TX State HB 627 - Exempting the intrastate manufacture of firearms.

[matefrio]

83(R) HB 627 - Introduced version - Bill Text

CHAPTER 2003. INTRASTATE MANUFACTURE OF A FIREARM, A FIREARM
	ACCESSORY, OR AMMUNITION
	Sec. 2003.001. DEFINITIONS. In this chapter:
	(1)"Firearm accessory" means an item that is used in
	conjunction with or mounted on a firearm but is not essential to the
	basic function of a firearm. The term includes a telescopic or
	laser sight, magazine, flash or sound suppressor, folding or
	aftermarket stock and grip, speedloader, ammunition carrier, and
	light for target illumination.

Exciting stuff. Here I could make a silencer and stamp it "State of Texas" and I'm good to go, well almost as they need to take silencers off of the illegal list. Doh!

Sec.2003.003.NOT SUBJECT TO FEDERAL REGULATION. (a) A
	firearm, a firearm accessory, or ammunition that is manufactured in
	this state and remains in this state is not subject to federal law
	or federal regulation, including registration, under the authority
	of the United States Congress to regulate interstate commerce.

 

[Charlie]

Outstanding!

 

[matefrio]

Letter to the author.

To make your bill effective as a law you'll need to amend 46.05 removing silencers. While your at it PLEASE amend section (c) to read "It is an affirmative defense under this section that the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended.

 

[Mic]

That is great. It stands on higher ground than the "You can't touch guns in my state." law that I saw being discussed earlier in that this is completely within the realm of state authority to do. Even worded so that it has to be made of all parts from Texas (except generic and insignifcant parts like springs, screws, etc) - I believe this is important so that Larue can't just make a lower, bring in parts from the rest of the country and say "Made in Texas, now you can't touch it." That would be grounds for losing a court battle.

I really like this law. Probably means it won't get through.

 

[TXARGUY]

I've said it once and I'll say it again; God Bless Texas!

 

[Younggun]

I love it and I will be calling my reps to let them know!

 

[TheDan]

I love it and I will be calling my reps to let them know!

Me too. The feds use interstate commerce as an excuse to regulate a whole lot of stuff. Firearms are just one item that we need to start stamping "Made in TX" and telling the fed gov that it's none of their business.

 

[wakal]

Great! Hopefully Democrat Dewhurst and Talks Tough (Then Hides) Perry will let this at least come to a vote, unlike the last run of pro gun bills.

Alex

 

[Texasjack]

Let's hope this and other proposed pro-gun bills can make it through the legislature! Time to let our reps know we support this and will be watching the vote.

 

[feeesh]

GO Texas!!
I moved here from Californistan last March and will never be looking back! Love it here!

 

[txinvestigator]

Letter to the author.

To make your bill effective as a law you'll need to amend 46.05 removing silencers. While your at it PLEASE amend section (c) to read "It is an affirmative defense under this section that the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended.

How about, "it is an exception to the application of this section....."

Let's remove the arrestable factor.

 

[winchster]

How about, "it is an exception to the application of this section....."

Let's remove the arrestable factor.

Yes. Exceptions are always preferred.

 

[bowserb]

I wonder if it might be necessary to define "manufactured in this state". I suspect there are scores of AR "manufacturers" who are really just parts assemblers. An upper from this company, a lower from this one, recoil spring from there, this company's trigger, etc. None of the components are made here, but they're assembled here into a finished AR-15. If that's the case, some liberal government lawyer could pick it apart "manufacturer" by "manufacturer".

 

[jsimmons]

It seems to me that since the lower receiver is the part you need a background check for, that should be the only part that should be required o be made in Texas.

 

[jordanmills]

We need to change the definition of zip gun in tpc 46, or add another exemption. Currently you can only make

(16) "Zip gun" means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance.

and

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
[...]
(9) a zip gun; or
[...]
(c) It is a defense to prosecution under this section that the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended.

So currently you can't make your own firearms from raw materials in Texas unless it's pursuant to registration with the feds.

 

[Charlie]

I guess that means ALL firearms could, by the Zip gun definition, actually qualify as illegal? Iron ore, etc. wasn't originally a firearm. Just sayin'

 

[Greg_TX]

It seems to me that since the lower receiver is the part you need a background check for, that should be the only part that should be required o be made in Texas.

Hmmm... interesting question.

 

[matefrio]

House bill aimed at removing Texas guns from U.S. regulation;... | www.statesman.com

 

[Flyingswords]

The Dick Act of 1902 also known as the Efficiency of Militia Bill H.R. 11654, of June 28, 1902 invalidates all so-called gun-control laws. It also divides the militia into three distinct and separate entities.

The three classes H.R. 11654 provides for are the organized militia, henceforth known as the National Guard of the State, Territory and District of Columbia, the unorganized militia and the regular army.

The militia encompasses every able-bodied male between the ages of 18 and 45. All members of the unorganized militia have the absolute personal right and 2nd Amendment right to keep and bear arms of any type, and as many as they can afford to buy.

The Dick Act of 1902 cannot be repealed; to do so would violate bills of attainder and ex post facto laws which would be yet another gross violation of the U.S. Constitution and the Bill of Rights.

*The unorganized militia is anyone not in any branch of service or state national guard.

Suck on that Feinstein lol

 

[ArmedDeacon]

I would love it to include the word "assembled", then any AR's you might piece together, even if just snapping an upper and a lower together, would be covered.