Texas Hunting Forum

FIREARM EXEMPTION BILL IN TEXAS!

Posted By: jdickey

FIREARM EXEMPTION BILL IN TEXAS! - 05/04/09 02:27 AM

This is an interesting bit of legislation just introduced by Leo Berman in the Texas House - HB 1863 will exempt any firearm manufactured in Texas from Federal registration....

http://www.legis.state.tx.us/tlodocs/81R/billtext/html/HB01863I.htm

In so many words, if you buy a firearm made in Texas, and buy it in Texas, and are a Texas resident, you will be exempt from the Federal registration requirement!

Posted By: Friction

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/04/09 05:29 AM

great but it needs to much deeper than that, like if you live in texas then you're exempt from federal law.

Posted By: cbump

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/04/09 06:18 AM

What firearms are made in Texas??

Posted By: Frisbie

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/04/09 06:30 AM

Bond Arms in Granbury

Posted By: Friction

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/04/09 06:38 AM

you got me, i've seen threads on the ar15.com where folks were offering their machine shops for those who to give it a try, but admittingly i didn't read the bill and the devil is always in the details.

i bet if it passed there would a gun maker or two who would relocate to texas, or perhaps it would encourage a start up business.

i just think the bill should be if you're in texas and citizen of the usa, then any firearm shall be exempt from the fed's no matter where you bought it.

of course felons and other "non-desirables" would not be included.

Posted By: mossberg man

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/04/09 06:47 AM

Quote:

What firearms are made in Texas??


mossberg!

Posted By: Friction

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/04/09 06:50 AM

here's another: american derringer

http://www.amderringer.com/first.html

bond arms website is interesting, i would buy them than a taurus judge.

Posted By: Frisbie

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/04/09 06:54 AM

Bond Arms is awesome! Maker of the Snake Slayer!!!

Posted By: texretvet

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/04/09 08:18 AM

I'm sure if this passes, there would soon be many more manufacturers in Texas. Basically the bill allows for everything with the exception of fully automatic weapons. Silencers, SBR's, SBS's, Destructive Devices, etc, etc, would be fair game. If this passes, you could make your own silencers in your garage if you wanted.

Posted By: Seadog

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/04/09 11:51 AM

Quote:

I'm sure if this passes, there would soon be many more manufacturers in Texas. Basically the bill allows for everything with the exception of fully automatic weapons. Silencers, SBR's, SBS's, Destructive Devices, etc, etc, would be fair game. If this passes, you could make your own silencers in your garage if you wanted.




+1

Posted By: falmike

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/04/09 01:49 PM

Cimarron Arms and STI. Cowboy stuff and 1911s.

Posted By: rstewlandman

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/04/09 06:03 PM

Quote:

Quote:

I'm sure if this passes, there would soon be many more manufacturers in Texas. Basically the bill allows for everything with the exception of fully automatic weapons. Silencers, SBR's, SBS's, Destructive Devices, etc, etc, would be fair game. If this passes, you could make your own silencers in your garage if you wanted.




+1





+2
They will and should flock to Texas, we have a big plant here in Tyler they could use, and the GM Plant in Arlington will make a good gun factory

Posted By: KellyAsh

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/04/09 06:16 PM

I'll believe this when I see it. Same thing goes for all the evil, anitgun bills. Most of these bills are too far to the left or right for them to get passed but Im hoping and praying this one passes. I'll be one of the first to submit my resume. Location is the only reason I dont already work for a gun manufacturer.

Posted By: sig226fan (Rguns.com)

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/04/09 08:52 PM

High Standard's were last time I checked... Maverick's and base model Mossbergs, and some of the others would be here soon if that passes and passes muster through the fed courts... heck, most of them would move here

Posted By: CurtisCatfish

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/04/09 09:08 PM

I'd help find them a place !!!

Posted By: poisonivie

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/04/09 11:41 PM

....and then it's just a short step to- "if it's made in Texas, no CCL needed" !!!!!!!!!!!!!

Posted By: RonKaye

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/05/09 12:12 AM

Quote:

If this passes, you could make your own silencers in your garage if you wanted.




Been wondering what to do with all those 1/2 liter water bottles!

Posted By: jdickey

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/05/09 04:54 AM

This appeared in today's Fort Worth Star Telegram..........

Posted on Mon, May. 04, 2009

A Texas lawmaker wants to further push state sovereignty from the federal government.

Rep. Leo Berman, a former Arlington mayor pro tem, has filed a bill to make guns, ammunition and gun parts that are made, sold and kept in Texas free from federal regulation.

That would exempt them from federal gun registration, dealer licensing rules and buyer background checks. State laws would still apply.

"This does two things," said Berman, a Tyler Republican. "It tests our sovereignty in relationship to the federal government, and it would attract new small gun manufacturers to the state to manufacture certain types of weapons and ammunition that are only used in intrastate commerce."

Guns and sovereignty are fiery issues in the Lone Star State, where residents resist federal regulations that could trample on either right.

Sparks flew last month when Gov. Rick Perry talked about how some Texans might want the state to secede from the U.S. and when a bill advanced in the Legislature to tell the federal government to "cease and desist" imposing regulations on the state.

Berman’s bill, similar to measures in Montana and Alaska, would push the sovereignty button even further.

The bill is pending in the House Public Safety Committee.

Texas-made

Berman said his bill is geared to help smaller "mom and pop" gun, ammunition and gun-part makers in Texas.

Those who make and sell their products in the state would put a "Made in Texas" stamp on items meant to stay in Texas.

Lawmakers say the federal government regulates firearms and ammunition through its power to regulate interstate commerce. If Texas prevents those products from leaving the state, federal officials’ arguments for regulating them are rendered moot, state lawmakers say.

"The bill requires every component to be made and stay in Texas," Berman said. "If it leaves Texas, it will be subject to federal legislation."

Critics say the bill is a long shot. They worry that if residents try to follow such a law, they would risk prosecution from the U.S. government, which may not recognize the legislation. Karl Dean Pifer, who owns KC Precision Ballistics in Granbury, said he has mixed feelings about the bill.

He and his wife and daughter make federally licensed ammunition at their home for up to .50-caliber firearms. Last year, they sold about 10,000 rounds — an amount they have already reached in the first quarter of this year, Pifer said.

While he would like some of the regulatory relief the bill could bring, Pifer said, he’s worried that manufacturers might not be under strict-enough guidelines.

"With no regulation, it could open it up to a lot of bad guys doing a lot of bad stuff," he said. But "it would be great to sell within the state without any additional taxes or regulations."

Test case?

A similar bill is pending in Alaska, where House members have approved the Alaska Firearms Freedom Act.

Some there say they see the bill as a way to reclaim some of their rights from the federal government.

But Texas lawmakers are keeping an eye on the Montana measure, which takes effect Oct. 1. That is the gun-sovereignty law they believe most likely to be tested in court.

Some have said they hope to set off a court battle by finding a Montana resident to notify the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives that he or she will build and sell "made in Montana" rifles without federal licensing.

If not allowed to proceed, the resident would file a lawsuit in the hope of making it to the U.S. Supreme Court for a final ruling.

"This will be the test case, to challenge the federal law," Berman said. "I’m very interested in our Second Amendment rights under the Constitution."


Bill watch: Guns

Description: HB 1863, exempting Texas-made and Texas-sold weapons and ammo that do not leave the state from federal requirements; HB 1893, which would let a person with a concealed-handgun license carry a weapon on a college campus; SB 729, which would give a person some legal protection for carrying a gun into a bar if management has not posted a sign; SB 730, which would let people take handguns to work and leave them locked in their car.

How to track: Go to www.legis.state.tx.us and search for the bills by their number.
ANNA M. TINSLEY, 817-390-7610


Posted By: Mr. Clean

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/05/09 04:59 AM

Hmmmmm....I like it!!

Posted By: netman

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/05/09 05:26 PM

It was already done in Montana.

Posted By: bigmac

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/06/09 02:28 AM

I'm all for it. Republic of Texas

Posted By: rstewlandman

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/06/09 05:21 PM

Montana is supposed to pass this same thing into law today at noon, and said if the Feds said something they would start talks to secede!

Posted By: Sharpstick

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/07/09 11:23 PM

Quote:

I'm sure if this passes, there would soon be many more manufacturers in Texas. Basically the bill allows for everything with the exception of fully automatic weapons. Silencers, SBR's, SBS's, Destructive Devices, etc, etc, would be fair game. If this passes, you could make your own silencers in your garage if you wanted.







NOT TRUE


TX law already states these are illegal items and it is a defence to prosecution if said items are registered with the ATF under NFA regs. So I'm sorry to inform you guys there will not be SBR's and MG's for all. So sorry to burst you guys bubble....

LINK to TX LAW..... Chapter 46 http://tlo2.tlc.state.tx.us/statutes/pe.toc.htm

Posted By: texretvet

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/08/09 12:24 AM

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

(1) an explosive weapon;

(2) a machine gun;

(3) a short-barrel firearm;

(4) a firearm silencer;

(5) a switchblade knife;

(6) knuckles;

(7) armor-piercing ammunition;

(8) a chemical dispensing device; or

(9) a zip gun.

(b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility.

(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.


OK, I see what you are saying. But it makes no since for Texas to pass legislation that allows Texans to produce and own NFA items without registration with the ATF or interference form the federal government, while the state still considers the items illegal if they are not registered with the ATF.

That's like saying, "You don't have to pay federal income tax if you live in Texas, but the state considers it illegal to not pay federal income tax."

I would think that the new legislation would make the other law null and void. Of course, I don't want to be the first one to test that theory out!!

Posted By: Sharpstick

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/08/09 12:31 AM

Law doesn't/wouldn't really do or change much of anything for now IMO. Does stop any future .gov registration or taxation thou. TX could later change the TX law and NFA would no longer apply. FYI. Montana had to remove MG's to get their bill thru......

This law for now, is just TX posturing up to the Obama administation and Democrat congress. IE............... DON"T TREAD ON ME.............................

Posted By: texretvet

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/08/09 12:42 AM

Under the new bill, Sec. 2003.001

"(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. "

Notice that firearm accesory includes flash and sound suppressor.

It goes on to state in 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.

Notice this includes firearm accessory as defined in Sec.2003.001, which includes suppressors.

Here are the onlty exceptions as stated in Sec. 2003.004;

1)a firearm that cannot be carried and used by one person; (2)a firearm that has a bore diameter greater than 1.5inches and that uses smokeless powder and not black powder as a propellant;
(3)ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or
(4)a firearm that discharges two or more projectiles with one activation of the trigger or other firing device.

I can't see this Bill being passed, and the old law still enforced. The new bill specifically list's suppressors, so I can't see that they would be illegal under Texas laws. There is no mention of SBR's or other NFA items, but none are listed in the exceptions.

Posted By: Sharpstick

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/08/09 12:50 AM

I said SBR's and MG's not anything about suppressor's. Now did I... Only current supressor mfg in TX I know of, is Larue Tactical and he doesn't sell them to public. I tried ever so gently to talk him into it at the 3gun in March however. NO LUCK

And NO the bill woln't likely pass as written now..

Posted By: Central Texas Hog Traps

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/08/09 12:56 AM

We need to follow Montana
My guns, my place
Ya want em, come try to get em
And thats all i got to say about that


Posted By: rstewlandman

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/08/09 01:05 AM

yea...what he said

Posted By: texretvet

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/08/09 01:23 AM

Quote:

I said SBR's and MG's not anything about suppressor's. Now did I... Only current supressor mfg in TX I know of, is Larue Tactical and he doesn't sell them to public. I tried ever so gently to talk him into it at the 3gun in March however. NO LUCK

And NO the bill woln't likely pass as written now..




Ahhh, Gotcha. You did only say SBR's and MG's.

Posted By: elkhunter7x6

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/08/09 08:49 PM

Quote:

Montana is supposed to pass this same thing into law today at noon, and said if the Feds said something they would start talks to secede!





Did the law get passed in Montana?

Posted By: 30378

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/09/09 06:41 PM

The bill has to be considered a big incintive to bring firearms mfg and jobs to the state. The mfgs would love to get out from under so much legislative weight. How many of you have emailed this congressman and shown appreciation for his support?

http://www.house.state.tx.us/members/dist6/berman.htm

GO LEO BERMAN!!

Posted By: jdickey

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/10/09 04:14 AM

Montana has passed its new gun law!

MONTANA GOVERNOR SIGNS NEW GUN LAW!

Found this also....Montana will probably move DOWN on the list!

BRADY SCORECARD RANKINGS

Posted By: Reality Outdoors

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/10/09 06:25 AM

Quote:

What firearms are made in Texas??




http://www.laruetactical.com/ Leander Texas


Posted By: Longshank

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/10/09 11:35 PM

Several gunmakers in Montana. Cooper Arms will probably be first to test it. Will be interesting to see if staes who have similar laws can make them reciprocle. Probably not, since guns would have to be transported across state lines and not adjoining states at that. Will be interesting to see how many other states follow suit.

Posted By: jdickey

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/11/09 02:54 AM

And my favorite.....

SHILOH SHARPS RIFLES

Maker of the "Quigley" Sharps Rifle.....In Big Timber, Montana! !! !

Posted By: Esslmeister

Re: FIREARM EXEMPTION BILL IN TEXAS! - 05/15/09 02:44 AM

I want a income tax exemption bill passed in TX! Im tired of paying for all the dead beats.

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