HB145 - Firearms Freedom Act

[Dave2]

The Firearms Freedom Act is similar to legislation passed in other states which says that any firearm, firearms accessories, and ammo made and retained in Texas is not part of the interstate commerce and hence not subject to federal law or regulation.

So, Texas Manufactured firearms (like LaRue) would be exempt from Federal Law & Regulation such as 4473's??

The key phrase there is "and retained". If it's made in TX and sold in TX, then it's not interstate commerce and the feds don't have any authority over it.

[tacticool]

So, Texas Manufactured firearms (like LaRue) would be exempt from Federal Law & Regulation such as 4473's??

The key phrase there is "and retained". If it's made in TX and sold in TX, then it's not interstate commerce and the feds don't have any authority over it.

Building a home-made suppressor for your own use is not commerce, much less interstate commerce.

[Pawpaw]

Don't forget about Bond Arms in Granbury.

[Bullwhip]

Building a home-made suppressor for your own use is not commerce, much less interstate commerce.

You'd think growing your own wheat for your family and livestock wouldn't be either, huh? The supremes said it is because then you're not buying it from someone else and that affects interstate commerce.

[RPB]

Building a home-made suppressor for your own use is not commerce, much less interstate commerce.

You'd think growing your own wheat for your family and livestock wouldn't be either, huh? The supremes said it is because then you're not buying it from someone else and that affects interstate commerce.

True, they need to get onto those CallyFornian's "growing their own" and affecting "International Trade with Mexico"
They need to send the FDA, INS, CIA, FBI, and BATFE over there and dispose of all that. Maybe the ACLU too.

[Liberty]

The Obamans have no problems with growing marijauana even though it is against federal law. But try selling raw milk or wheat. and they will come down on a farmer like a ton of bricks. He will tolerate a state like California making illegal laws. But he will do what ever he can do break or destroy George W. Bush's home state of church going gunl clingers.

[cbr600]

I'm all for it, as well as house bill 181 which exempts firearms & ammo from state sales tax.

It only exempts firearms and ammo for a specific time, not permanently. Same as the limited tax exemption for clothing and footware.

Sec.A151.344.AAHANDGUNS, RIFLES, SHOTGUNS, AND AMMUNITION.
The sale of a handgun, a rifle, a shotgun, or ammunition for a
handgun, rifle, or shotgun is exempted from the taxes imposed by
this chapter if the sale takes place during the period described by
Section 151.326(a)(2).


Section 151.326(a)(2)
(2) the sale takes place during a period beginning at 12:01 a.m. on the third Friday in August and ending at 12 midnight on the following Sunday

It sounds like it would include firearms and ammo in the tax free weekend list for Texas. That's a nice touch. The tax free weekend in North Carolina included sporting goods and computers, which would also be a nice addition to the Texas list - if the state could cut spending to reasonable levels.

[CJD]

If Texas-made guns would not be federal jurisdiction (under the proposed bill), does that mean that under 21 but 18+ could buy Texas-made handguns (if there are any I'm not sure)?

[hirundo82]

If Texas-made guns would not be federal jurisdiction (under the proposed bill), does that mean that under 21 but 18+ could buy Texas-made handguns (if there are any I'm not sure)?

Under-21 year-olds are already legal to purchase handguns, as long as they aren't purchasing them in interstate commerce (ie from an FFL).

[CJD]

Oh well yeah, I was just wondering if FFL were to sell state-made handguns as well if those particular models would be legal to buy from them.

[hirundo82]

Oh well yeah, I was just wondering if FFL were to sell state-made handguns as well if those particular models would be legal to buy from them.

An FFL could sell handguns made in the state only if they didn't mind having their license revoked by the ATF at the very least, and very likely serving prison time. If someone set up a business to sell only in-state-made firearms, they would be prosecuted for being in the business of selling firearms without being a licensed dealer.

The bill honestly won't do much in practical or legal terms. The state of Commerce Clause jurisprudence is such that virtually any activity can be regulated even if the goods never cross state lines (see Gonzales v. Raich), and with the court cases against the individual mandate against Obamacare the Obama Administration is trying to argue they can also prohibit your decision to not participate in an activity (in that case to not purchase insurance).