A North Texas Lawmaker Wants to Exempt "Made in Texas" Guns From Federal Law

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Via.
According to statistics kept by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, there are several dozen licensed gun manufacturers in the state of Texas.

Most of those are small-scale operations, individuals or mom-and-pop-style shops that produce one or two pistols or rifles in a year. A small handful -- Bond Arms in Granbury; STI International in Georgetown; Maverick Arms in Eagle Pass -- produce them by the thousands.

Right now, the guns those manufacturers churn out are fully subject to federal gun laws under the general authority of the Commerce Clause of the U.S. Constitution, which gives Congress the authority to regulate things that affect interstate commerce. But what if gun and ammo were manufactured and sold in Texas, never crossing state lines?

State Rep. Jodie Laubenberg, R-Murphy, wants to find out. She filed a bill on Friday that would exempt Texas-made firearms -- they would henceforth be required to "have the words 'Made in Texas' clearly stamped on a central metallic part," per the bill -- from federal law. Laubenberg's proposal goes to great lengths to preempt any potential federal claim by claiming that raw materials (e.g. unmachined steel) and "generic and insignificant" parts (e.g. bolts, screws and pins) imported from other states can be used without triggering Congress' authority under the Commerce Clause.

This is the same tortured, legalistic workaround that drove Texas' employed in its ill-fated attempt to revive the incandescent light bulb. The difference is, in this case there are already firearms manufacturers in Texas who, if the law were passed, would no longer be required to obtain a license from the ATF, stamp a serial number on the gun, or perform a required federal background check on the buyer.

Nor is Laubenberg's measure unprecedented. Montana passed a similar law a couple of years ago that was successfully challenged in federal court, since the Commerce Clause has historically been defined rather broadly. The case is currently under appeal.

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28 comments
hix.miblue.john
hix.miblue.john

Rep putting this bill forward is an idiot with his hand in the pocket of gun manufacturers.  Another Texas GOP law maker that needs to go in the next election. 

observist
observist topcommenter

By the same reasoning, shouldn't Texas-grown pot and Texas-cooked meth be exempt from Federal regulations?

ThePosterFormerlyKnownasPaul
ThePosterFormerlyKnownasPaul topcommenter

Be careful, the federal courts believe that the commerce clause has an incredibly long reach.  Not only is it that parts may have been sold in interstate, but that the components and finished goods have the potential to be sold in interstate commerce or that similar items are sold in interstate commerce.  Therefor it is indistinguishable that the components or finished article are or are not sold in interstate commerce.


I cannot remember the citation, but there is a case, IIRC, of baker who grew their own wheat to make bread and sell it locally and the court ruled that the wheat grown was subject to price supports because it, the wheat, was indistinguishable from any other wheat as was the finished product.

BWinsler
BWinsler

Nothing more than a distraction that occupies the Courts' time away from real issues while scoring a few political points for a local Rep. 

Myrna.Minkoff-Katz
Myrna.Minkoff-Katz topcommenter

Now there's an idea.  Pretty soon they'll want to sell grenades and rocket launchers to the Texas public and the state can have its own war.

ThePosterFormerlyKnownasPaul
ThePosterFormerlyKnownasPaul topcommenter

@Myrna.Minkoff-Katz  

Myrna, forget grenades and rocket launchers.  If this passes, I plan on building tanks, with at least an 88 mm main gun, twin 50 caliber machine guns and a 25 mm recoilless rifle.  If I can't get TXDOT to ease off on the tread restrictions, I'll probably go with a wheeled heavy APC.  These should cut down on road rage somewhat.

May I pencil you in for two of these?

Myrna.Minkoff-Katz
Myrna.Minkoff-Katz topcommenter

At least in Brooklyn I can get a decent bagel and a schmeer.

observist
observist topcommenter

@ThePosterFormerlyKnownasPaul @Myrna.Minkoff-Katz Wouldn't those TXDOT restrictions be infringing your right to bear arms, or, um, your right to be borne by arms?   If the court has decided that individuals have the right to keep and bear arms needed to provide for the common defense, why can't you have hand grenades, RPG's and tanks?  Does "common sense" suddenly kick in at .50 caliber? 

RTGolden1
RTGolden1 topcommenter

@Myrna.Minkoff-Katz We have Beagles here.  However, I don't think they go very well with a schmeer.  They're much more useful when tracking down fugitives or piloting red doghouses though.

ThePosterFormerlyKnownasPaul
ThePosterFormerlyKnownasPaul topcommenter

@Myrna.Minkoff-Katz  

A Brooklynite's secret weapon:  stale bagels thrown at high speed ...

BTW, what on earth gave you the idea that bagels are sold in Dallas?  They are really a bagel impostor!!!

ThePosterFormerlyKnownasPaul
ThePosterFormerlyKnownasPaul topcommenter

@Myrna.Minkoff-Katz @ThePosterFormerlyKnownasPaul  

It will be my pleasure to help you pack ... 8-D


But do stop by for a visit every now and then ...

ThePosterFormerlyKnownasPaul
ThePosterFormerlyKnownasPaul topcommenter

@observist @ThePosterFormerlyKnownasPaul @Myrna.Minkoff-Katz  

In the last 300 years, I don't believe that a single war has been won where one side fought a guerilla style warfare and the other side fought a traditional set piece battle.

The heaviest weapon  that the Afghanis had against the USSR was a Stinger missile.

Some that come to mind are:

North Vietnam vs both France (50's) and the US (60's and 70's)

British American Colonies vs Great Britain

Afghan Irregulars vs USSR

Indians led by Ghandi vs Britain

Algerian irregulars vs France (late 50's)

Mao Tse Tung vs China (Nationalists)

Che Guevara in Cuba vs Spain

Boers in the 2nd Boer War vs Great Britain

observist
observist topcommenter

@ThePosterFormerlyKnownasPaul@observist@Myrna.Minkoff-KatzI know you were being sarcastic, but that mindset seems pretty close to a lot of Texans'.  Why isn't "arms" interpreted to include hand grenades, etc.?  I mean, if we're defending against the tyranny of the US government, which has tanks, missles, RPG's, drones, aircraft carriers full of state-of-the-art fighters, don't we need something more than hunting rifles, pretend assault rifles and handguns to fight them?  

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