Last week, a Texas state House committee held a hearing on a bill to protect both the 10th and 2nd amendments to the Constitution.

House Bill 421 (HB421), the Firearms Freedom Act, was introduced on Feb. 16 by Rep. Matt Krause (R-Fort Worth). It received a hearing in the House State & Federal Power & Responsibility, Select Committee on April 9.

The bill states in part:

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.

The committee hearing ran smoothly for HB421 with no objections and little clarification needed regarding the intent of the bill. Rep. Krause spoke strongly in favor of his legislation.

“Texas believes that the 10th Amendment still means something, and that there’s intrastate commerce,” Rep. Krause said. “If it never goes outside the boundaries of Texas then federal regulations don’t come into play.”

HB421 cites both the 9th and 10th Amendments by saying that “the regulation of intrastate commerce is vested in the states under the Ninth and Tenth Amendments to the United States Constitution.”

“We think [HB421 is] good for the Texas economy, and we think that it’s good for Texas business to have this policy,” Rep. Krause said. “In fact, we just got the numbers that, in Texas alone, there are 336 [firearm] manufacturers in Texas who would benefit from this bill, and the positive impact that it could have.”

Krause also noted that the number of gun manufacturers in the state of Texas has increased nearly 200 percent from 132 manufacturers in the past five years. Protecting this booming industry during a period of national economic malaise is one of the many potential benefits from passing HB421.

Krause mentioned that ‘made in Texas’ could be imprinted on firearms made in the state to clarify any confusion that federal bureaucrats may have pertaining the commerce clause. Six individuals registered, but did not testify, in favor of the bill. There was no opposition that presented itself from members of the committee or anyone in attendance.

HB421 works side-by-side with two other bills under consideration in the Texas House, HB413 and HB422. These bills address federal gun control from a different direction, banning the state from helping the federal government enforce its acts, laws, rules, regulations, and orders. (Learn about those bills here)

Each bill addresses federal gun control in a different way and acts as an important roadblock to federal enforcement. Boldin considered this a positive step forward. “These people have been chipping away at our natural rights since 1934 and before,” he said. “Every step towards rejecting their unconstitutional and immoral power brings us a step closer to liberty.”

The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”



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