Gutierrez Bill Bans 3D-Printed Guns And Their Design Files

The text as introduced · 534 words

90R3669 JCG-F

By: Gutierrez, Cook of Harris, Menéndez
S.B. No. 308

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting the manufacture of firearms and major

components of firearms with a three-dimensional printer, the

possession, transport, repair, or sale of those firearms and

components, and the distribution or publication of the schematics

for those firearms and components; creating criminal offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 46.01, Penal Code, is amended by adding

Subdivisions (21), (22), and (23) to read as follows:

(21) "Three-dimensional printer" means a device

capable of producing a three-dimensional object from a digital

model by additive manufacturing.

(22) "Digital firearm schematic" means any

computer-aided design (CAD) file or other digital instruction

designed for the production of a firearm or major component of a

firearm using a three-dimensional printer.

(23) "Major component" means, with respect to a

firearm, the barrel, the slide or cylinder, or the frame or receiver

of the firearm.

SECTION 2. Section 46.05, Penal Code, is amended by adding

Subsections (a-1) and (c) to read as follows:

(a-1) A person commits an offense if the person

intentionally or knowingly:

(1) manufactures a firearm using a three-dimensional

printer;

(2) manufactures a major component of a firearm using

a three-dimensional printer; or

(3) possesses, transports, repairs, or sells:

(A) a firearm described by Subdivision (1);

(B) a major component described by Subdivision

(2); or

(C) a firearm that contains a major component

described by Subdivision (2).

(c) It is a defense to prosecution under Subsection (a-1)

that:

(1) the actor was performing an official duty as an

officer or employee of a governmental law enforcement agency or a

court;

(2) the actor was licensed under 18 U.S.C. Section 923

as a firearms dealer, manufacturer, or importer and was acting

within the scope of that license in compliance with federal law; or

(3) the actor was conducting a study on additive

manufacturing with respect to weapons at a research institution, if

the study is approved by the Department of Public Safety.

SECTION 3. Chapter 46, Penal Code, is amended by adding

Section 46.055 to read as follows:

Sec. 46.055. DIGITAL FIREARM SCHEMATICS. (a) A person

commits an offense if the person distributes, publishes, or

otherwise makes available to another person any digital firearm

schematic with the intent or knowledge that the digital firearm

schematic facilitates the manufacture of a firearm or a major

component of a firearm using a three-dimensional printer.

(b) The defenses provided by Section 46.05(c) also apply to

a prosecution under this section.

(c) An offense under this section is a Class A misdemeanor.

SECTION 4. The change in law made by this Act applies only

to an offense committed on or after the effective date of this Act.

An offense committed before the effective date of this Act is

governed by the law in effect on the date the offense was committed,

and the former law is continued in effect for that purpose. For

purposes of this section, an offense was committed before the

effective date of this Act if any element of the offense occurred

before that date.

SECTION 5. This Act takes effect September 1, 2027.