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Encoded Ammo Bill in Penna Legislature

Discussion in 'Uncategorized Threads' started by steele, Feb 21, 2008.

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  1. steele

    steele TS Member

    Jan 29, 1998
    Just got notified of a pending " Encoded Ammunition Act" House Bill 2228, introduced into the State House. This sure looks serious. I recieved this as an e-mail. I'm having trouble copying & pasting this to this post. I could forward to someone with more expertise, so they could post it.
  2. steele

    steele TS Member

    Jan 29, 1998
    I think I got it

    PRINTER'S NO. 3188
    This is very alarming.



    HOUSE BILL No. 2228 Session of 2008









    AN ACT

    1 Providing for encoded ammunition; imposing duties on

    2 manufacturers, sellers and owners of ammunition; providing

    3 for the powers and duties of the Commissioner of the

    4 Pennsylvania State Police and the Secretary of Revenue;

    5 establishing the encoded ammunition database and the Encoded

    6 Ammunition Database Fund; imposing a tax; and imposing

    7 penalties.

    8 The General Assembly of the Commonwealth of Pennsylvania

    9 hereby enacts as follows:

    10 CHAPTER 1


    12 Section 101. Short title.

    13 This act shall be known and may be cited as the Encoded

    14 Ammunition Act.

    15 Section 102. Definitions.

    16 The following words and phrases when used in this act shall

    17 have the meanings given to them in this section unless the

    18 context clearly indicates otherwise:

    19 "Commissioner." The Commissioner of Pennsylvania State


    1 Police.

    2 "Encoded ammunition." Ammunition that is encoded by a

    3 manufacturer under section 301.

    4 "Encoded ammunition database" or "database." The encoded

    5 ammunition database established under section 303.

    6 "Encoded ammunition database tax" or "tax." The encoded

    7 ammunition database tax established under Chapter 5.

    8 "Manufacturer." A person who possesses a Federal license to

    9 engage in the business of manufacturing ammunition for sale or

    10 distribution.

    11 "Regulated firearm." A firearm as defined in 18 Pa.C.S. §

    12 6102 (relating to definitions).

    13 "Seller." A seller of encoded ammunition in this

    14 Commonwealth.

    15 CHAPTER 3


    17 Section 301. Duty of manufacturers to encode ammunition.

    18 (a) General rule.--A manufacturer shall encode ammunition

    19 provided for retail sale for regulated firearms in a manner that

    20 the commissioner establishes, so that:

    21 (1) The base of the bullet and the inside of the

    22 cartridge casings of each round in a box of ammunition are

    23 encoded with the same serial number.

    24 (2) Each serial number is encoded in such a manner that

    25 it is highly likely to permit identification after ammunition

    26 discharge and bullet impact.

    27 (3) The outside of each box of ammunition is labeled

    28 with the name of the manufacturer and the same serial number

    29 used on the cartridge casings and bases of bullets contained

    30 in the box.

    20080H2228B3188 - 2 -


    1 (b) Labeling per box.--Ammunition contained in one

    2 ammunition box may not be labeled with the same serial number as

    3 the ammunition contained in any other ammunition box from the

    4 same manufacturer.

    5 Section 302. Duty of owner to dispose of ammunition.

    6 On or before January 1, 2010, an owner of ammunition for use

    7 in a regulated firearm that is not encoded by the manufacturer

    8 in accordance with section 301 shall dispose of the ammunition.

    9 Section 303. Encoded ammunition database.

    10 (a) Duty of commissioner to establish.--One year after the

    11 effective date of this section, the commissioner shall establish

    12 and maintain an encoded ammunition database.

    13 (b) Duty of manufacturers to provide information.--A

    14 manufacturer that does business in this Commonwealth shall

    15 provide the commissioner for inclusion in the database:

    16 (1) The name and address of the manufacturer.

    17 (2) The serial numbers of the ammunition offered for

    18 sale for regulated firearms in this Commonwealth.

    19 (3) Other information that the commissioner considers

    20 necessary.

    21 (c) Duty of seller to provide information.--A seller shall

    22 provide the commissioner for inclusion in the database:

    23 (1) The date of each ammunition purchase.

    24 (2) The name and date of birth of each purchaser of

    25 ammunition.

    26 (3) The driver's license number of the purchaser or

    27 other number issued to the purchaser by the Federal or State

    28 government.

    29 (4) The serial numbers of all ammunition for regulated

    30 firearms bought by the purchaser.

    20080H2228B3188 - 3 -


    1 (5) Any other information that the commissioner

    2 considers necessary.

    3 Section 304. Seller recordkeeping requirement.

    4 A seller shall maintain copies of all records submitted to

    5 the commissioner under section 303 for at least three years

    6 after the date of sale.

    7 Section 305. Funding for database.

    8 The encoded ammunition database shall be funded by the

    9 encoded ammunition database tax.

    10 Section 306. Penalties.

    11 (a) Sellers and others who destroy encoding.--

    12 (1) A seller that violates this chapter commits a

    13 misdemeanor of the third degree.

    14 (2) A person who willfully destroys or otherwise renders

    15 unreadable the information encoded on ammunition required

    16 under this act commits a misdemeanor of the third degree.

    17 (b) Manufacturers.--A manufacturer that violates this act is

    18 subject to a civil fine to be imposed by the commissioner not to

    19 exceed:

    20 (1) $1,000 for a first violation.

    21 (2) $5,000 for a second violation.

    22 (3) $10,000 for a third or subsequent violation.

    23 CHAPTER 5


    25 Section 501. Imposition of tax.

    26 (a) General rule.--Except as otherwise provided under

    27 subsection (b) and subject to the provisions of subsection (c),

    28 in addition to any other tax imposed under law, a tax of 5¢ per

    29 round of encoded ammunition is imposed on the sale at retail or

    30 use of encoded ammunition in this Commonwealth.

    20080H2228B3188 - 4 -


    1 (b) Exception.--Subsection (a) shall not apply to a sale of

    2 encoded ammunition to a police force or other agency of the

    3 United States, any state or a political subdivision of any

    4 state.

    5 (c) Retention of collection fee.--A person who timely files

    6 a tax return is allowed, for the expense of collecting and

    7 paying the tax, a credit equal to 0.5% of the gross amount of

    8 the tax that the person is required to pay to the Commonwealth

    9 under this chapter.

    10 Section 502. Presumption and burden of proof.

    11 (a) General rule.--A rebuttable presumption exists that a

    12 sale of encoded ammunition in this Commonwealth is subject to

    13 the tax.

    14 (b) Person who has burden of proof.--The person required to

    15 pay the tax has the burden of proving that a sale of encoded

    16 ammunition in this Commonwealth is not subject to the tax.

    17 Section 503. Collection and deposit of tax.

    18 (a) Duties of Secretary of Revenue.--The Secretary of

    19 Revenue of the Commonwealth shall collect the tax in the same

    20 manner as the tax imposed under Article III of the act of March

    21 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, and

    22 shall deposit the tax into the fund established under subsection

    23 (b).

    24 (b) Encoded Ammunition Database Fund.--The Encoded

    25 Ammunition Database Fund is hereby established in the State

    26 Treasury. The moneys of the fund shall be used only to pay for

    27 the expense of implementing and administering the database.

    28 Section 504. Tax returns to be filed.

    29 (a) Duty of purchaser.--

    30 (1) A purchaser who fails to pay to the seller on a

    20080H2228B3188 - 5 -


    1 purchase or use subject to the tax as required under this

    2 chapter shall complete and file with the Secretary of Revenue

    3 an encoded ammunition database tax return on or before the

    4 21st day of the month that follows the month in which the

    5 purchaser makes that purchase or use.

    6 (2) A return filed by a purchaser under this subsection

    7 shall state separately, for encoded ammunition, for the

    8 period the return covers, the number of rounds of the encoded

    9 ammunition subject to the tax and the tax due.

    10 (b) Duty of seller.--

    11 (1) Each seller shall complete and file with the

    12 Secretary of Revenue an ammunition database tax return on or

    13 before the 21st day of the month that follows the month in

    14 which the seller makes a retail sale for use of encoded

    15 ammunition.

    16 (2) A return filed by a seller under this subsection

    17 shall state separately, for encoded ammunition, for the

    18 period the return covers, the number of rounds of the encoded

    19 ammunition sold by the dealer and the tax due.

    20 CHAPTER 7


    22 Section 701. Effective date.

    23 This act shall take effect in 60 days.

    L20L18DMS/20080H2228B3188 - 6 -
  3. nicky

    nicky Member

    May 23, 2007
    There is a number of states trying to introduce this legislation. I hope there are some state legislator's logging onto this site and if so here are some thought's. In the state of Pennsylvania, of the 20 members that are introducing this Bill, 18 of them are from the city of Philadelphia and 2 are from Pittsburgh. These people don't have a clue about the life and life style of the population outside of the city. To think gun owners and sportsman will give up, shoot up, or destroy ammo just to make the city's safer, COME ON !. What about the 70 year old hunter that has 4 boxes of 308 he purchased 15 years ago and only shoots 2 to 4 rounds a year. What about the people that have a couple of bricks of 22 shells. What about the lawfull ownership of class-3 weapons and buying .556 , 7.62x39 , 9mm , or 308 by the thousands. Think I would go out and waste ammo just to get rid of it by 2010, COME ON !. How are you going to laser etch 7 1/2 or 8 shot ?. What about the ones that hand reload for target shooting or hunting ?. Once again our brilliant elected official's are trying to treat the sympton and not the disease. I bet the criminal will care about the bullet being able to be traced, ya right. Do you think the criminal will produce I.D. with their real name ? Duh. Here's a thought for all you city
    politician's, being you can't seem to build a fence at the boarder's, maybe you should redirect your efforts and concentrate on building a fence around your cities and leave the rest of us law abiding, normal people alone. How many gun owners are there ? , and how many shootings are there in the cities each year ?. It sure is nice of you politician's to lump all of us into the same category.

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