pa legislature is going to try to serialize all ammo in PA

[Axyl]

Hi guys,

This should probably go in the laws section but I thought it rated getting general exposure. I recieved this from one of the members of the gun club that I belong to. I've read it and it's bad, really bad. I haven't check to find out how far along they are on this but I plan on doing just that and then contacting my rep. Please pass this along so we can get it stopped.

Thanks,

Axyl



----- Original Message -----
Sent: Friday, February 22, 2008 2:35 PM
Subject: Encoded Ammunition Act (House Bill 2228)

Hey guys, wake up. We have to get ALL OVER THE LEGISLATORS IMMEDIATELY about this. The b*stards in this State are worse than Schumer and Feinstein.
I haven't read it all in detail, but pay particular attention to Section
302, Duty of owner to dispose of ammunition It would effectively outlaw
all existing ammunition. Also Section 501, Imposition of tax. It starts out at 5 cents per round, but what would stop them from making it $500.00 per round. You notice we haven't heard a thing about this and it is dated 5 Feb. The sneaky b*stards tried to sneak it through before anyone found out!!




PRINTER'S NO. 3188

________________________________________

THE GENERAL ASSEMBLY OF PENNSYLVANIA

________________________________________

HOUSE BILL No. 2228 Session of 2008

________________________________________

INTRODUCED BY MYERS, M. O'BRIEN, McGEEHAN, THOMAS, PARKER,

JOSEPHS, FRANKEL, KENNEY, YOUNGBLOOD, W. KELLER, MELIO,

WATERS, WILLIAMS, WHEATLEY, KIRKLAND, JAMES, BLACKWELL, CRUZ,

ROEBUCK AND OLIVER, FEBRUARY 5, 2008

________________________________________

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 5, 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

11 PRELIMINARY PROVISIONS

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

16 ENCODED AMMUNITION

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

24 ENCODED AMMUNITION TAX

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

21 MISCELLANEOUS PROVISIONS

22 Section 701. Effective date.

23 This act shall take effect in 60 days.

L20L18DMS/20080H2228B3188 - 6 -

[ChamberedRound]

This is being discussed here:
http://www.pafoa.org/forum/pennsylva...mmunition.html