PRINTER'S NO. 2026
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1786
Session of
2021
INTRODUCED BY KINSEY, GUZMAN, SANCHEZ, ZIMMERMAN AND HOHENSTEIN,
AUGUST 12, 2021
REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 12, 2021
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, providing for encoded ammunition, imposing duties
on manufacturers, sellers and owners of ammunition, providing
for the powers and duties of the Commissioner of
Pennsylvania State Police and the Secretary of Revenue,
establishing the encoded ammunition database and the Encoded
Ammunition Database Fund, imposing an encoded ammunition
database tax and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 6129. Encoded ammunition.
(a) Duty of manufacturers to encode ammunition.--A
manufacturer shall encode ammunition provided for retail sale
for regulated firearms in a manner that the commissioner
establishes, so that:
(1) The base of the bullet and the inside of the
cartridge casings of each round in a box of ammunition are
encoded with the same serial number.
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(2) Each serial number is encoded in such a manner that
it is highly likely to permit identification after ammunition
discharge and bullet impact.
(3) The outside of each box of ammunition is labeled
with the name of the manufacturer and the same serial number
used on the cartridge casings and bases of bullets contained
in the box.
(b) Labeling per box.--Ammunition contained in one
ammunition box may not be labeled with the same serial number as
the ammunition contained in any other ammunition box from the
same manufacturer.
(c) Duty of owner to dispose of ammunition.--On or before
January 1, 2022, an owner of ammunition for use in a regulated
firearm that is not encoded by the manufacturer in accordance
with subsection (a) shall dispose of the ammunition.
(d) Duty of commissioner to maintain information.--One year
after the effective date of this section, the commissioner shall
establish and maintain an encoded ammunition database.
(e) Duty of manufacturers to provide information.--A
manufacturer that does business in this Commonwealth shall
provide the commissioner with the following information for
inclusion in the database under subsection (d):
(1) The name and address of the manufacturer.
(2) The serial numbers of the ammunition offered for
sale for regulated firearms in this Commonwealth.
(3) Other information that the commissioner considers
necessary.
(f) Duty of seller to provide information.--A seller shall
provide the commissioner with the following information for
inclusion in the database:
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(1) The date of each ammunition purchase.
(2) The name and date of birth of each purchaser of
ammunition.
(3) The driver's license number of the purchaser or
other number issued to the purchaser by the Federal
Government or the Commonwealth.
(4) The serial numbers of all ammunition for regulated
firearms bought by the purchaser.
(5) Any other information that the commissioner
considers necessary.
(g) Seller recordkeeping requirement.--A seller shall
maintain copies of all records submitted to the commissioner
under this section for at least three years after the date of
sale.
(h) Funding for database.--The encoded ammunition database
shall be funded by the encoded ammunition database tax.
(i) Penalties.--The following shall apply:
(1) A seller that violates this section commits a
misdemeanor of the third degree.
(2) A person who willfully destroys or otherwise renders
unreadable the information encoded on ammunition required
under this section commits a misdemeanor of the third degree.
(3) A manufacturer that violates this section is subject
to a civil fine to be imposed by the commissioner not to
exceed:
(i) One thousand dollars for a first violation.
(ii) Two thousand dollars for a second violation.
(iii) Three thousand dollars for a third or
subsequent violation.
(j) Imposition of tax.--Except as otherwise provided under
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this section and subject to the provisions of this section, in
addition to any other tax imposed under the law, a tax of five
cents per round of ammunition is imposed on the sale at retail
or use of encoded ammunition in this Commonwealth. The tax
imposed under this section shall not apply to a sale of encoded
ammunition to a police force or other agency of the United
States, this Commonwealth or a political subdivision of any
state. A person who timely files a tax return is allowed, for
the expense of collecting and paying the tax, a credit equal to
0.5% of the gross amount of the tax under this section.
(k) Presumption and burden of proof.--A rebuttable
presumption exists that a sale of encoded ammunition in this
Commonwealth is subject to the tax.
(l) Person who has burden of proof.--The person required to
pay the tax has the burden of proving that the sale of encoded
ammunition in this Commonwealth is not subject to the tax.
(m) Duties of Secretary of Revenue.--The Secretary of
Revenue shall collect the tax in the same manner as the tax
imposed under Article III of the act of March 4, 1971 (P.L.6,
No.2), known as the Tax Reform Code of 1971, and shall deposit
the tax into the fund established under subsection (n).
(n) Encoded Ammunition Database Fund.--The Encoded
Ammunition Database Fund is established in the State Treasury.
The money in the fund shall be used only to pay for the expense
of implementing and administering the database.
(o) Duty of purchaser.--A purchaser who fails to pay to the
seller on a purchase or use subject to the tax as required under
this section shall complete and file with the Secretary of
Revenue an encoded ammunition database tax return on or before
the 21st day of the month that follows the month in which the
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purchaser makes that purchase or use. A return filed by a
purchaser under this subsection shall state separately, for
encoded ammunition, for the period the return covers, the number
of rounds of the encoded ammunition subject to the tax and the
tax due.
(p) Duty of seller.--Each seller shall complete and file
with the Secretary of Revenue an ammunition database tax return
on or before the 21st day of the month that follows the month in
which the seller makes a retail sale for use of encoded
ammunition. A return filed by a seller under this subsection
shall state separately, for encoded ammunition, for the period
the return covers, the number of rounds of the encoded
ammunition sold by the seller and the tax due.
(q) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Commissioner." The Commissioner of Pennsylvania State
Police.
"Encoded ammunition." Ammunition that is encoded by a
manufacturer under subsection (a).
"Encoded ammunition database" or "database." The encoded
ammunition database established under subsection (d).
"Encoded ammunition database tax" or "tax." The encoded
ammunition database tax established under subsection (j).
"Manufacturer." A person who possesses a Federal license to
engage in the business of manufacturing ammunition for sale or
distribution.
"Regulated firearm." A firearm as defined in section 6102
(relating to definitions).
"Seller." A seller of encoded ammunition in this
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Commonwealth.
Section 2. This act shall take effect in 60 days.
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