Post by TONY Q.C.I.S. on Apr 28, 2008 19:03:04 GMT -6
SB541
By Senator Smitherman
RFD Judiciary
Rd 1 25-MAR-08
SYNOPSIS: Under existing law, there is no requirement that ammunition manufactured or sold in this state be coded.
This bill would require, commencing January 1, 2009, that handgun ammunition be coded. This bill would require by January 1, 2011, the disposal of all non-coded ammunition owned by private citizens or retail outlets.
This bill would require the Department of Public Safety to establish and maintain an ammunition coding database. This bill would require ammunition vendors and manufacturers to register with the Department of Public Safety.
This bill would require certain information in connection with handgun ammunition transactions be recorded, transmitted to the Department of Public Safety, and maintained by the vendor and manufacturer.
This bill would provide for a fee not to exceed 0.005 cent per bullet or round of ammunition to establish and maintain the ammunition code database.
This bill would provide penalties for violations.
Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.
The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.
A BILL
TO BE ENTITLED
AN ACT
Relating to firearms and ammunition; to require handgun ammunition to be coded; to require, under certain conditions, the disposal of all non-coded ammunition owned by private citizens or retail outlets; to require the Department of Public Safety to establish a statewide database to track coded ammunition manufactured and sold for handguns; to require ammunition vendors and manufacturers to register with and provide information to the Department of Public Safety; to provide for a fee to establish and maintain an ammunition coding database; to establish the Code Ammunition Fund in the State Treasury; to provide for civil and criminal penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The Legislature of Alabama finds all of the following:
(1) Each year in the United States, more than 30 percent of all homicides that involve a gun go unsolved.
(2) Handgun ammunition accounts for 80 percent of all ammunition sold in the United States.
(3) Current technology for matching a bullet used in a crime to the gun that fired it has worked moderately well for years, but presupposes that the weapon was recovered by law enforcement.
(4) Bullet coding is a new and effective way for law enforcement to quickly identify persons of interest in gun crime investigations.
Section 2. As used in this act, the following words shall have the following meanings:
(1) CODED AMMUNITION. A bullet carrying a unique identifier that has been applied by etching onto the base of the bullet projectile.
(2) HANDGUN. Any firearm with a barrel less than 16 inches in length, or is designed to be held and fired by the use of a single hand.
(3) HANDGUN AMMUNITION. All ammunition principally for use in pistols, notwithstanding that the ammunition may also be used in other firearms, including bullets used for reloading or handloading pistol ammunition.
Section 3. (a) All handgun ammunition manufactured or sold in the state after January 1, 2009, shall be coded by the manufacturer.
(b) No later than January 1, 2011, all non-coded ammunition used in a handgun, whether owned by private citizens or retail outlets, shall be disposed of.
Section 4. (a) The Department of Public Safety shall be responsible for establishing and maintaining an Ammunition Coding Database (ACD) containing the names of manufacturers and vendors and the data the manufacturers and vendors are required to record pursuant to subsections (b) and (c).
(b) Manufacturers of handgun ammunition offered for sale in this state shall register with the department in a manner prescribed by the department through rule. Manufacturers shall maintain records specifying the unique identifier for all coded ammunition for all sales, loans, and transfers of ammunition, to, from, or within the state, shall transmit the information to the department within 10 business days, and shall retain the information on the business premises for seven years.
(c) Vendors of handgun ammunition in this state shall register with the department in a manner prescribed by the department through rule. Vendors shall record the following information for each caliber of coded ammunition in a form prescribed by the department:
(1) The date of the transaction.
(2) The name of the transferee.
(3) The purchaser's driver's license number or other government issued identification card number.
(4) The date of birth of the purchaser.
(5) The unique identifier of all handgun ammunition transferred.
(6) All other information prescribed by the department.
(d) A vendor of handgun information in this state shall maintain the records required by subsection (b) on the business premises for a period of three years from the date of the recorded purchase and shall remit the information on each transaction collected pursuant to this subsection to the department within 10 business days.
(e) The ACD shall be built within the framework of existing firearms databases. The ACD shall be operational no later than January 1, 2009.
(f) Privacy of individuals shall be of the utmost importance. Access to information in the ACD shall be reserved for key law enforcement personnel and shall be released only in connection with a criminal investigation.
Section 5. (a) Any vendor that willfully fails to comply with, or falsifies the records required to be kept by this act shall be guilty of a Class B misdemeanor.
(b) Any manufacturer that fails to comply with this section shall be liable for a civil fine of not more than one thousand dollars ($1,000) for a first violation, not more than five thousand dollars ($5,000) for a second violation, and not more than ten thousand dollars ($10,000) for a third or subsequent violation.
(c) Any person who willfully destroys, obliterates, or otherwise renders unreadable, the serialization required pursuant to this act, on any bullet or assembled ammunition is punishable by imprisonment not to exceed one year, and a fine of one thousand dollars ($1,000).
Section 6. (a) Establishing and maintaining the ACD shall be funded by an end-user fee not to exceed five thousandths cent (0.005) per bullet or round of ammunition.
(b) There is hereby established in the State Treasury the Coded Ammunition Fund for deposit of the end-user fees pursuant to subsection (a). Moneys in the fund, upon appropriation, shall be available to the department for infrastructure, implementation, operational, enforcement, and future development costs of this act.
(c) Ammunition manufacturers based within this state shall be allowed a one-time corporate income tax credit for the cost of purchasing ammunition coding equipment. All applications on the credit shall be submitted to the Department of Revenue by January 1, 2009. The State Department of Revenue shall adopt rules to provide for the one-time tax credit pursuant to the Administrative Procedure Act.
Section 7. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
By Senator Smitherman
RFD Judiciary
Rd 1 25-MAR-08
SYNOPSIS: Under existing law, there is no requirement that ammunition manufactured or sold in this state be coded.
This bill would require, commencing January 1, 2009, that handgun ammunition be coded. This bill would require by January 1, 2011, the disposal of all non-coded ammunition owned by private citizens or retail outlets.
This bill would require the Department of Public Safety to establish and maintain an ammunition coding database. This bill would require ammunition vendors and manufacturers to register with the Department of Public Safety.
This bill would require certain information in connection with handgun ammunition transactions be recorded, transmitted to the Department of Public Safety, and maintained by the vendor and manufacturer.
This bill would provide for a fee not to exceed 0.005 cent per bullet or round of ammunition to establish and maintain the ammunition code database.
This bill would provide penalties for violations.
Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.
The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.
A BILL
TO BE ENTITLED
AN ACT
Relating to firearms and ammunition; to require handgun ammunition to be coded; to require, under certain conditions, the disposal of all non-coded ammunition owned by private citizens or retail outlets; to require the Department of Public Safety to establish a statewide database to track coded ammunition manufactured and sold for handguns; to require ammunition vendors and manufacturers to register with and provide information to the Department of Public Safety; to provide for a fee to establish and maintain an ammunition coding database; to establish the Code Ammunition Fund in the State Treasury; to provide for civil and criminal penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The Legislature of Alabama finds all of the following:
(1) Each year in the United States, more than 30 percent of all homicides that involve a gun go unsolved.
(2) Handgun ammunition accounts for 80 percent of all ammunition sold in the United States.
(3) Current technology for matching a bullet used in a crime to the gun that fired it has worked moderately well for years, but presupposes that the weapon was recovered by law enforcement.
(4) Bullet coding is a new and effective way for law enforcement to quickly identify persons of interest in gun crime investigations.
Section 2. As used in this act, the following words shall have the following meanings:
(1) CODED AMMUNITION. A bullet carrying a unique identifier that has been applied by etching onto the base of the bullet projectile.
(2) HANDGUN. Any firearm with a barrel less than 16 inches in length, or is designed to be held and fired by the use of a single hand.
(3) HANDGUN AMMUNITION. All ammunition principally for use in pistols, notwithstanding that the ammunition may also be used in other firearms, including bullets used for reloading or handloading pistol ammunition.
Section 3. (a) All handgun ammunition manufactured or sold in the state after January 1, 2009, shall be coded by the manufacturer.
(b) No later than January 1, 2011, all non-coded ammunition used in a handgun, whether owned by private citizens or retail outlets, shall be disposed of.
Section 4. (a) The Department of Public Safety shall be responsible for establishing and maintaining an Ammunition Coding Database (ACD) containing the names of manufacturers and vendors and the data the manufacturers and vendors are required to record pursuant to subsections (b) and (c).
(b) Manufacturers of handgun ammunition offered for sale in this state shall register with the department in a manner prescribed by the department through rule. Manufacturers shall maintain records specifying the unique identifier for all coded ammunition for all sales, loans, and transfers of ammunition, to, from, or within the state, shall transmit the information to the department within 10 business days, and shall retain the information on the business premises for seven years.
(c) Vendors of handgun ammunition in this state shall register with the department in a manner prescribed by the department through rule. Vendors shall record the following information for each caliber of coded ammunition in a form prescribed by the department:
(1) The date of the transaction.
(2) The name of the transferee.
(3) The purchaser's driver's license number or other government issued identification card number.
(4) The date of birth of the purchaser.
(5) The unique identifier of all handgun ammunition transferred.
(6) All other information prescribed by the department.
(d) A vendor of handgun information in this state shall maintain the records required by subsection (b) on the business premises for a period of three years from the date of the recorded purchase and shall remit the information on each transaction collected pursuant to this subsection to the department within 10 business days.
(e) The ACD shall be built within the framework of existing firearms databases. The ACD shall be operational no later than January 1, 2009.
(f) Privacy of individuals shall be of the utmost importance. Access to information in the ACD shall be reserved for key law enforcement personnel and shall be released only in connection with a criminal investigation.
Section 5. (a) Any vendor that willfully fails to comply with, or falsifies the records required to be kept by this act shall be guilty of a Class B misdemeanor.
(b) Any manufacturer that fails to comply with this section shall be liable for a civil fine of not more than one thousand dollars ($1,000) for a first violation, not more than five thousand dollars ($5,000) for a second violation, and not more than ten thousand dollars ($10,000) for a third or subsequent violation.
(c) Any person who willfully destroys, obliterates, or otherwise renders unreadable, the serialization required pursuant to this act, on any bullet or assembled ammunition is punishable by imprisonment not to exceed one year, and a fine of one thousand dollars ($1,000).
Section 6. (a) Establishing and maintaining the ACD shall be funded by an end-user fee not to exceed five thousandths cent (0.005) per bullet or round of ammunition.
(b) There is hereby established in the State Treasury the Coded Ammunition Fund for deposit of the end-user fees pursuant to subsection (a). Moneys in the fund, upon appropriation, shall be available to the department for infrastructure, implementation, operational, enforcement, and future development costs of this act.
(c) Ammunition manufacturers based within this state shall be allowed a one-time corporate income tax credit for the cost of purchasing ammunition coding equipment. All applications on the credit shall be submitted to the Department of Revenue by January 1, 2009. The State Department of Revenue shall adopt rules to provide for the one-time tax credit pursuant to the Administrative Procedure Act.
Section 7. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
