Tuesday, December 30, 2008

Ammunition Accountability Act

Well... they can't take our guns because they are Constitutionally protected, but they are useless without the non-protected ammunition.  Apparently, ammo, isn't protected by the Constitution.  Please start writing to legislators and Congressmen to get them to stop this invasive Act.  It's just one more freedom taken away.  This is the sample legislation from California that is also being considered by 18 other states, so far.

Ammunition Accountability Act
SAMPLE LEGISLATION

An ACT relating to firearms and ammunition; requiring [AGENCY] to establish a statewide
database to track coded ammunition manufactured and sold for handguns and assault rifles.

Section 1. Legislative Findings.
The State Legislature hereby finds the following:
Each year in the United States, more than 30% of all homicides that involve a gun go
unsolved.
Handgun ammunition accounts for 80% of all ammunition sold in the United States.
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.
Bullet coding is a new and effective way for law enforcement to quickly identify persons
of interest in gun crime investigations.

Section 2. Definitions.
For purposes of this chapter, “coded ammunition” means a bullet carrying a
unique identifier that has been applied by etching onto the base of the bullet projectile.

Section 3. Prohibition on possession or sale of non-coded ammunition.
1. All handgun and assault weapon ammunition manufactured or sold in the state after
January 1, 2009, shall be coded by the manufacturer.
a. The calibers covered by the coding requirement shall include: [LIST
CALIBERS].
2. No later than January 1, 2011, all non-coded ammunition for the calibers listed in this
chapter, whether owned by private citizens or retail outlets, must be disposed.

Section 4. Authority to establish an Ammunition Coding Database.
1. [AGENCY] shall be responsible for establishing and maintaining an Ammunition Coding
Database (ACD) containing the following information:
a. Manufacturer registry – Manufacturers shall:
i. Register with [AGENCY] in a manner prescribed by the department
through rule; and
ii. Maintain records on the business premises for a period of seven
years concerning all sales, loans, and transfers of ammunition, to,
from, or within the state.
b. Vendor registry – Vendors shall
i. Register with [AGENCY] in a manner prescribed by the department
through rule; and
ii. Record the following information in a format prescribed by the
[AGENCY]:
a. The date of the transaction.
b. The name of the transferee.
c. The purchaser’s driver’s license number or other
government issued identification card number
d. The date of birth of the purchaser.
e. The unique identifier of all handgun ammunition or
bullets transferred.
f. All other information prescribed by [AGENCY].
iii. Maintain records on the business premises for a period of three
years from the date of the recorded purchase.
2. To the greatest extent possible or practical, the ACD shall be built within the framework
of existing firearms databases. The ACD shall be operational no later than January 1,
2009.
3. Privacy of individuals is of the utmost importance. Access to information in the ACSD is
reserved for key law enforcement personnel and to be released only in connection with a
criminal investigation.

NEW SECTION: Section 5. Penalties
1. Any vendor that willfully fails to comply with, or falsifies the records required to be kept
by this bill is guilty of a public offense punishable by imprisonment not to exceed one
year, and a fine of $1,000.
2. Any manufacturer that fails to comply with the provisions of this section shall be liable for
a civil fine of not more than one $1,000 for a first violation, not more than five $5,000 for
a second violation, and not more $10,000 for a third and subsequent violation.
3. Any person who willfully destroys, obliterates, or otherwise renders unreadable, the
serialization required pursuant to this bill, on any bullet or assembled ammunition is
punishable by imprisonment not to exceed one year, and a fine of $1,000.

NEW SECTION: Section 6. Funding.
1. Establishing and maintaining the ACD shall be funded by an end-user fee not to
exceed [COST NUMBER, ESTIMATED AT $0.005 PER BULLET OR ROUND
OF AMMUNITION].
2. There is hereby established the Coded Ammunition Fund for deposit of the end-
user fees described in this section. Moneys in the fund, upon appropriation, shall
be available to the [AGENCY] for infrastructure, implementation, operational,
enforcement, and future development costs of this chapter.
3. Ammunition manufacturers based within this state may submit a one-time tax
credit application for cost of purchasing ammunition coding equipment. All
applications must be submitted by January 1, 2009.


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NOTE: To view a more detailed version of Ammunition Coding Database legislation that was proposed in other
states, visit www.ammunitionaccountability.org. Gordon Thomas Honeywell Governmental Affairs can also
provide drafting guidance. Contact Briahna Taylor at (253) 620-6640 or btaylor@gth-gov.com

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