Bill Text: GA SB12 | 2009-2010 | Regular Session | Introduced

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Bill Title: Handgun ammunition; prohibit manufacture, sale that does not contain unique code; create ammunition coding system data base

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-01-12 - Senate Read and Referred [SB12 Detail]

Download: Georgia-2009-SB12-Introduced.html

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09 LC 36 1171

Senate Bill 12

By: Senator Ramsey, Sr. of the 43rd

A BILL TO BE ENTITLED
AN ACT

To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to prohibit the manufacture, sale, and possession in this state of handgun ammunition that does not contain a unique code; to provide for definitions; to provide for the creation of an ammunition coding system data base to be established by the Department of Public Safety; to require the registration of manufacturers and vendors; to require the obtaining and maintenance of certain information; to provide for penalties; to provide for exceptions; to provide for a fee to fund the operation and maintenance of the data base; to provide a tax credit for the purchase of ammunition coding equipment; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by adding a new part as follows:

"Part 6

16-11-190.

As used in this part, the term:

(1) 'Coded' means:

(A) The ammunition has been identified in a manner prescribed by the department so that all assembled ammunition contained within a package provided for retail sale, or as otherwise specified by the department, contains a unique identifier that has been applied by etching onto the base of the bullet; and

(B) Bullets used for reloading or handloading handgun ammunition contained within a package provided for retail sale, or as otherwise specified by the department, contain a unique identifier that has been applied by etching onto the base of the bullet.

(2) 'Department' means the Department of Public Safety.

(3) 'Handgun ammunition' means ammunition principally for use in pistols, revolvers, and other firearms capable of being concealed upon the person notwithstanding the fact that the ammunition may also be used in some rifles. The term shall include both assembled ammunition and bullets to be used to assemble handgun ammunition. The term shall not include blank cartridges, shot shells, or projectiles used in black powder handguns.

16-11-191.

(a) On and after January 1, 2010, all handgun ammunition manufactured in this state, sold or offered for sale in this state, imported into this state for sale or personal use, kept for sale in this state, or given, lent, or possessed in this state shall be coded by the manufacturer of the ammunition in accordance with the rules and regulations of the department.

(b) Not later than January 1, 2012, all noncoded handgun ammunition, whether owned by private citizens or commercial entities, shall be disposed of in accordance with the rules and regulations of the department.

16-11-192.

(a) Not later than January 1, 2010, the department shall establish and maintain an ammunition coding system data base.

(b) All manufacturers of handgun ammunition shall register with the department in a manner prescribed by the department by rule or regulation and shall maintain records on the business premises of the manufacturer for a period of seven years concerning all sales, loans, and transfers of handgun ammunition to, from, or within this state.

(c) All vendors of handgun ammunition in this state shall register with the department in a manner prescribed by the department by rule or regulation and shall record for each sale or transfer of handgun ammunition the following information which shall be maintained on the business premises of the vendor for a period of three years from the date of the sale or transfer:

(1) The date of the sale or transfer;

(2) The name of the person to whom the handgun ammunition was sold or transferred;

(3) The driver's license number or other government issued identification card number of the person to whom the handgun ammunition was sold or transferred;

(4) The date of birth of the person to whom the handgun ammunition was sold or transferred;

(5) The unique coded identifiers of all handgun ammunition and bullets transferred; and

(6) All such other information that the department may by rule or regulation require.

(d) The department shall provide by rule and regulation for the submission of the information required to be maintained pursuant to this Code section concerning all sales, loans, and transfers of handgun ammunition to, from, or within this state to the department for inclusion in the ammunition coding system data base.

(e) Records maintained by the department pursuant to this part shall not be subject to disclosure under the provisions of Article 4 of Chapter 18 of Title 50.

16-11-193.

(a) On and after January 1, 2010, any person who knowingly manufactures or causes to be manufactured, imports into this state for sale or personal use, keeps for sale or offers for sale, or sells, gives, or lends any handgun ammunition that is not coded pursuant to this part shall be guilty of a misdemeanor.

(b) On and after January 1, 2010, any person who knowingly possesses any handgun ammunition that is not coded pursuant to this part shall be guilty of a misdemeanor.

(c) On and after January 1, 2010, any person who willfully destroys, obliterates, or otherwise renders unreadable the code required pursuant to this part on any handgun ammunition shall be guilty of a misdemeanor.

(d) On and after January 1, 2010, any manufacturer or vendor of handgun ammunition who willfully fails to register with the department, fails to maintain or falsifies the records required by this part, or willfully destroys, damages, obliterates, mutilates, or otherwise renders unreadable the records required to be maintained by this part shall be guilty of a misdemeanor.

(e) On and after January 1, 2010, any person who willfully damages, obliterates, mutilates, or otherwise renders unreadable the codes required to be on handgun ammunition by this part shall be guilty of a misdemeanor. This shall not include the act of discharging handgun ammunition.

16-11-194.

This part shall not apply to:

(1) The possession for purposes of investigation or disposition of any noncoded handgun ammunition by a forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities;

(2) The possession for purposes of investigation, evidence, or disposition of any noncoded handgun ammunition by any state, county, city, or city and county agency charged with law enforcement or by any authorized agent or employee thereof within the course and scope of his or her official duties;

(3) The possession of noncoded ammunition for purposes of transporting it to a law enforcement agency for disposal if possession is otherwise lawful and if the law enforcement agency has been notified prior to delivery of the ammunition;

(4) The possession by peace officers from other states of noncoded handgun ammunition during the discharge of their official duties in this state; and

(5) The possession by members of the Georgia National Guard or the armed forces of the United States of noncoded handgun ammunition during the discharge of their official duties.

16-11-195.

(a) On and after January 1, 2010, there shall be established a fee imposed on each person who purchases handgun ammunition in this state of $0.005 per assembled round of handgun ammunition or bullet for handgun ammunition. Such fee shall be collected by the vendor at the time of the sale of the handgun ammunition and shall be remitted to the Department of Revenue on a monthly basis in accordance with procedures established by the Department of Revenue by rule and regulation. The Department of Revenue shall deposit such fees into the state treasury.

(b) As soon as practicable after the end of each fiscal year, but not more than six months after the close of the fiscal year, the Office of Treasury and Fiscal Services shall report the amount of funds received pursuant to this Code section to the Governor, the General Assembly, and the Office of Planning and Budget. It is the intention of the General Assembly that an amount equal to such proceeds received from such fees in any fiscal year shall be appropriated during the following fiscal year to the department. These funds shall be used exclusively for the purpose of funding the operation and maintenance of the ammunition coding system data base and compliance by manufacturers and vendors with the provisions of this part.

16-11-196.

Manufacturers of handgun ammunition based in this state shall be allowed a state income tax credit against the tax imposed by Chapter 8 of Title 48 for the cost of purchasing ammunition coding equipment to comply with the provisions of this part. In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed to be carried forward to apply to the taxpayer's next three succeeding years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability. The credit provided pursuant to this Code section shall be only available to a manufacturer for the first purchase of ammunition coding equipment and shall not be available for subsequent purchases, replacements, repairs, or additions to such equipment. The commissioner of revenue is authorized to promulgate any rules and regulations necessary to implement and administer this Code section.

16-11-197.

The department is authorized to promulgate any rules and regulations necessary to implement and administer this part."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.