Senate Bill 2286

AN ACT RELATING TO FIREARMS AND AMMUNITION REQUIRING THE DEPARTMENT OF PUBLIC SAFETY TO ESTABLISH A STATEWIDE DATABASE TO TRACK CODED AMMUNITION MANUFACTURED AND SOLD FOR HANDGUNS AND ASSAULT RIFLES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) For purposes of this section, "coded ammunition" means a bullet carrying a unique identifier that has been applied by etching onto the base of the bullet projectile.

(2) (a) All handgun and assault weapon ammunition manufactured or sold in the state after July 1, 2008, shall be coded by the manufacturer.

(b) No later than January 1, 2010, all noncoded ammunition, whether owned by private citizens or retail outlets, must be disposed.

(3) (a) The Department of Public Safety shall be responsible for establishing and maintaining an Ammunition Coding System Database (ACSD) containing the following information:

(i) Register with the Department of Public Safety in a manner prescribed by the department through rule; and maintain records on the business premises for a period of seven (7) years concerning all sales, loans and transfers of ammunition, to, from, or within the state.

(ii) Register with the Department of Public Safety in a manner prescribed by the department through rule; and record the following information in a format prescribed by the Department of Public Safety:

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 or bullets transferred.

6. All other information prescribed by the Department of Public Safety.

Vendors shall also maintain records on the business premises for a period of three (3) years from the date of the recorded purchase.

(b) To the greatest extent possible or practical, the ACSD shall be built within the framework of existing firearms databases. The ACSD shall be operational no later than July 1, 2008.

(c) 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.

(4) (a) Any vendor that willfully fails to comply with, or falsifies the records required to be kept by this section, is guilty of a public offense punishable by imprisonment not to exceed one (1) year and a fine of One Thousand Dollars ($1,000.00).

(b) Any manufacturer that fails to comply with the provisions of this section shall be liable for a civil fine of not more than One Thousand Dollars ($1,000.00) for a first violation, not more than Five Thousand Dollars ($5,000.00) for a second violation, and not more than Ten Thousand Dollars ($10,000.00) for a third or subsequent violation.

(c) 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 (1) year and a fine of One Thousand Dollars ($1,000.00).

(5) (a) Establishing and maintaining the ACSD shall be funded by an end-user fee established by the Commissioner of Public Safety.

(b) There is hereby established the Coded Ammunition Fund for deposit of the end-user fees described in this section. Monies in the fund, upon appropriation, shall be available to the Department of Public Safety for infrastructure, implementation, operational, enforcement and future development costs of this section.

(c) 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 July 1, 2009.

SECTION 2. This act shall take effect and be in force from and after July 1, 2008.