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2 | 2 | | HOUSE DOCKET, NO. 3985 FILED ON: 1/17/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3082 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Mindy Domb |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act establishing an excise tax on guns and ammunition. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Mindy Domb3rd Hampshire1/17/2025 1 of 3 |
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16 | 16 | | HOUSE DOCKET, NO. 3985 FILED ON: 1/17/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3082 |
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18 | 18 | | By Representative Domb of Amherst, a petition (accompanied by bill, House, No. 3082) of |
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19 | 19 | | Mindy Domb for legislation to establish an excise tax on guns and ammunition. Revenue. |
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20 | 20 | | The Commonwealth of Massachusetts |
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21 | 21 | | _______________ |
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22 | 22 | | In the One Hundred and Ninety-Fourth General Court |
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23 | 23 | | (2025-2026) |
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24 | 24 | | _______________ |
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25 | 25 | | An Act establishing an excise tax on guns and ammunition. |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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27 | 27 | | of the same, as follows: |
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28 | 28 | | 1 SECTION 1. Chapter 29 of the General Laws is hereby amended by inserting after |
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29 | 29 | | 2section 2HHHHH, as inserted by section 4 of chapter 142 of the acts of 2019, the following |
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30 | 30 | | 3section:- |
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31 | 31 | | 4 2IIIII. There is hereby established and set up on the books of the commonwealth a |
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32 | 32 | | 5separate fund to be known as the Public Health and Safety Fund to be administered and |
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33 | 33 | | 6expended by the secretary of health and human services, in consultation with the secretary of |
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34 | 34 | | 7public safety and security, for community-based public health interventions and research to |
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35 | 35 | | 8prevent gun violence; and services for gun violence survivors and victims’ family members. |
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36 | 36 | | 9There shall be credited to the fund the money received from excises collected pursuant to |
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37 | 37 | | 10sections 120 and 122B of chapter 140. Amounts credited to the fund shall not be subject to |
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38 | 38 | | 11further appropriation and money remaining in the fund at the close of a fiscal year shall not |
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39 | 39 | | 12revert to the General Fund and shall be available for expenditure in subsequent fiscal years. 2 of 3 |
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40 | 40 | | 13 SECTION 2. Section 122 of chapter 140 of the General Laws, as so appearing, is hereby |
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41 | 41 | | 14amended by adding the following 2 paragraphs:- |
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42 | 42 | | 15 In addition to any other fee or excise provided for under state or federal law, every person |
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43 | 43 | | 16licensed to sell or supply firearms pursuant to this section shall pay to the commissioner of |
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44 | 44 | | 17revenue an excise equal to 4.75 per cent of the wholesale value of such firearm sold or supplied. |
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45 | 45 | | 18 All revenues received from this excise, together with any penalties, forfeitures, interest, |
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46 | 46 | | 19costs of suits and fines collected by the commissioner in connection therewith, less all amounts |
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47 | 47 | | 20refunded or abated in connection therewith, all as determined by the commissioner of revenue |
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48 | 48 | | 21according to the commissioner’s best information and belief, shall be credited to the Public |
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49 | 49 | | 22Health and Safety Fund established pursuant to 2IIIII of chapter 29. |
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50 | 50 | | 23 SECTION 3. Section 122B of said chapter 140, as so appearing, is hereby amended by |
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51 | 51 | | 24adding the following 2 paragraphs:- |
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52 | 52 | | 25 In addition to any other fee or excise provided for under state or federal law, every person |
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53 | 53 | | 26licensed to sell or supply ammunition pursuant to this section shall pay to the commissioner of |
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54 | 54 | | 27revenue an excise equal to 4.75 per cent of the wholesale value of a single round of each such |
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55 | 55 | | 28round of ammunition sold or supplied. |
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56 | 56 | | 29 All revenues received from this excise, together with any penalties, forfeitures, interest, |
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57 | 57 | | 30costs of suits and fines collected by the commissioner in connection therewith, less all amounts |
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58 | 58 | | 31refunded or abated in connection therewith, all as determined by the commissioner of revenue |
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59 | 59 | | 32according to the commissioner’s best information and belief, shall be credited to the Public |
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60 | 60 | | 33Health and Safety Fund established pursuant to 2IIIII of chapter 29. 3 of 3 |
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61 | 61 | | 34 SECTION 4. Said chapter 140, as so appearing is hereby amended by inserting after |
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62 | 62 | | 35section 122B the following section:- |
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63 | 63 | | 36 Section 122B½. Every licensee under sections 122 and 122B shall, on or before the |
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64 | 64 | | 37twentieth day of each calendar month file with the commissioner of revenue a return for each |
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65 | 65 | | 38place of business maintained stating the quantity of firearms and ammunition sold by such |
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66 | 66 | | 39licensee in the commonwealth during the preceding calendar month. Such return shall contain or |
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67 | 67 | | 40be accompanied by such further information as the commissioner shall require. If licensee ceases |
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68 | 68 | | 41to sell firearms or ammunition within the commonwealth the licensee shall immediately file with |
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69 | 69 | | 42commissioner return for the period ending with such cessation. |
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70 | 70 | | 43 If a person fails to file the return required by this subsection the person shall be liable for |
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71 | 71 | | 44a penalty of $1,000 for each failure. The penalty shall be considered assessed upon the issuance |
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72 | 72 | | 45by the commissioner of a notice to the taxpayer setting out the amount of the penalty the period |
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73 | 73 | | 46for which the information return was due. No other notice or demand for payment shall be |
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74 | 74 | | 47required as a prerequisite to the imposition or collection of a penalty imposed under this |
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75 | 75 | | 48subsection, and the penalty shall be collected in the same manner as a tax. |
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76 | 76 | | 49 SECTION 5. The commissioner of revenue shall promulgate regulations necessary for |
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77 | 77 | | 50the implementation of this act. |
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