Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3082 Compare Versions

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22 HOUSE DOCKET, NO. 3985 FILED ON: 1/17/2025
33 HOUSE . . . . . . . . . . . . . . . No. 3082
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Mindy Domb
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act establishing an excise tax on guns and ammunition.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Mindy Domb3rd Hampshire1/17/2025 1 of 3
1616 HOUSE DOCKET, NO. 3985 FILED ON: 1/17/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 3082
1818 By Representative Domb of Amherst, a petition (accompanied by bill, House, No. 3082) of
1919 Mindy Domb for legislation to establish an excise tax on guns and ammunition. Revenue.
2020 The Commonwealth of Massachusetts
2121 _______________
2222 In the One Hundred and Ninety-Fourth General Court
2323 (2025-2026)
2424 _______________
2525 An Act establishing an excise tax on guns and ammunition.
2626 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2727 of the same, as follows:
2828 1 SECTION 1. Chapter 29 of the General Laws is hereby amended by inserting after
2929 2section 2HHHHH, as inserted by section 4 of chapter 142 of the acts of 2019, the following
3030 3section:-
3131 4 2IIIII. There is hereby established and set up on the books of the commonwealth a
3232 5separate fund to be known as the Public Health and Safety Fund to be administered and
3333 6expended by the secretary of health and human services, in consultation with the secretary of
3434 7public safety and security, for community-based public health interventions and research to
3535 8prevent gun violence; and services for gun violence survivors and victims’ family members.
3636 9There shall be credited to the fund the money received from excises collected pursuant to
3737 10sections 120 and 122B of chapter 140. Amounts credited to the fund shall not be subject to
3838 11further appropriation and money remaining in the fund at the close of a fiscal year shall not
3939 12revert to the General Fund and shall be available for expenditure in subsequent fiscal years. 2 of 3
4040 13 SECTION 2. Section 122 of chapter 140 of the General Laws, as so appearing, is hereby
4141 14amended by adding the following 2 paragraphs:-
4242 15 In addition to any other fee or excise provided for under state or federal law, every person
4343 16licensed to sell or supply firearms pursuant to this section shall pay to the commissioner of
4444 17revenue an excise equal to 4.75 per cent of the wholesale value of such firearm sold or supplied.
4545 18 All revenues received from this excise, together with any penalties, forfeitures, interest,
4646 19costs of suits and fines collected by the commissioner in connection therewith, less all amounts
4747 20refunded or abated in connection therewith, all as determined by the commissioner of revenue
4848 21according to the commissioner’s best information and belief, shall be credited to the Public
4949 22Health and Safety Fund established pursuant to 2IIIII of chapter 29.
5050 23 SECTION 3. Section 122B of said chapter 140, as so appearing, is hereby amended by
5151 24adding the following 2 paragraphs:-
5252 25 In addition to any other fee or excise provided for under state or federal law, every person
5353 26licensed to sell or supply ammunition pursuant to this section shall pay to the commissioner of
5454 27revenue an excise equal to 4.75 per cent of the wholesale value of a single round of each such
5555 28round of ammunition sold or supplied.
5656 29 All revenues received from this excise, together with any penalties, forfeitures, interest,
5757 30costs of suits and fines collected by the commissioner in connection therewith, less all amounts
5858 31refunded or abated in connection therewith, all as determined by the commissioner of revenue
5959 32according to the commissioner’s best information and belief, shall be credited to the Public
6060 33Health and Safety Fund established pursuant to 2IIIII of chapter 29. 3 of 3
6161 34 SECTION 4. Said chapter 140, as so appearing is hereby amended by inserting after
6262 35section 122B the following section:-
6363 36 Section 122B½. Every licensee under sections 122 and 122B shall, on or before the
6464 37twentieth day of each calendar month file with the commissioner of revenue a return for each
6565 38place of business maintained stating the quantity of firearms and ammunition sold by such
6666 39licensee in the commonwealth during the preceding calendar month. Such return shall contain or
6767 40be accompanied by such further information as the commissioner shall require. If licensee ceases
6868 41to sell firearms or ammunition within the commonwealth the licensee shall immediately file with
6969 42commissioner return for the period ending with such cessation.
7070 43 If a person fails to file the return required by this subsection the person shall be liable for
7171 44a penalty of $1,000 for each failure. The penalty shall be considered assessed upon the issuance
7272 45by the commissioner of a notice to the taxpayer setting out the amount of the penalty the period
7373 46for which the information return was due. No other notice or demand for payment shall be
7474 47required as a prerequisite to the imposition or collection of a penalty imposed under this
7575 48subsection, and the penalty shall be collected in the same manner as a tax.
7676 49 SECTION 5. The commissioner of revenue shall promulgate regulations necessary for
7777 50the implementation of this act.