Relates to the sale of ammunition to minors; repealer

1 Co-sponsor

• Rich Funke

BILL NUMBER:S4226 Revised 04/09/15

Title of bill

An act to amend the penal law, in relation to sale of ammunition; and to repeal certain provisions of such law relating thereto

Purpose

To repeal those provisions in the SAFE Act requiring the registration of sellers of ammunition, as well as, the registration and recordkeeping of each sale of ammunition.

Summary of provisions

Section 1 repeals Section 400.03 of the penal law thus eliminating the registration of ammunition retailers and the registration and record keeping for each sale of ammunition.

Section 2 repeals subdivision 24 of section 265.00 of the penal law, thereby removing the definition of Seller of Ammunition.

Section 3 amends subdivision 1 of section 400.10 of the penal law to remove and relieve sellers of ammunition from having to report the facts and circumstances of the loss or theft of ammunition to police or sheriff's departments within 24 hours.

Section 4 amends penal law to add a new section 400.03 which requires a valid driver's license, or non-driver's identification card or passport or identification card issued by the armed forces of the United States to indicate the age of the individual purchasing ammunition is at least eighteen years of age.

Sections 5 and 6 amend subdivision 3 of section 260.21 of the penal law and adds a new subdivision 4 of 260.21 of the penal law to add the sale of ammunition to a child less than eighteen years old is the crime of unlawfully dealing with a child in the second degree.

Section 7 states the effective date

Existing law

Section 400.03 of the penal law, implemented as part of the SAFE Act, requires sellers of ammunition to be registered with the Superintendent of the State Police. It further requires sellers of ammunition to perform a background check on each and every buyer through a State-created database to determine whether such sale can be made. The seller must also register on the database the quantity and type of ammunition being purchased and in addition, keep a record book on the premises with the same information which may be inspected by any peace officer or police officer acting pursuant to their duties.

Justification

This bill repeals 400.03 since its actual implementation is not feasible. At the New York State Legislative 2015 Joint Budget Hearing on Public Protection on February 26, 2015, the Superintendent of the

New York State Police reported that the State has registered all dealers selling ammunition in New York, however, the creation of a point-of purchase background check is something they continue to work on and solutions are "notional". Additionally, this unnecessary mandate prohibits both in-state and out of state online purchases of ammunition. Repealing this section will permit this commercial activity to occur.

In removing this technologically insurmountable provision, it is replaced with a provision which requires the purchaser of ammunition to show valid identification that he or she is age eighteen or over. To further deter ammunition sales to those under eighteen, the sale of ammunition to minors is added to the penal law as a crime of "unlawfully dealing with a child in the second degree. This provision is a reasonable safeguard that will help ensure ammunition purchases are only made by individuals of legal age.

Legislative history

This is a new bill.

Fiscal implications

None

Effective date

This act shall take effect on the thirtieth day after it shall become law.