What's happening
This bill prohibits the sale of ammunition to minors under 18 and sets identification requirements for ammunition purchases in New York.
Why it matters
Establishes strict age verification for ammunition purchases. The bill requires sellers to check government-issued photo identification to confirm buyers are at least 18, ensuring that minors cannot legally obtain ammunition and making enforcement easier.
Removes and consolidates previous ammunition sale laws. By repealing and amending existing sections, the bill aims to streamline legal requirements and reduce confusion for sellers and law enforcement regarding compliance.
Aligns ammunition sales with tobacco sales regarding minors. The bill uses similar language to long-standing tobacco laws, making it clear that selling to a minor is not excused even if the minor is acting on behalf of an adult, thus closing potential loopholes.
Increases legal accountability for sellers. By specifying identification requirements and eliminating certain defenses, the bill heightens the responsibility on vendors to verify age and identity, potentially reducing illegal or negligent sales to underage individuals.
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Who cares
Headline styles
Ban Ammo Sales to Minors
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
202
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sens. MARCHIONE, FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to sale of ammunition; and to repeal certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 400.03 of the penal law is REPEALED.
§ 2. Subdivision 24 of section 265.00 of the penal law is REPEALED.
§ 3. Paragraph (a) of subdivision 1 of section 400.10 of the penal law, as amended by chapter 1 of the laws of 2013, is amended to read as follows:
(a) Any owner or other person lawfully in possession of: (i) a firearm, rifle or[,] shotgun who suffers the loss or theft of said weapon; (ii) ammunition as well as a firearm, rifle or shotgun who suffers the loss or theft of such ammunition as well as a firearm, rifle or shotgun; or (iii) ammunition and is a dealer in firearms [or seller of ammunition] who suffers the loss or theft of such ammunition shall within twenty-four hours of the discovery of the loss or theft report the facts and circumstances of the loss or theft to a police department or sheriff's office.
§ 4. The penal law is amended by adding a new section 400.03 to read as follows: § 400.03 Sale of ammunition to minors prohibited.
Sale of any ammunition shall be made only to an individual who demonstrates, through (a) a valid driver's license or non-driver's identification card issued by the commissioner of motor vehicles, the federal government, any United States territory, commonwealth or possession, the District of Columbia, a state government within the United States or a provincial government of the dominion of Canada, or (b) a valid passport issued by the United States government or any other country, or (c) an
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04052-01-7
S. 202 2
identification card issued by the armed forces of the United States, indicating that the individual is at least eighteen years of age.
§ 5. Subdivision 3 of section 260.21 of the penal law, as added by chapter 362 of the laws of 1992, is amended to read as follows:
3. He sells or causes to be sold tobacco in any form to a child less than eighteen years old.
[It is no defense to a prosecution pursuant to subdivision three of this section that the child acted as the agent or representative of another person or that the defendant dealt with the child as such.]
§ 6. Section 260.21 of the penal law is amended by adding a new subdivision 4 to read as follows:
4. He sells or causes to be sold ammunition to a child less than eighteen years old. It is no defense to a prosecution pursuant to this subdivision or subdivision three of this section that the child acted as the agent or representative of another person or that the defendant dealt with the child as such.
§ 7. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
2015-16: Referred to Codes
Effective date
This act shall take effect on the thirtieth day after it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.