What's happening
This bill makes it a crime to sell ammunition to unauthorized persons and creates a "no-gun" database of those prohibited from firearm possession.
Why it matters
Establishes criminal liability for ammunition sales. By making it a class B misdemeanor to sell ammunition to anyone not legally allowed to possess a firearm, the bill directly targets and penalizes suppliers, not just buyers, potentially reducing access for prohibited individuals.
Creates a centralized “no-gun” database. This state-run database will list all individuals prohibited from firearm possession, making it easier for sellers to verify a buyer's eligibility in real time, thus aiming to prevent illegal sales before they occur.
Mandates seller responsibility. Sellers of both firearms and ammunition will be required to check the no-gun database before completing a transaction, shifting part of the burden of compliance and vigilance onto vendors and potentially reducing unintentional illegal sales.
Potential privacy and implementation questions. The collection of detailed personal data for the database and the requirement for sellers to access it could raise concerns about data privacy, accuracy of records, and the administrative burden for businesses, as well as possible delays in legal purchases.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Limit Ammo Sales to Owners
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limit Ammo Sales to Owners
In Assembly Committee · Codes · Sponsor Jo Anne Simon
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1038
2019-2020 Regular Sessions
IN SENATE
January 10, 2019
Introduced by Sen. PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law and the executive law, in relation to the sale of ammunition; and to repeal certain provisions of the penal law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 5 of section 270.00 of the penal law is REPEALED.
§ 2. The penal law is amended by adding a new section 265.18 to read as follows: § 265.18 Criminal sale of firearm ammunition.
A person is guilty of criminal sale of firearm ammunition when such person sells any firearm ammunition to a person not authorized pursuant to law to possess a firearm capable of firing such ammunition.
Criminal sale of firearm ammunition is a class B misdemeanor.
§ 3. The executive law is amended by adding a new section 845-c to read as follows:
§ 845-c. No-gun database. 1. The division shall establish and maintain a no-gun database which shall contain the names, dates of birth, and any other identifying information the division deems appropriate of any persons not authorized pursuant to law to possess a firearm.
2. The division shall allow for any person selling a firearm or firearm ammunition within the state to check the no-gun database for the buyer of such firearm or firearm ammunition.
§ 4. This act shall take effect on the first of November next succeeding the date on which it shall have become a law. Effective immediately, the division of criminal justice services shall promulgate rules and regulations as it deems necessary to effectuate the purposes of this act, on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00868-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Purpose or general idea of bill
The purpose of the bill is to prevent the purchase of firearm ammunition by individuals not allowed to own or possess the weapon for which the ammo is used for, pursuant to state and local law.
Summary of specific provisions
Section 1 of the bill repeals Subdivision 5 of section 270.00 of the penal. law.
Section 2 amends the penal law by adding new section 265.18, which creates the crime of criminal sale of firearm ammunition. It will be against the law to sell firearm ammunition to a person not authorized to possess the firearm capable of firing such ammunition.
Read the full memo (615 words)
Section 3 amends the executive law by adding a new section 845-c, which mandates the establishment of a no-gun database, which shall contain the names, dates of birth, and any other identifying information the divi- sion deems appropriate of any persons not authorized pursuant to law to possess a firearm. Any person selling firearm ammunition within the state will be permitted to cross-reference the database with the poten- tial buyer of ammunition's identifying information.
Section 4 addresses the effective date.
Justification
The bill aims to prevent ammunition sales to persons not authorized to possess certain weapons. Regulating ammunition is often overlooked as an aspect of gun safety policy. Guns without bullets are nothing more than blunt instruments. Currently, NYS law prohibits selling handgun ammuni- tion to persons without pistol permits. However, the law does not prohibit the purchase of rifle or shotgun rounds by "unauthorized persons." In NYC, despite requiring permits for shotgun and rifle owner- ship, those without the permits can purchase shotgun and rifle ammo uninhibited. This bill would be similar to the restrictions placed on handgun ammunition purchases, in that if you are authorized to own the weapon, you may purchase its corresponding ammunition. Most parts of the state outside of NYC have no restrictions on who can own/purchase shotguns and rifles, so by default, anyone not explicitly prohibited from owning a firearm can purchase the firearm and corresponding ammuni- tion.
The bill would also direct DCJS to assemble a master database of all people in the state whom have had their firearms seized or their rights to possess a firearm suspended. This database would then be made acces- sible for a cursory search by ammunition sellers, in order to ensure only authorized individuals are purchasing the ammunition. If you are not allowed to possess a firearm, you will not be able to purchase ammu- nition. Only people who are authorized to own/possess weapons, pursuant to state and local laws, should be able to purchase the ammunition for those weapons.
A recent article found some conclusions that have real implications for New York State. The article examined firearm laws in certain states, and tried to determine whether the specified laws were influencing the over- all firearm mortality rate in each state. The study also tested whether certain laws, if implemented, would affect the rate of firearm mortal- ity. The researchers concluded that if New York were to implement a form of background check for ammunition, the predicted firearm mortality risk for New Yorkers would drop by over 80%. It is clear that this legis- lation has the potential to save many lives.
Prior legislative history
2017/2018: Referred to Codes
Fiscal implications
To be determined.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law. Effective immediately, the division of criminal justice services shall promulgate rules and regu- lations as it deems necessary to effectuate the purposes of this act, on or before such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.