STATE OF NEW YORK ________________________________________________________________________ 1154 2025-2026 Regular Sessions IN SENATE January 8, 2025 ___________ Introduced by Sens. OBERACKER, BORRELLO, GALLIVAN, WEIK -- 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 permitting certain licensed individuals to purchase or take possession of ammunition without requiring contacting the statewide license and record database The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of subdivision 2 of section 400.02 of 2 the penal law, as added by chapter 371 of the laws of 2022, is amended 3 to read as follows: 4 There shall be a statewide license and record database specific for 5 ammunition sales which shall be created and maintained by the division 6 of state police the cost of which shall not be borne by any municipality 7 no later than thirty days upon designating the division of state police 8 as the point of contact to perform both firearm and ammunition back- 9 ground checks under federal and state law. Records assembled or 10 collected for purposes of inclusion in such database shall not be 11 subject to disclosure pursuant to article six of the public officers 12 law. All records containing granted license applications from all 13 licensing authorities shall be monthly checked by the division of crimi- 14 nal justice services in conjunction with the division of state police 15 against criminal conviction, criminal indictments, mental health, 16 extreme risk protection orders, orders of protection, and all other 17 records as are necessary to determine their continued accuracy as well 18 as whether an individual is no longer a valid license holder. The divi- 19 sion of criminal justice services shall also check pending applications 20 made pursuant to this article against such records to determine whether 21 a license may be granted. All state and local agencies shall cooperate 22 with the division of criminal justice services, as otherwise authorized 23 by law, in making their records available for such checks. No later than EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03551-01-5

S. 1154 2 1 thirty days after the superintendent of the state police certifies that 2 the statewide license and record database established pursuant to this 3 section and the statewide license and record database established for 4 ammunition sales are operational for the purposes of this section, a 5 dealer in firearms licensed pursuant to section 400.00 of this article, 6 a seller of ammunition as defined in subdivision twenty-four of section 7 265.00 of this chapter shall not transfer any ammunition to any other 8 person who is not a dealer in firearms as defined in subdivision nine of 9 such section 265.00 or a seller of ammunition as defined in subdivision 10 twenty-four of section 265.00 of this chapter, is not licensed to carry 11 or possess a pistol or revolver or to purchase or take possession of a 12 semi-automatic rifle pursuant to section 400.00 of this article, or is 13 not licensed to hunt wildlife pursuant to section 11-0701 of the envi- 14 ronmental conservation law, unless: 15 § 2. The opening paragraph of subdivision 3 of section 400.03 of the 16 penal law, as added by chapter 1 of the laws of 2013, is amended to read 17 as follows: 18 No later than thirty days after the superintendent of the state police 19 certifies that the statewide license and record database established 20 pursuant to section 400.02 of this article is operational for the 21 purposes of this section, a dealer in firearms licensed pursuant to 22 section 400.00 of this article, a seller of ammunition as defined in 23 subdivision twenty-four of section 265.00 of this chapter shall not 24 transfer any ammunition to any other person who is not a dealer in 25 firearms as defined in subdivision nine of such section 265.00 or a 26 seller of ammunition as defined in subdivision twenty-four of section 27 265.00 of this chapter, is not licensed to carry or possess a pistol or 28 revolver or to purchase or take possession of a semi-automatic rifle 29 pursuant to section 400.00 of this article, or is not licensed to hunt 30 wildlife pursuant to section 11-0701 of the environmental conservation 31 law, unless: 32 § 3. This act shall take effect on the thirtieth day after it shall 33 have become a law.

Relates to purchases of ammunition

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