BILL NUMBER: S1038              Revised 01/18/19

SPONSOR: PERSAUD
 
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.

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.