BILL NUMBER: S9750

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the penal law, in relation to restrictions on the
receipt of ammunition

 
PURPOSE:

To amend the Penal Law to require ammunition background checks to be
denied if the prospective purchaser cannot lawfully possess a rifle or
shotgun under federal or New York State law.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend Penal Law § 400.03 to require ammuni-
tion background checks to be denied if the prospective purchaser cannot
lawfully possess a rifle or shotgun under federal or New York State law.

Section 2 defines the effective date, which is immediately upon signing.

              

 
EXISTING LAW:

Current law does not prohibit the purchase of ammunition by persons who
are ineligible to possess guns under New York State law, such as those
with a conviction for a serious misdemeanor offense or those subject to
an Extreme Risk Protection Order.

 
LEGISLATIVE HISTORY

None.

 
STATEMENT IN SUPPORT:

This bill would amend Penal Law § 400.03 to require ammunition back-
ground checks to be denied if the prospective purchaser cannot lawfully
possess a rifle or shotgun under federal or New York State law. Pursuant
to Penal Law § 400.03, the Division of State Police is required to
conduct background checks for prospective ammunition purchases. Under
current law, the only ammunition possession prohibitors are those that
exist under federal law, 18 U.S.C. 922(g).  This means that ammunition
purchases are only screened against the federal criteria for possessing
firearms and ammunition, and not the additional New York-specific prohi-
bitors that apply to firearms.  These additional state law prohibitors
include instances where a person is subject to an Extreme Risk
Protection Order (ERPO, or "red flag" orders) or has been convicted of a
"serious offense" as listed in Penal Law § 265.00(17). This bill would
align New York State laws for who is permitted to take possession of
both guns and ammunition, so that the same criteria is used to screen
purchasers of guns and ammunition.

 
POSSIBLE OBJECTIONS:

None known.

 
BUDGET IMPLICATIONS:

None known.