BILL NUMBER: S7236

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

Section two sets 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.

 
JUSTIFICATION:

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 prohibitors 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 permit-
ted to take possession of both guns and ammunition, so that the same
criteria is used to screen purchasers of guns and ammunition.

 
LEGISLATIVE HISTORY:

2024: S9750 (Gianaris) PASSED SENATE

 
FISCAL IMPLICATIONS:

None known.

 
EFFECTIVE DATE:
This act shall take effect immediately.