S117-2013 Actions

• Mar 4, 2013: RECOMMIT, ENACTING CLAUSE STRICKEN
• Jan 9, 2013: REFERRED TO CODES

S117-2013 Memo

BILL NUMBER:S117

TITLE OF BILL:
An act
to amend the general business law, in relation to requiring a national
instant criminal background check to be conducted on each person
purchasing ammunition

PURPOSE:
Requires a national instant criminal background check to be conducted
on each individual who purchases ammunition.

SUMMARY OF PROVISIONS:
Section 1. Amends the business law to require that prior to the retail
sale or transfer of firearm ammunition, the dealer must conduct a
national instant criminal background check pursuant to 18 U.S.C.
� 922 and deny sale if the purchaser or transferee fails said
background check. It also creates a recording requirement, whereby
the retail dealer must record certain indentifying information about
the purchaser and ammunition, furnish the record to the Department of
Criminal Justice Services, and retain said record for not less than
seven (7) years. The legislation also makes the violation of these
provisions a class A misdemeanor.

Section 2. Establishes the effective date.

JUSTIFICATION:
While New York State law currently requires that a background check be
conducted when an individual seeks to purchase a firearm, there is no
such requirement for the purchase of ammunition. This inexcusable gap
in the law permits convicted felons and the dangerously mentally ill
to easily buy deadly ammunition without any checks or oversight. A
dangerous individual who has purchased a gun on the black market or
through a straw purchaser can simply go to his nearest sporting goods
store and acquire the means to kill. This common sense bill closes
the current gap, and will help keep bullets out of the hands of those
who are not permitted to possess firearms in the first place.

LEGISLATIVE HISTORY:
2011-12: S.7829

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

S117-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          117
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes
 

AN ACT to amend the general business law, in  relation  to  requiring  a
 national  instant  criminal  background  check to be conducted on each
 person purchasing ammunition
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The general business law is amended by adding a new article
 38-B to read as follows:

 ARTICLE 38-B
 SALE OF AMMUNITION
 SECTION 825. SALE OF AMMUNITION.
 

S  825.  SALE  OF  AMMUNITION.  1.  PRIOR  TO THE SALE OR TRANSFER, AT
 RETAIL, OF ANY QUANTITY OF AMMUNITION TO AN INDIVIDUAL, THE RETAIL DEAL
 ER OF SUCH INDIVIDUAL SHALL CAUSE A NATIONAL INSTANT CRIMINAL BACKGROUND
 CHECK TO BE CONDUCTED UPON SUCH PERSON IN ACCORDANCE WITH  18  U.S.C.  S
 922.
 2. UPON THE SALE OR TRANSFER OF ANY QUANTITY OF AMMUNITION, AT RETAIL,
 THE  RETAIL  DEALER  SHALL  RECORD  THE NAME, ADDRESS, DATE OF BIRTH AND
 TELEPHONE NUMBER OF THE PURCHASER, AND THE  QUANTITY,  BRAND,  TYPE  AND
 CALIBER  OR  GAUGE  OF  THE  AMMUNITION PURCHASED OR TRANSFERRED. WITHIN
 THREE DAYS OF EACH PURCHASE OR TRANSFER OF SUCH AMMUNITION,  THE  RETAIL
 DEALER SHALL FORWARD A COPY OF SUCH INFORMATION TO THE DIVISION OF CRIM
 INAL  JUSTICE SERVICES. SUCH DEALER SHALL MAINTAIN SUCH RECORDS UPON THE
 PREMISES OF THE BUSINESS FOR A PERIOD OF NOT LESS THAN SEVEN YEARS.
 3. ANY PERSON WHO VIOLATES THE PROVISIONS OF  THIS  SECTION  SHALL  BE
 GUILTY OF A CLASS A MISDEMEANOR.
 

S  2. This act shall take effect on the first of January next succeed
 ing the date on which it shall have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00311-01-3

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