Requires a national instant criminal background check to be conducted on each individual who purchases ammunition; requires dealer to forward information on such sale to the division of criminal justice services; makes a violation of such provisions a class A misdemeanor.
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.
STATE OF NEW YORK ________________________________________________________________________ 117 2013-2014 Regular Sessions IN 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