senate Bill S7829

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 01, 2012 referred to rules

Co-Sponsors

S7829 - Bill Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Add Art 38-B §825, Gen Bus L

S7829 - Bill Texts

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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.

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BILL NUMBER:S7829

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:
New Bill.

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.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7829

                            I N  S E N A T E

                             August 1, 2012
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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.
                                                           LBD16411-02-2

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