Senate Bill S65

                                
 
BILL NUMBER: S65

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the penal law and the executive law, in relation to the
sale of ammunition; and to repeal certain provisions of the penal law
relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to prevent the purchase of firearm ammunition
by individuals not allowed to own or possess the weapon for which the
ammo is used for, pursuant to state and local law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill repeals Subdivision 5 of section 270.00 of the
penal law.

Section 2 amends the penal law by adding new section 265.18, which
              

creates the crime of criminal sale of firearm ammunition. It will be
against the law to sell firearm ammunition to a person not authorized to
possess the firearm capable of firing such ammunition.

Section 3 amends the executive law by adding a new section 845-c, which
mandates the establishment of a no-gun database, which shall contain the
names, dates of birth, and any other identifying information the divi-
sion deems appropriate of any persons not authorized pursuant to law to
possess a firearm. Any person selling firearm ammunition within the
state will be permitted to cross-reference the database with the poten-
tial buyer of ammunition's identifying information.

Section 4 addresses the effective date.

 
JUSTIFICATION:

The bill aims to prevent ammunition sales to persons not authorized to
possess certain weapons. Regulating ammunition is often overlooked as an
aspect of gun safety policy. Guns without bullets are nothing more than
blunt instruments. Currently, NYS law prohibits selling handgun ammuni-
tion to persons without pistol permits. However, the law does not
prohibit the purchase of rifle or shotgun rounds by "unauthorized
persons." In NYC, despite requiring permits for shotgun and rifle owner-
ship, those without the permits can purchase shotgun and rifle ammo
uninhibited. This bill would be similar to the restrictions placed on
handgun ammunition purchases, in that if you are authorized to own the
weapon, you may purchase its corresponding ammunition.  Most parts of
the state outside of NYC have no restrictions on who can own/purchase
shotguns and rifles, so by default, anyone not explicitly prohibited
from owning a firearm can purchase the firearm and corresponding ammuni-
tion.

The bill would also direct the NYS Division of Criminal Justice Services
(DCJS) to assemble a master database of all people in the state whom
have had their firearms seized or their rights to possess a firearm
suspended. This database would then be made accessible for a cursory
search by ammunition sellers, in order to ensure only authorized indi-
viduals are purchasing the ammunition. If an individual is not allowed
to possess a firearm, they will not be able to purchase ammunition.
Only those who are authorized to own/possess weapons, pursuant to state
and local laws, should be able to purchase the ammunition for those
weapons.

A recent article found some conclusions that have real implications for
New York State. The article examined firearm laws in certain states, and
tried to determine whether the specified laws were influencing the over-
all firearm mortality rate in each state. The study also tested whether
certain laws, if implemented, would affect the rate of firearm mortal-
ity. The researchers concluded that if New York were to implement a form
of background check for ammunition, the predicted firearm mortality risk
for New Yorkers would drop by over 80%. It is clear that this legis-
lation has the potential to save many lives.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S1038 Referred to Codes

2017-2018: S1193 Referred to Codes

2015-2016: S6968 Referred to Codes

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law. Effective immediately, the
division of criminal justice services shall promulgate rules and regu-
lations as it deems necessary to effectuate the purposes of this act, on
or before such effective date.