Assembly Bill A1801

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1801
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced by M. of A. ANGELINO, BARCLAY, BEEPHAN, BENDETT, BLANKENBUSH,
   BRABENEC,   E. BROWN,   DiPIETRO,   GALLAHAN,  GIGLIO,  GRAY,  HAWLEY,
   LEMONDES, MAHER, MANKTELOW,  McDONOUGH,  MILLER,  MORINELLO,  SMULLEN,
   TAGUE -- read once and referred to the Committee on Codes
 
 AN  ACT  to  amend  the  penal  law,  in  relation to permitting certain
   licensed individuals to purchase  or  take  possession  of  ammunition
   without requiring contacting the statewide license and record database
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subdivision 2 of section 400.02 of
 the penal law, as added by chapter 371 of the laws of 2022,  is  amended
 to read as follows:
   There  shall  be  a statewide license and record database specific for
 ammunition sales which shall be created and maintained by  the  division
 of state police the cost of which shall not be borne by any municipality
 no  later than thirty days upon designating the division of state police
 as the point of contact to perform both  firearm  and  ammunition  back-
 ground  checks  under  federal  and  state  law.  Records  assembled  or
 collected for purposes of  inclusion  in  such  database  shall  not  be
 subject  to  disclosure  pursuant  to article six of the public officers
 law. All  records  containing  granted  license  applications  from  all
 licensing authorities shall be monthly checked by the division of crimi-
 nal  justice  services  in conjunction with the division of state police
 against  criminal  conviction,  criminal  indictments,  mental   health,
 extreme  risk  protection  orders,  orders  of protection, and all other
 records as are necessary to determine their continued accuracy  as  well
 as  whether an individual is no longer a valid license holder. The divi-
 sion of criminal justice services shall also check pending  applications
 made  pursuant to this article against such records to determine whether
 a license may be granted. All state and local agencies  shall  cooperate
 with  the division of criminal justice services, as otherwise authorized
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03551-01-5
              

 A. 1801                             2
 
 by law, in making their records available for such checks. No later than
 thirty days after the superintendent of the state police certifies  that
 the  statewide  license and record database established pursuant to this
 section  and  the  statewide license and record database established for
 ammunition sales are operational for the purposes  of  this  section,  a
 dealer  in firearms licensed pursuant to section 400.00 of this article,
 a seller of ammunition as defined in subdivision twenty-four of  section
 265.00  of  this  chapter shall not transfer any ammunition to any other
 person who is not a dealer in firearms as defined in subdivision nine of
 such section 265.00 or a seller of ammunition as defined in  subdivision
 twenty-four  of section 265.00 of this chapter, IS NOT LICENSED TO CARRY
 OR POSSESS A PISTOL OR REVOLVER OR TO PURCHASE OR TAKE POSSESSION  OF  A
 SEMI-AUTOMATIC  RIFLE  PURSUANT TO SECTION 400.00 OF THIS ARTICLE, OR IS
 NOT LICENSED TO HUNT WILDLIFE PURSUANT TO SECTION 11-0701 OF  THE  ENVI-
 RONMENTAL CONSERVATION LAW, unless:
   §  2.  The opening paragraph of subdivision 3 of section 400.03 of the
 penal law, as added by chapter 1 of the laws of 2013, is amended to read
 as follows:
   No later than thirty days after the superintendent of the state police
 certifies that the statewide license  and  record  database  established
 pursuant  to  section  400.02  of  this  article  is operational for the
 purposes of this section, a dealer  in  firearms  licensed  pursuant  to
 section  400.00  of  this  article, a seller of ammunition as defined in
 subdivision twenty-four of section 265.00  of  this  chapter  shall  not
 transfer  any  ammunition  to  any  other  person who is not a dealer in
 firearms as defined in subdivision nine of  such  section  265.00  or  a
 seller  of  ammunition  as defined in subdivision twenty-four of section
 265.00 of this chapter, IS NOT LICENSED TO CARRY OR POSSESS A PISTOL  OR
 REVOLVER  OR  TO  PURCHASE  OR TAKE POSSESSION OF A SEMI-AUTOMATIC RIFLE
 PURSUANT TO SECTION 400.00 OF THIS ARTICLE, OR IS NOT LICENSED  TO  HUNT
 WILDLIFE  PURSUANT  TO SECTION 11-0701 OF THE ENVIRONMENTAL CONSERVATION
 LAW, unless:
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.