S T A T E O F N E W Y O R K
________________________________________________________________________
1154
2025-2026 Regular Sessions
I N S E N A T E
January 8, 2025
___________
Introduced by Sens. OBERACKER, BORRELLO, GALLIVAN, WEIK -- read twice
and ordered printed, and when printed to be committed 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
by law, in making their records available for such checks. No later than
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03551-01-5
S. 1154 2
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.