Gun Owners Kept in the Dark About New York’s Upcoming Background Checks for Ammo

The late U.S. Senator Frank Lautenberg (D-NJ) proposed legislation to restriction ammunition and gun sales during an appearance on the steps of New York City Hall on July 30, 2012. Proposals similar to those promoted by the Senator are set to be implemented in the state in September 2023. Benjamin Chasteen/The Epoch Times

New York State has yet to explain how the state police will handle background checks for firearm and ammunition purchases, which will become mandatory on Sept. 13.

A spokesperson for the New York State Police told The Epoch Times on Aug. 22 that the person who could answer questions about the ammunition background checks was unavailable because they were on vacation.

Gov. Kathy Hochul’s office did not return calls and emails seeking comment.

“I just wish the state would be more forthcoming with information,” Tom King, the executive director of the New York State Rifle and Pistol Association (NYSRPA), told The Epoch Times on August 23.

Under a state law enacted last year, the New York State Police will handle all background checks required by federal law for “the purchase of firearms and ammunition.”

A researcher simulates a check done for the National Instant Criminal Background Check System or NICS, at the FBI’s criminal justice center in Bridgeport, W.Va., on Nov. 18, 2014. NICS did about 58,000 checks on a typical day in 2013. That surged to 145,000 on Black Friday. AP Photo/Matt Stroud

Federal law requires background checks for gun purchases. However, the law restricts the use of the National Instant Criminal Background Check System (NICS) to the sale of firearms. Fereally-licensed firearms dealers are prohibited from using the NICS for other purposes, including ammo sales.

This means the state of New York would have to set up its background check system for ammo sales.

Background checks for ammunition sales were first proposed in 2013 under then-Gov. Andrew Cuomo’s New York Secure Ammunition and Firearms Enforcement (SAFE) Act of 2013. That law, among other things, required that all ammunition sales be handled like gun sales.

At that time, New York State Police said they had no system for such background checks.

Republicans in the New York legislature were able to negotiate a memorandum of understanding that no state money would be spent until both parties had agreed to a cost plan and a plan for implementing the system, which did not exist.

In 2013, then New York Governor Andrew Cuomo said a Memorandum of Understanding between Democrats and Republicans was meaningless, according to the head of the New York State Rifle and Pistol Association. He is shown here preparing to depart in his helicopter after announcing his resignation in Manhattan, New York City, on Aug. 10, 2021. Caitlin Ochs/Reuters

Mr. King said Mr. Cuomo clarified that the memorandum meant nothing to him.

“He said they could tear it up at any time,” Mr. King said.

According to a transcript of a July 1, 2023, speech on an extraordinary session of the legislature, Ms. Hochcul said that is precisely what she did.

“So, we are literally tearing it up, and New York will now require and conduct background checks for all ammunition purchases. And we'll also be [setting] up an ammunition database, so law enforcement can identify and prosecute criminals,” she said.

She said the law would only affect criminals.

“We know this has nothing to do with lawful gun owners, nothing to do with them at all. These are people who have been convicted of felonies or other categories of people that should be prohibited from firearms and ammunition,” she said.

New York Gov. Kathy Hochul announces new concealed carry rules at a press conference in New York City on Aug. 31, 2022. Ed Jones/AFP via Getty Images

Ms. Hochul did not indicate if the background system was in place then. Democrats in the New York legislature have been reticent about sharing that information with their gun-owning constituents while enlisting the help of gun control advocates for writing and promoting the law, Mr. King said.

“[They] don’t want to talk about this. Everything has been done with the Bloomberg people and the Giffords people,” Mr. King said. “I have never been contacted once about any of this.”

Former New York Mayor Michael Bloomberg heads Every Town for Gun Safety. Giffords is a gun-control advocacy organization cofounded by former Rep. Gabby Giffords (R-Ariz.)

“They’re claiming they have a system now,” Mr. King said.

He said that the new law may force gun shops in his group to be forced out of business. Many gun owners practice several times a month. So, the businesses would be forced to do background checks each time they bought ammunition.

Law Could Hurt Businesses

According to Mr. King, the administrative costs and record-keeping requirements could mark the end for some small businesses.

Mr. King directed questions to the National Shooting Sports Foundation the Firearm Trade Industry Association.

Mark Oliva is the Managing Director of Public Affairs for the NSSF. He said business owners are concerned because they’re unsure how the law will impact them.

“I don’t know what to tell you. I’d have to refer you back to the New York State Police,” he said.

This is not the first time the New York State Rifle and Pistol Association and the state have been at odds.

Not the First Rodeo

The NYSRPA sued New York in 2018 over the requirement that concealed weapons permit applicants show “proper cause” when applying for a concealed firearm permit. According to King, the law was to disarm the populace while making exceptions for the wealthy and politically connected.

That case made its way to the U.S. Supreme Court this year.

In New York State Rifle and Pistol Association v. Bruen, the Supreme Court decided in 2022 that the proper cause requirement was unconstitutional.

Almost immediately after, Gov. Kathy Hochul called the legislature into session to pass the Concealed Carry Improvement Act. The act removed mention of “proper cause” but expanded other requirements, including the government’s list of “sensitive places” where it sought to prohibit the carrying of firearms.