Bill Text: NY A08085 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Permits those licensed to carry or possess a pistol or revolver or to purchase or take possession of a semi-automatic rifle or licensed to hunt wildlife to purchase or take possession of ammunition without requiring contacting the statewide license and record database.

Spectrum: Partisan Bill (Republican 24-0)

Status: (Introduced) 2024-05-14 - held for consideration in codes [A08085 Detail]

Download: New_York-2023-A08085-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          8085

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                   September 29, 2023
                                       ___________

        Introduced by M. of A. ANGELINO -- read once and referred to the Commit-
          tee 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:

     1    Section 1. The opening paragraph of subdivision 2 of section 400.02 of
     2  the penal law, as added by chapter 371 of the laws of 2022,  is  amended
     3  to read as follows:
     4    There  shall  be  a statewide license and record database specific for
     5  ammunition sales which shall be created and maintained by  the  division
     6  of state police the cost of which shall not be borne by any municipality
     7  no  later than thirty days upon designating the division of state police
     8  as the point of contact to perform both  firearm  and  ammunition  back-
     9  ground  checks  under  federal  and  state  law.  Records  assembled  or
    10  collected for purposes of  inclusion  in  such  database  shall  not  be
    11  subject  to  disclosure  pursuant  to article six of the public officers
    12  law. All  records  containing  granted  license  applications  from  all
    13  licensing authorities shall be monthly checked by the division of crimi-
    14  nal  justice  services  in conjunction with the division of state police
    15  against  criminal  conviction,  criminal  indictments,  mental   health,
    16  extreme  risk  protection  orders,  orders  of protection, and all other
    17  records as are necessary to determine their continued accuracy  as  well
    18  as  whether an individual is no longer a valid license holder. The divi-
    19  sion of criminal justice services shall also check pending  applications
    20  made  pursuant to this article against such records to determine whether
    21  a license may be granted. All state and local agencies  shall  cooperate
    22  with  the division of criminal justice services, as otherwise authorized
    23  by law, in making their records available for such checks. No later than
    24  thirty days after the superintendent of the state police certifies  that

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13301-01-3
        A. 8085                             2

     1  the  statewide  license and record database established pursuant to this
     2  section and the statewide license and record  database  established  for
     3  ammunition  sales  are  operational  for the purposes of this section, a
     4  dealer  in firearms licensed pursuant to section 400.00 of this article,
     5  a seller of ammunition as defined in subdivision twenty-four of  section
     6  265.00  of  this  chapter shall not transfer any ammunition to any other
     7  person who is not a dealer in firearms as defined in subdivision nine of
     8  such section 265.00 or a seller of ammunition as defined in  subdivision
     9  twenty-four  of section 265.00 of this chapter, is not licensed to carry
    10  or possess a pistol or revolver or to purchase or take possession  of  a
    11  semi-automatic  rifle  pursuant to section 400.00 of this article, or is
    12  not licensed to hunt wildlife pursuant to section 11-0701 of  the  envi-
    13  ronmental conservation law, unless:
    14    §  2.  The opening paragraph of subdivision 3 of section 400.03 of the
    15  penal law, as added by chapter 1 of the laws of 2013, is amended to read
    16  as follows:
    17    No later than thirty days after the superintendent of the state police
    18  certifies that the statewide license  and  record  database  established
    19  pursuant  to  section  400.02  of  this  article  is operational for the
    20  purposes of this section, a dealer  in  firearms  licensed  pursuant  to
    21  section  400.00  of  this  article, a seller of ammunition as defined in
    22  subdivision twenty-four of section 265.00  of  this  chapter  shall  not
    23  transfer  any  ammunition  to  any  other  person who is not a dealer in
    24  firearms as defined in subdivision nine of  such  section  265.00  or  a
    25  seller  of  ammunition  as defined in subdivision twenty-four of section
    26  265.00 of this chapter, is not licensed to carry or possess a pistol  or
    27  revolver  or  to  purchase  or take possession of a semi-automatic rifle
    28  pursuant to section 400.00 of this article, or is not licensed  to  hunt
    29  wildlife  pursuant  to section 11-0701 of the environmental conservation
    30  law, unless:
    31    § 3. This act shall take effect on the thirtieth day  after  it  shall
    32  have become a law.