STATE OF NEW YORK
        ________________________________________________________________________

                                          1154

                               2025-2026 Regular Sessions

                    IN SENATE

                                     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:

     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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03551-01-5

        S. 1154                             2

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