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A01566 Summary:

BILL NOA01566
 
SAME ASSAME AS S00930
 
SPONSORSimon (MS)
 
COSPNSRCook, Davila, Glick, Hyndman, Ramos, McDonough, Seawright, Shimsky, Dinowitz, Jacobson, Sillitti, Levenberg
 
MLTSPNSRColton, Lavine
 
Rpld §270.00 sub 5, add §265.18, Pen L; add §845-e, Exec L
 
Restricts the sale of ammunition to only individuals authorized to possess such weapon; creates the no-gun database under the division of criminal justice services.
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A01566 Actions:

BILL NOA01566
 
01/17/2023referred to codes
01/03/2024referred to codes
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A01566 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1566
 
SPONSOR: Simon (MS)
  TITLE OF BILL: An act to amend the penal law and the executive law, in relation to the sale of ammunition; and to repeal certain provisions of the penal law relating thereto   PURPOSE OR GENERAL IDEA OF BILL: The purpose of the bill is to prevent the purchase of firearm ammunition by individuals not allowed to own or possess the weapon for which the ammo is used for, pursuant to state and local law.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill repeals Subdivision 5 of section 270.00 of the penal law. Section 2 amends the penal law by adding new section 265.18, which creates the crime of criminal sale of firearm ammunition. It will be against the law to sell firearm ammunition to a person not authorized to possess the firearm capable of firing such ammunition. Section 3 amends the executive law by adding a new section 845-c, which mandates the establishment of a no-gun database, which shall contain the names, dates of birth, and any other identifying information the divi- sion deems appropriate of any persons not authorized pursuant to law to possess a firearm. Any person selling firearm ammunition within the state will be permitted to cross-reference the database with the poten- tial buyer of ammunition's identifying information. Section 4 addresses the effective date.   JUSTIFICATION: The bill aims to prevent ammunition sales to persons not authorized to possess certain weapons. Regulating ammunition is often overlooked as an aspect of gun safety policy. Guns without bullets are nothing more than blunt instruments. Currently, NYS law prohibits selling handgun ammuni- tion to persons without pistol permits. However, the law does not prohibit the purchase of rifle or shotgun rounds by "unauthorized persons." In NYC, despite requiring permits for shotgun and rifle owner- ship, those without the permits can purchase shotgun and rifle ammo uninhibited. This bill would be similar to the restrictions placed on handgun ammunition purchases, in that if you are authorized to own the weapon, you may purchase its corresponding ammunition. Most parts of the state outside of NYC have no restrictions on who can own/purchase shotguns and rifles, so by default, anyone not explicitly prohibited from owning a firearm can purchase the firearm and corresponding ammuni- tion. The bill would also direct DCJS to assemble a master database of all people in the state who have had their firearms seized or their rights to possess a firearm suspended. This database would then be made acces- sible for a cursory search by ammunition sellers, in order to ensure only authorized individuals are purchasing the ammunition. If you are not allowed to possess a firearm, you will not be able to purchase ammu- nition. Only people who are authorized to own/possess weapons, pursuant to state and local laws, should be able to purchase the ammunition for those weapons. A recent article found some conclusions that have real implications for New York State. The article examined firearm laws in certain states, and tried to determine whether the specified laws were influencing the over- all firearm mortality rate in each state. The study also tested whether certain laws, if implemented, would affect the rate of firearm mortal- ity. The researchers concluded that if New York were to implement a form of background check for ammunition, the predicted firearm mortality risk for New Yorkers would drop by over 80%. It is clear that this legis- lation has the potential to save many lives.   PRIOR LEGISLATIVE HISTORY: 2021-2022: A.2175 Simon/S.65 Persaud -referred to codes 2020-19: A.4067 -referred to codes 2017/2018: Referred to Codes   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall become a law
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A01566 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1566
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2023
                                       ___________
 
        Introduced by M. of A. SIMON, COOK, DAVILA, GLICK, HYNDMAN, RAMOS, McDO-
          NOUGH  --  Multi-Sponsored  by -- M. of A. COLTON, LAVINE -- read once
          and referred to the Committee on Codes
 
        AN ACT to amend the penal law and the executive law, in relation to  the
          sale  of ammunition; and to repeal certain provisions of the penal law
          relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  5  of  section  270.00  of  the penal law is
     2  REPEALED.
     3    § 2. The penal law is amended by adding a new section 265.18  to  read
     4  as follows:
     5  § 265.18 Criminal sale of firearm ammunition.
     6    A  person  is  guilty of criminal sale of firearm ammunition when such
     7  person sells any firearm ammunition to a person not authorized  pursuant
     8  to law to possess a firearm capable of firing such ammunition.
     9    Criminal sale of firearm ammunition is a class B misdemeanor.
    10    §  3.  The  executive  law is amended by adding a new section 845-e to
    11  read as follows:
    12    § 845-e. No-gun database. 1. The division shall establish and maintain
    13  a no-gun database which shall contain the names, dates of birth, and any
    14  other identifying information the  division  deems  appropriate  of  any
    15  persons not authorized pursuant to law to possess a firearm.
    16    2.  The  division  shall  allow  for  any  person selling a firearm or
    17  firearm ammunition within the state to check the no-gun database for the
    18  buyer of such firearm or firearm ammunition.
    19    § 4. This act shall take effect on the first of November next succeed-
    20  ing the date on which it shall have become a law. Effective immediately,
    21  the addition, amendment and/or repeal of any rule or  regulation  neces-
    22  sary  for  the  implementation  of  this  act  on its effective date are
    23  authorized to be made and completed on or before such effective date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01722-01-3
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