BILL NUMBER: S3481
SPONSOR: HELMING
 
TITLE OF BILL:
An act to amend the executive law, in relation to national instant crim-
inal background checks; and to repeal certain provisions of the penal
law, the executive law and the state finance law relating thereto
 
PURPOSE:
This legislation would eliminate background checks for ammunition sales
in New York State and prevent the State from passing on costs or fees
related to background checks for purchasing firearms to dealers or their
respective customers.
 
SUMMARY OF PROVISIONS:
Section 1: Repeals subdivision 2 of section 400.02 of the penal law,
which creates a new license and record database specific to ammunition
sales.
Section 2: Amends subdivisions 1, 2, 3, and 4 of section 228 of the
executive law, removing requirements for background checks to be admin-
istered for the sale of ammunition. Further amends subdivisions 3 and 4
of section 228 of the executive law to require that the costs of creat-
ing new databases and a centralized bureau be borne entirely by the
state.
Section 3: Repeals subdivision 5 of section 228 of the executive law.
Section 4: Repeals paragraph c of subdivision 6 of section 228 of the
executive law. Section 5: Repeals section 99-pp of the state finance
law.
Section 6: Effective date.
 
JUSTIFICATION:
In July of 2022, the New York State Legislature passed the Concealed
Carry Improvement Act (CCIA), making many changes to the laws governing
firearms and ammunition in New York. Included in the CCIA were
provisions instructing the New York State Police (NYSP) to create and
administer a new background check system for the sale of firearms and
ammunition.
Authority was also granted to the NYSP to promulgate a fee associated
with each background check performed. The background check fee struc-
ture is nothing more than a tax on current and prospective gun owners.
Prior to the implementation of the 2022 legislation, firearm sale back-
ground checks were conducted by the Federal Bureau of Investigation at
no cost to the buyer or retailer. Unfortunately, despite record
inflation and economic turmoil, New York State has once again upped the
ante for those legal firearm patrons simply exercising their constitu-
tional rights. Instituting background check fees will not affect the
proliferation of illegal weapons or ammunition in New York. Instead, it
will only serve as another deterrent for sportspeople, law enforcement,
and other law-abiding citizens who wish to participate in the firearm
economy. To address the issue of these burdensome fees, this legislation
repeals requirements for background checks for ammunition and prevents
the State from passing on the costs for creating, maintaining, and
administering a new background check database. With one of the most
considerable tax burdens in the nation, New York has more than enough in
its coffers to cover the cost of a background check system without nick-
el and diming taxpayers further.
 
LEGISLATIVE HISTORY:
2023-2024: S.7650-A referred to Codes/A.8421 held for consideration in
Codes
 
FISCAL IMPLICATIONS:
Undetermined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S3481: 400.02 penal law, 400.02(2) penal law, 228 executive law, 228(5) executive law, 228(6) executive law, 99-pp state finance law