Rpld §400.02 sub 2, Pen L; amd §228, rpld §228 sub 5, sub 6 ¶c, Exec L; rpld §99-pp, St Fin L
 
Removes ammunition and ammunition sales from the requirements of background checks; repeals certain provisions of law relating thereto; repeals the background check fund.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8421
SPONSOR: Byrnes
 
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 structure is nothing more than a tax on current
and prospective gun owners. Prior to the implementation of the 2022
legislation, firearm sale background checks were conducted by the Feder-
al Bureau of Investigation at no cost to the buyer or retailer. Unfortu-
nately, despite record inflation and economic turmoil, New York State
has once again upped the ante for those legal firearm patrons simply
exercising their constitutional 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-a-
biding 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 nickel and diming
taxpayers further.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
Undetermined.
 
EFFECTIVE DATE:
This act shall take effect immediately.