Explore The NRA Universe Of Websites

Firing Blanks on Ammunition Law Deal?

Friday, July 17, 2015

Firing Blanks on Ammunition Law Deal?

Gun rights advocates may recall that New York's "SAFE Act" was passed only 24 hours after it was introduced, with no debate or public scrutiny, and with Governor Cuomo signing the bill an hour after the State Assembly approved it in January 2013.

Among the law's restrictions is a requirement that within 30 days of a statewide license and record database becoming operational, no retail seller of ammunition may transfer ammunition to any non-dealer without recording the details of the transaction with the database ("amount, caliber, manufacturer’s name and serial number, if any, of such ammunition") and running a background check on the buyer. All commercial sales and transfers of ammunition have to go through a licensed dealer and such transfers "must occur in person," imposing a ban on internet sales that bypass these requirements. 

Now more than two years later, the underlying database remains a work in progress with no expected rollout date. An open letter posted on the State website by New York State Police Superintendent Joseph A. D’Amico advises, “The State database is currently under construction and not operational, and prior notice will be given to all sellers on a timely basis before the database is completed and any requirements are relevant.”

Late last Friday, news of a "memorandum of understanding" (MOU) signed by State Senate Majority Leader John Flanagan and James Malatras, Governor Cuomo's director of operations, regarding this key part of the 2013 SAFE Act, was released. 

The MOU notes that the superintendent has informed the legislature “of the lack of adequate technology to allow the Database to operate,” and acknowledges that “the [ammunition] Database cannot be established and/or function in the manner originally intended at this time.” As a result, the document purports to suspend the provisions of the law referencing “the use” of the statewide ammunition database. It further states that no certification of the database will be made “until such time as the undersigned have determined that the [listed] concerns have been satisfactorily resolved.” The MOU further advises that state funds are not to be expended for any software or other implementing equipment for the database until the cost is approved by both parties.

This is a rare instance where bureaucratic ineptitude might be having a beneficial impact on the citizenry at large.

This is a rare instance where bureaucratic ineptitude might be having a beneficial impact on the citizenry at large.  Besides halting further development of the database before it goes into effect, it was also reported that the MOU ends the SAFE Act's ban on internet sales of ammunition. These would be welcome changes for New York’s lawful gun owners.

The actual impact of this agreement, though, is now in dispute. Shortly after the MOU hit the news, counsel to Governor Cuomo, Alphonso David, offered an explanation that only muddied the waters. “The memorandum can in no way supercede the law as passed by the legislature and further, there is nothing in the memorandum that is inconsistent with the letter, spirit or intent of the law.” Far from curtailing any aspect of the legislation, Cuomo's anti-gun administration clearly remains committed to moving towards a functional database and keeping the prohibition on internet sales in place in the meantime. Under this interpretation, the MOU simply confirms the existing state of affairs: that the ammunition database is technologically not feasible for now. Another explanation is the MOU provides a face-saving way for the administration to avoid dealing with yet another example of how the rush-job on the SAFE act resulted in bad policy for New Yorkers.

Insofar as it purports to abate parts of Governor Cuomo's signature gun control law, the MOU may prove to be something of a misfire. New Yorkers hoping for relief from the SAFE Act may look to ongoing efforts to repeal the legislation, as well as a pending lawsuit to overturn the law, currently before the U.S. Circuit Court of Appeals for the Second Circuit.

TRENDING NOW
DOJ Determines 1927 Prohibition on Mailing Handguns Violates Second Amendment

News  

Monday, January 19, 2026

DOJ Determines 1927 Prohibition on Mailing Handguns Violates Second Amendment

In a monumental development for gun owners, the Department of Justice has acknowledged that one of the oldest federal gun control laws on the books is unconstitutional.

Virginia: More Gun Control Introduced in General Assembly

Thursday, January 15, 2026

Virginia: More Gun Control Introduced in General Assembly

The 2026 Virginia legislative session is underway, and lawmakers are continuing their assault on your Second Amendment rights.

Mixed Results in Massachusetts Show the Promise of and Need for Vigilant Advocacy

News  

Monday, January 19, 2026

Mixed Results in Massachusetts Show the Promise of and Need for Vigilant Advocacy

The fundamental right to travel has garnered increased attention over the past decade with the United States Supreme Court expanding and confirming that United States citizens have a protected right to travel from state to ...

Australia’s Wretched Bargain, Trading Liberty for Safety and Having Neither

News  

Monday, January 19, 2026

Australia’s Wretched Bargain, Trading Liberty for Safety and Having Neither

Last week, Australian Prime Minister Anthony Albanese announced that the federal parliament would be recalled to debate sweeping new laws on guns and hate crimes, including the establishment of a new national gun buyback program.

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

Virginia: Legislative Session Convenes Tomorrow With Onslaught of Gun Control Bills

Tuesday, January 13, 2026

Virginia: Legislative Session Convenes Tomorrow With Onslaught of Gun Control Bills

On Wednesday, January 14th, the Virginia General Assembly begins the 2026 legislative session, and lawmakers are once again expected to pursue an aggressive anti-gun agenda.

NRA Urges Supreme Court to Hear Challenge to Illinois Public Transit Carry Ban

Friday, January 16, 2026

NRA Urges Supreme Court to Hear Challenge to Illinois Public Transit Carry Ban

The National Rifle Association—along with the Association of New Jersey Rifle & Pistol Clubs, Gun Owners’ Action League, New Jersey Firearms Owners Syndicate, and New York State Rifle & Pistol Association—has filed an amicus brief urging the ...

Secretary of the Interior Issues Order Expanding Hunting Access Nationwide

News  

Wednesday, January 14, 2026

Secretary of the Interior Issues Order Expanding Hunting Access Nationwide

Secretary of the Interior Doug Burgum has issued Secretarial Order 3447 – Expanding Hunting and Fishing Access, Removing Unnecessary Barriers, and Ensuring Consistency Across the Department of Interior Lands and Waters. This sets a department wide ...

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Georgia: Senate Passes Bill to Strengthen Firearms Preemption

Wednesday, January 14, 2026

Georgia: Senate Passes Bill to Strengthen Firearms Preemption

On Tuesday, January 13th, the Senate passed Senate Bill 204, concurring with House amendments to include stronger firearms preemption language.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.