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
Bloomberg Dismisses Texas Hero, Insists It Wasn’t His “Job” to Have a Gun or Decide to Shoot

News  

Monday, January 6, 2020

Bloomberg Dismisses Texas Hero, Insists It Wasn’t His “Job” to Have a Gun or Decide to Shoot

Jack Wilson – a 71-year-old congregant of the West Freeway Church of Christ in White Settlement, Tex. – is a hero to most Americans. When a deranged man savagely murdered two of Mr. Wilson’s fellow ...

Wednesday, January 15, 2020

Alert! Florida REPUBLICAN Senators Vote for Massive Gun Control Bill

On Monday, 1/13/20, it happened again.  Senate President Bill Galvano picked a fight with Floridians who believe in the constitutional Right to Keep and Bear Arms. It is well known -- even by the media ...

Virginia: Bill Filed to Eliminate Right-to-Carry Permit Reciprocity!

News  

Tuesday, January 14, 2020

Virginia: Bill Filed to Eliminate Right-to-Carry Permit Reciprocity!

In an unhinged effort to attack Virginians’ Second Amendment rights, one member of the Michael Bloomberg-bought General Assembly is willing to undermine a bipartisan policy advanced by the previous Democratic governor and target one of the state’s ...

Grassroots Ramp Up Continues in the Old Dominion

News  

Friday, January 10, 2020

Grassroots Ramp Up Continues in the Old Dominion

Virginia’s General Assembly officially kicked off on January 8th, and the newly-controlled anti-gun legislative body is wasting no time in pushing its crusade against our gun rights.  Facing a barrage of bills anathema to our ...

Washington: “Gun-Free Zone” Bill on Senate Floor

Wednesday, January 15, 2020

Washington: “Gun-Free Zone” Bill on Senate Floor

On January 13th, the Washington Senate pulled Senate Bill 5434 from the Senate Rules Committee back to the floor, where it can receive a vote at any time. SB 5434 was retained as a carry-over ...

Breaking! Federal Court Finds California Magazine Ban Violates the Second Amendment

News  

Friday, March 29, 2019

Breaking! Federal Court Finds California Magazine Ban Violates the Second Amendment

In one of the strongest judicial statements in favor of the Second Amendment to date, Judge Roger T. Benitez of the U.S. District Court for the Southern District of California determined on Friday that California’s ...

Virginia: Senate Judiciary Committee* Passes Anti-Gun Bills

Monday, January 13, 2020

Virginia: Senate Judiciary Committee* Passes Anti-Gun Bills

The Virginia Senate Judiciary Committee met today and wasted no time in passing gun control bills as their first order of business.

Virginia: Senate Voting On Anti-Gun Bills Today!

Wednesday, January 15, 2020

Virginia: Senate Voting On Anti-Gun Bills Today!

The anti-gun majority continues to fast track their agenda. On January 16th, the full Virginia Senate will be holding floor votes on the gun control bills that only left committee on Monday.

Virginia: General Assembly Passes Capitol Gun Ban

Friday, January 10, 2020

Virginia: General Assembly Passes Capitol Gun Ban

Days before law-abiding citizens are set to go to Richmond to urge lawmakers to defend their rights, the new anti-gun majority of the Virginia General Assembly has passed an immediate gun ban for the Pocahontas Building and the ...

Washington: Additional Hearing Scheduled on Gun Ban Bills

Thursday, January 16, 2020

Washington: Additional Hearing Scheduled on Gun Ban Bills

On Tuesday, January 21st, at 10AM, the House Civil Rights & Judiciary Committee will consider several anti-gun bills that would severely restrict the Constitutional Rights of law-abiding Washingtonian citizens. This hearing comes just one day ...

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.