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
Texas: A Flurry of Anti-Gun Bills Introduced on the First Day of Prefiling

Monday, November 9, 2026

Texas: A Flurry of Anti-Gun Bills Introduced on the First Day of Prefiling

Prefiling of legislative bills for the 2027 Regular Session of the Texas State Legislature began today. On the first day alone, legislators filed roughly 35 firearm-related bills, with the vast majority aimed are infringing on ...

DOJ Files Amicus Brief Supporting NRA-Backed Challenge to IL’s Ban on “Assault Weapons” and “Large-Capacity Magazines”

Tuesday, June 17, 2025

DOJ Files Amicus Brief Supporting NRA-Backed Challenge to IL’s Ban on “Assault Weapons” and “Large-Capacity Magazines”

Last Friday, the U.S. Department of Justice filed an amicus brief in the Seventh Circuit supporting an NRA-backed challenge to Illinois’s prohibition on so-called “assault weapons” and “large-capacity magazines.”

Buckle Up, Friends: DOJ Opens New 2A Division, Promises “A Lot More Action” to Safeguard Rights

News  

Monday, December 15, 2025

Buckle Up, Friends: DOJ Opens New 2A Division, Promises “A Lot More Action” to Safeguard Rights

In a landmark accomplishment in furtherance of President Donald J. Trump’s Executive Order on the Second Amendment, the U.S. Department of Justice (DOJ) has announced the creation of a new section under its Civil Rights Division - ...

Trump Administration Loses Two of its Brightest Second Amendment Lights

News  

Monday, November 9, 2026

Trump Administration Loses Two of its Brightest Second Amendment Lights

Along with other difficult tidings, the last couple of weeks brought the unfortunate news that two key figures in the Trump administration’s Second Amendment Renaissance were leaving government service. 

Trump DOJ to Investigate Los Angeles County Sheriff’s Department for Permit Delays

News  

Monday, March 31, 2025

Trump DOJ to Investigate Los Angeles County Sheriff’s Department for Permit Delays

The United States Supreme Court, in its landmark Bruen decision recognizing a right to carry in public for self-defense, did not foreclose shall-issue licensing as being consistent with the Second Amendment.

The Election is Over: Now the Real Work Begins

News  

Wednesday, November 4, 2026

The Election is Over: Now the Real Work Begins

While the complete picture from the 2026 midterm elections is still emerging, the results, to say the least, were not what gun owners wanted. Anti-gun forces took control of the U.S. Senate and House of ...

Virginia Attorney General Jay Jones Reveals Ignorance on Basic Firearms Technology

News  

Monday, November 9, 2026

Virginia Attorney General Jay Jones Reveals Ignorance on Basic Firearms Technology

Back in 2019, David Harsanyi penned an article titled, If You’re Trying To Ban Guns, The Least You Can Do Is Learn The Basics, which focused on complaints of “gunsplaining” by gun control advocates objecting ...

Arizona: Anti-Gun Lawmakers Waste No Time Taking Aim at Second Amendment Rights

Friday, November 6, 2026

Arizona: Anti-Gun Lawmakers Waste No Time Taking Aim at Second Amendment Rights

Just hours after Election Day, anti-gun lawmakers in Arizona are already signaling plans to pursue gun control in 2027, leaving law-abiding Arizonans to face the harsh reality that a consequential legislative session lies ahead.  

Beyond Colorado: DOJ Lawsuits Herald a National Defense of the Second Amendment

News  

Monday, May 11, 2026

Beyond Colorado: DOJ Lawsuits Herald a National Defense of the Second Amendment

Assistant U.S. Attorney General Harmeet Dhillon and her newly hired brigade of Second Amendment attorneys at the U.S. Department of Justice (DOJ) Civil Rights Division Second Amendment Section are clearly ready to work. 

The Election is Over: Now the Real Work Begins

News  

Wednesday, November 4, 2026

The Election is Over: Now the Real Work Begins

While the complete picture from the 2026 midterm elections is still emerging, the results, to say the least, were not what gun owners wanted. Anti-gun forces took control of the U.S. Senate and House of ...

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.