Explore The NRA Universe Of Websites

APPEARS IN News

NY AG James Sends Threatening Letter to Ammunition Sellers

Monday, November 21, 2022

NY AG James Sends Threatening Letter to Ammunition Sellers

In a move that surprised absolutely nobody, anti-gun New York Attorney General Letitia James (D) announced last week that she would expand her assault on the Second Amendment by targeting ammunition sellers. AG James claimed, “39 ammunition sellers have been shipping ammunition directly to New York residents in violation of New York’s SAFE Act.”

According to a press release from her office, “Attorney General James sent cease and desist orders to these ammunition sellers demanding that they stop shipping ammunition directly to New York and warned them of serious legal consequences if they continue to violate New York’s law.”

The only problem is that how the SAFE Act actually impacts the sale of ammunition in New York remains unclear; even though it was originally signed into law in 2013.

As you may recall, New York’s SAFE Act was introduced, passed, and enacted literally overnight in January of 2013. It received zero legislative scrutiny, and zero opportunity for the public to review the proposal before it was voted on. In fact, few legislators, if any, were even able to carefully read the legislation before a late-night vote was forced upon them.

Of course, given the unprecedented break-neck speed of the legislative process with the SAFE Act—necessary because anti-gun extremists in New York were determined to exploit a recent firearm-related tragedy—the law had serious flaws; besides the obvious attack on law-abiding gun owners and the Second Amendment. Even then-Governor Andrew Cuomo (D)—who helped champion, then signed into law, the SAFE Act—openly admitted mistakes were made with what was arguably the most anti-gun legislative package ever passed; anywhere.

One of those mistakes related to the purchase of ammunition. One of the provisions of the law 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.

More than two years after the law was enacted, though, the database did not exist. This led to the Cuomo Administration entering into a “memorandum of understanding” (MOU) in 2015. The MOU, also signed by then-Senate Majority Leader John Flanagan, noted that then-New York State Police Superintendent Joseph A. D’Amico had informed the legislature “of the lack of adequate technology to allow the Database to operate,” and acknowledged that “the [ammunition] Database cannot be established and/or function in the manner originally intended at this time.” As a result, the MOU purports to suspend the provisions of the law referencing “the use” of the statewide ammunition database.

At the time of the Cuomo MOU, how that document impacted online sales and home delivery of ammunition was never clarified. While some reported the MOU ended the SAFE Act’s ban on internet sales of ammunition, Cuomo’s office released an “explanation” that only muddied the waters, stating, “The memorandum can in no way supersede 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.”

Seven years later, and nearly a decade after the SAFE Act’s passage, the database STILL does not exist, and there remains confusion over how the SAFE Act impacts ammunition.

Which brings us back to AG James.

While her office has done little, if anything, with relation to the ammunition provisions in the SAFE Act during her four years as AG, her recent press release indicates she is now looking at online sellers of ammunition.

So, what changed?

Earlier this year, New York Governor Kathy Hochul (D) held a press conference to discuss what New York was doing in response to the landmark New York State Rifle & Pistol Association, Inc. v Bruen decision handed down by the Supreme Court of the United States (SCOTUS).

Of course, rather than accept the ruling, and have New York’s laws conform to it, Hochul demanded the New York Legislature defy the SCOTUS decision. Just as was done with the SAFE Act nearly a decade earlier, the New York Legislature forced another anti-gun bill through with little, if any, consideration.

Although Hochul’s new law, misleadingly titled the “Concealed Carry Improvement Act,” does not address the sale of ammunition, it was during that aforementioned press conference Hochul used to announce her flaunting her contempt of SCOTUS that may have shed some light on the recent actions of AG James.

Hochul declared, while ranting about the Bruen decision, that she had discovered the old Cuomo MOU. She claimed the MOU “blocked the State from taking critical measures to keep ammunition away from criminals.” She then stated, “So we are literally tearing it up and New York will now require and conduct background checks for all ammunition purchases.”

It remains to be seen how she will “require and conduct background checks for all ammunition purchases” when the necessary database for implementation of that aspect of the SAFE Act still does not exist.

Perhaps more noteworthy, though, is the fact that AG James had not done anything to act on what she claims to be violations of the SAFE Act allegedly committed by ammunition sellers until AFTER Hochul declared the Cuomo MOU no longer in effect.

It is certainly conceivable that the 29 ammunition sellers James has said she is targeting have been operating in a manner that they believed was in complete compliance with the SAFE Act and the Cuomo MOU. And considering the stridently anti-gun positions James has held for years, it is also conceivable that she, too, felt that these sellers were in compliance for the four years since she became AG, and is only now taking action because Gov. Hochul rescinded the MOU.

This is obviously a developing story, so we will be sure to keep you apprised of anything new to report as information becomes available.

TRENDING NOW
Michigan: Governor Whitmer Signs Bill Funding Tipline to Turn in Gun Owners

Thursday, October 10, 2024

Michigan: Governor Whitmer Signs Bill Funding Tipline to Turn in Gun Owners

Today, Governor Whitmer signed House Bill 5503. Originally a bill providing critical funding for Michigan schools, it was politicized with an amendment to create an anonymous tipline for the purpose of reporting the "unsafe" storage of firearms. The ...

Kamala for Gun Confiscation: In Her Own Words

News  

Monday, September 16, 2024

Kamala for Gun Confiscation: In Her Own Words

During the September 10 presidential debate, President Donald Trump correctly highlighted Democratic presidential nominee Kamala Harris’s support for gun confiscation. A visibly defensive Harris claimed, “We're not taking anybody's guns away. So stop with the ...

Kamala Harris Claims to Own a Glock, But Supported Handgun Bans for YOU!

News  

Monday, October 14, 2024

Kamala Harris Claims to Own a Glock, But Supported Handgun Bans for YOU!

In a lame attempt to run away from her radical anti-gun and anti-Second Amendment record, Democratic presidential nominee Kamala Harris has spent the last several weeks claiming that she is a gun owner.

Kamala Harris is an Existential Threat to the Second Amendment and Supports Gun Confiscation

News  

Monday, July 29, 2024

Kamala Harris is an Existential Threat to the Second Amendment and Supports Gun Confiscation

Since President Joe Biden unceremoniously dropped out, or was forced out, of the 2024 presidential race on July 21, Vice President Kamala Harris has been effectively coronated as the Democratic presidential nominee.

New York: Gov. Kathy Hochul Continues Attack On Gun Owners

Thursday, October 10, 2024

New York: Gov. Kathy Hochul Continues Attack On Gun Owners

Anti-gun legislators in Albany offered more proof that their gun control schemes are about political theater rather than public safety. Today, Governor Hochul signed S.8479, months after this bill passed both chambers and just weeks away ...

True Colors: Kamala Chameleon and Her Gun Control Allies

News  

Monday, October 14, 2024

True Colors: Kamala Chameleon and Her Gun Control Allies

America’s voters don’t care for gun control. That much is obvious even to the Democrats’ presidential candidate, Kamala Harris.

President Donald J. Trump to Deliver Keynote Address At NRA’s Defend the 2nd Event in Savannah, GA

News  

Friday, October 4, 2024

President Donald J. Trump to Deliver Keynote Address At NRA’s Defend the 2nd Event in Savannah, GA

Today, the National Rifle Association of America (NRA) announced that President Donald J. Trump will serve as the special guest keynote speaker at the NRA’s “Defend the 2nd” event in Savannah, GA, on Tuesday, October ...

Biden Executive Order has First Amendment Implications

News  

Tuesday, October 8, 2024

Biden Executive Order has First Amendment Implications

As NRA-ILA noted last week, President Joe Biden has signed an executive order creating a “task force” bent on “combatting emerging firearm threats,” that purports to target “machinegun conversion devices and unserialized, 3D-printed firearms.”

Rogues’ Gallery

News  

Tuesday, October 8, 2024

Rogues’ Gallery

Oh, dear. A high profile member of America’s most prominent gun control empire has been in the news lately, and for all the wrong reasons.

Kamala Harris’ Record on Gun Control and Second Amendment

News  

Thursday, October 3, 2024

Kamala Harris’ Record on Gun Control and Second Amendment

Vice President Kamala Harris has consistently campaigned for draconian gun control laws, which severely limit the rights of lawful gun owners.

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.