N.Y. Penal Law § 400.03: Sellers of ammunition

§ 400.03 Sellers of ammunition.

1. A seller of ammunition as defined in subdivision twenty-four of

section 265.00 of this chapter shall register with the superintendent of

state police in a manner provided by the superintendent. Any dealer in

firearms that is validly licensed pursuant to section 400.00 of this

article shall not be required to complete such registration.

2. Any seller of ammunition or dealer in firearms shall keep either an

electronic record, or dataset, or an organized collection of structured

information, or data, typically stored electronically in a computer

system approved as to form by the superintendent of state police. In the

record shall be entered at the time of every transaction involving

ammunition the date, name, age, occupation and residence of any person

from whom ammunition is received or to whom ammunition is delivered, and

the amount, calibre, manufacturer's name and serial number, or if none,

any other distinguishing number or identification mark on such

ammunition.

3. No later than thirty days after the superintendent of the state

police certifies that the statewide license and record database

established pursuant to section 400.02 of this article is operational

for the purposes of this section, a dealer in firearms licensed pursuant

to section 400.00 of this article, a seller of ammunition as defined in

subdivision twenty-four of section 265.00 of this chapter shall not

transfer any ammunition to any other person who is not a dealer in

firearms as defined in subdivision nine of such section 265.00 or a

seller of ammunition as defined in subdivision twenty-four of section

265.00 of this chapter, unless:

(a) before the completion of the transfer, the licensee or seller

contacts the statewide license and record database and provides the

database with information sufficient to identify such dealer or seller,

transferee based on information on the transferee's identification

document as defined in paragraph (c) of this subdivision, as well as the

amount, calibre, manufacturer's name and serial number, if any, of such

ammunition;

(b) the system provides the licensee or seller with a unique

identification number; and

(c) the transferor has verified the identity of the transferee by

examining a valid state identification document of the transferee issued

by the department of motor vehicles or if the transferee is not a

resident of the state of New York, a valid identification document

issued by the transferee's state or country of residence containing a

photograph of the transferee.

4. If the database determines that the purchaser of ammunition is

eligible to possess ammunition pursuant to state and federal laws, the

system shall:

(a) assign a unique identification number to the transfer; and

(b) provide the licensee or seller with the number.

5. If the statewide license and record database notifies the licensee

or seller that the information available to the database does not

demonstrate that the receipt of ammunition by such other person would

violate 18 U.S.C. 922(g) or state law, and the licensee transfers

ammunition to such other person, the licensee shall indicate to the

database that such transaction has been completed at which point a

record of such transaction shall be created which shall be accessible by

the division of state police and maintained for no longer than one year

from point of purchase, which shall not be incorporated into the

database established pursuant to section 400.02 of this article or the

registry established pursuant to subdivision sixteen-a of section 400.00

of this article. The division of state police may share such information

with a local law enforcement agency. Evidence of the purchase of

ammunition is not sufficient to establish probable cause to believe that

the purchaser has committed a crime absent other information tending to

prove the commission of a crime. Records assembled or accessed pursuant

to this section shall not be subject to disclosure pursuant to article

six of the public officers law. This requirement of this section shall

not apply (i) if a background check cannot be completed because the

system is not operational as determined by the superintendent of state

police, or where it cannot be accessed by the practitioner due to a

temporary technological or electrical failure, as set forth in

regulation, or (ii) a dealer or seller has been granted a waiver from

conducting such background check if the superintendent of state police

determines that such dealer is incapable of such check due to

technological limitations that are not reasonably within the control of

the dealer, or other exceptional circumstances demonstrated by the

dealer, pursuant to a process established in regulation, and at the

discretion of such superintendent.

6. If the superintendent of state police certifies that background

checks of ammunition purchasers may be conducted through the national

instant criminal background check system or through the division of

state police once the division has been designated point of contact, a

dealer or seller shall contact the division of state police to conduct

such check which shall be sufficient to satisfy subdivisions four and

five of this section.

7. No commercial transfer of ammunition shall take place unless a

licensed dealer in firearms or registered seller of ammunition acts as

an intermediary between the transferor and the ultimate transferee of

the ammunition for the purposes of contacting the statewide license and

record database pursuant to this section. Such transfer between the

dealer or seller, and transferee must occur in person.

8. A seller of ammunition who fails to register pursuant to this

section and sells ammunition, for a first offense, shall be guilty of a

violation and subject to the fine of one thousand dollars and for a

second offense, shall be guilty of a class A misdemeanor.

A seller of ammunition that fails to keep any record required pursuant

to this section, for a first offense shall be guilty of a violation and

subject to a fine of five hundred dollars, and for a second offense

shall be guilty of a class B misdemeanor, and the registration of such

seller shall be revoked.