Prohibits the purchase of ammunition if such purchaser failed a background check, is prohibited by federal law or is subject to a temporary or extreme risk protection order issued pursuant to article sixty-three-A of the civil practice law and rules.
Summary
S07236 would amend New York’s Penal Law to require denial of an ammunition background check when the purchaser is legally barred from possessing a shotgun or rifle under state law, federal law, or is subject to a temporary or final extreme risk protection order under New York’s red flag law. In practical terms, the bill ties ammunition eligibility to existing firearm-prohibition categories, so a person who cannot lawfully possess certain long guns would also be blocked from buying ammunition.
The bill is narrowly focused on ammunition sales and does not create a new background check system; instead, it changes the outcome of an existing check by adding explicit denial criteria. It would take effect immediately upon enactment and would affect ammunition purchasers, dealers conducting the checks, and law enforcement or state systems used to determine prohibited status.
Impact
The bill would amend section 400.03 of the Penal Law by adding a new ground for denial of ammunition background checks. It would align ammunition purchase restrictions with existing state and federal firearm prohibitions, including prohibitions under 18 U.S.C. § 922(g) and New York’s extreme risk protection order provisions in article 63-A of the CPLR. The main legal effect is to expand the categories of people who may be denied ammunition purchases, reinforcing enforcement of existing disqualification rules rather than creating a separate substantive firearms offense.
Sentiment
Based on the bill text and the absence of recorded committee debate or votes, the measure appears to be presented as a public-safety and gun-violence-prevention bill. Its framing suggests support from lawmakers concerned with closing loopholes between firearm possession restrictions and ammunition access. There is no documented opposition in the provided materials, but the bill’s subject matter is the kind that often draws debate over gun rights, due process, and the scope of background-check-based restrictions.
Contention
The likely point of contention is whether ammunition access should be restricted whenever a person is prohibited from possessing a shotgun or rifle, including under federal law or an extreme risk protection order. Supporters would view this as a logical extension of existing firearm prohibitions to prevent prohibited persons from arming themselves indirectly, while critics may argue that it broadens restrictions on lawful commerce, depends on the accuracy of background-check systems, and may raise concerns about procedural fairness in red flag order cases. No specific objections or sponsors’ remarks are included in the provided record.
Same As
Prohibits the purchase of ammunition if such purchaser failed a background check, is prohibited by federal law or is subject to a temporary or extreme risk protection order issued pursuant to article sixty-three-A of the civil practice law and rules.
Prohibits the purchase of ammunition if such purchaser failed a background check, is prohibited by federal law or is subject to a temporary or extreme risk protection order issued pursuant to article sixty-three-A of the civil practice law and rules.
Relates to extreme risk protection orders; defines "exception"; authorizes a police officer or district attorney to file an application for an extreme risk protection order if found that a person meets the requirements of an exception pursuant to section 6340 of the civil practice law and rules; makes related provisions.
Relates to extreme risk protection orders; defines "exception"; authorizes a police officer or district attorney to file an application for an extreme risk protection order if found that a person meets the requirements of an exception pursuant to section 6340 of the civil practice law and rules; makes related provisions.