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
New Mexico: Sweeping Gun Control Bill Passes Senate

Sunday, February 8, 2026

New Mexico: Sweeping Gun Control Bill Passes Senate

Last night, the New Mexico Senate passed an omnibus gun control package by a vote of 21 to 17 that would severely undermine the Second Amendment rights of law-abiding New Mexicans and threaten the viability ...

Virginia: Committee Hearing on Statewide Carry Ban This Friday

Thursday, February 12, 2026

Virginia: Committee Hearing on Statewide Carry Ban This Friday

On Friday, February 13th, the House Public Safety committee will hold a hearing on House Bill 1524, jeopardizing concealed and open carry.

Virginia: Excise Tax on Firearms Continues to Advance, Other Gun Control Stalls

Wednesday, February 11, 2026

Virginia: Excise Tax on Firearms Continues to Advance, Other Gun Control Stalls

As we swiftly approach the legislative crossover deadline in Virginia, radical anti-gun legislators continue to push policies targeting law-abiding gun owners.

Virginia Gun Owners Face Magazine Confiscation!

Monday, February 2, 2026

Virginia Gun Owners Face Magazine Confiscation!

Astute Virginia gun owners anticipated terrible gun control legislation from the 2026 General Assembly. Still, some may be shocked to learn that anti-rights zealots in the Virginia Senate have advanced a bill to CONFISCATE standard capacity firearm ...

New Mexico: Sweeping Gun Control Bill Passes House Committee!

Thursday, February 12, 2026

New Mexico: Sweeping Gun Control Bill Passes House Committee!

Last night, the New Mexico House Commerce & Economic Development Committee passed the omnibus gun control package despite the testimony of FFLs, competitive shooters, and citizenry concerned with their self-defense. SB 17 now moves to ...

Virginia: Gun Control on Senate Floor Today

Monday, February 9, 2026

Virginia: Gun Control on Senate Floor Today

Today, February 9th, the Senate will vote on several gun control bills, including the semi-auto and magazine ban and the industry liability bill.

JP Morgan, in Growing Trend, Backtracks on Anti-Gun Policies

News  

Monday, February 9, 2026

JP Morgan, in Growing Trend, Backtracks on Anti-Gun Policies

Beginning with the Obama-Biden administration, financial institutions developed a troubled relationship with the firearms industry.

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

New Mexico: Sweeping Gun Control Bill Scheduled for a Hearing on Wednesday

Tuesday, February 10, 2026

New Mexico: Sweeping Gun Control Bill Scheduled for a Hearing on Wednesday

Last night, the New Mexico House assigned the omnibus gun control package to the House Commerce & Economic Development Committee for a hearing on Wednesday at 1:30 PM. If signed into law, the legislation would ...

Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

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.