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New York ammunition private sales/ restrictions

10K views 15 replies 6 participants last post by  whirlibird 
#1 ·
So I'm in Wally World today, picking up a little ammo and the guy behind me is loudly proclaiming that he has a buddy that comes to Ohio on a regular basis and is making a fortune buying ammunition and then reselling it in New York.
Supposedly he goes every week. He then went on to complain about gun grabbing liberals, using a number of colorful phrases.

It was a pretty strange encounter. (I keep wondering if someone was secretly recording.)

I was under the impression that private sales of ammo was to be stopped but I can't find anything official. Anyone have the scoop?
 
#2 ·
http://www.governor.ny.gov/nysafeact/gun-dealers

Q: I currently sell ammunition. Can I continue selling it?
A: Yes, if you are a dealer in firearms licensed pursuant to section 400.00 of the New York State Penal Law (i.e., you have a New York State firearms dealer license) or you are a Federal Firearms Licensee (FFL), you will be automatically registered by the New York State Police as a seller of ammunition and do not need to take any further action. Your FFL number will serve as your registration number.

If you are not currently a New York State firearms dealer or an FFL, you must complete the registration form [HERE] by January 15, 2014.

Q: Is there any background check now required for purchasers of ammunition?
A: Not yet. The SAFE Act provides that background check and record keeping requirements imposed on all retail sellers of ammunition are scheduled to take effect 30 days after the Superintendent of the New York State Police certifies that a statewide license and record database is operational for such a process. That certification has not yet been made as the system is being developed. Therefore, there is no set start date for that element of the law to begin. All sellers of ammunition will receive advance notice before the certification is made in order to ensure a smooth process.

Q: Do sellers of ammunition have to keep records on the sale of ammunition?
A: Not yet. Sellers of ammunition will not be required to keep records associated with the sale of ammunition or run background checks until the database has been certified as operational for such purposes. All sellers of ammunition will receive advance notice before the certification is made in order to ensure a smooth process.



http://www.governor.ny.gov/press/01152013-outline-of-nys-groundbreaking-gun-legislation
To track high-volume ammunition purchasers, the legislation will make New York the first state in the nation to track ammo purchases in real time. All dealers in ammunition must be registered with the State Police, and each sale will require both a state background check and transmission of a record of the sale to State Police, so as to enable alerts of high volume purchases. Ammunition records will be purged within a year of submission. Dealers must report any loss of inventory. The legislation will also include a ban on direct internet sales of ammunition. Ammunition ordered over the internet must be delivered in a face-to-face transaction with a firearms dealer and the purchaser will be subject to the state background check. The Aurora shooter reportedly amassed 6000 rounds through direct online purchases.

Don't take this wrong, but you are living in the wrong state.
 
#9 ·
I suspect the private sale of ammo is still in the gray area like the loopholes to make an AR legal in NY. They are trying to get the background check system going for ammo sales, which would nix any private sales at that point. Currently only the online sales to NY for ammo is "properly" working.

Ammo sales are still legal between private individuals for the time being
 
#13 ·
For upstate, it is still the gray area I mentioned during the transition to the totalitarianism regime. I currently reside in NY. Still plenty of private ammo sales on armslist and no background checks for ammo yet. Once the background system is up the ability for private sales will die for sure once the have their way.

The law is written vague in order to confuse everyone, just as the undefined term "detachable magazine" has raised confusion and the recent investigation of the Albion dealer.

The only defined parts are the requirement for a face-to-face transaction of ammo for dealers, which nixed online ammo sales to NY. All "sellers of ammo" are also required to use the state ammo backgroudn check, register with NYSP, and digitally record and transmit all transactions.

Laws regarding this are NY Penal Law 400.03 and 256.00.

A seller of ammo is defined under265.00-24 as:

24. "Seller of ammunition" means any person, firm, partnership,
corporation or company who engages in the business of purchasing,
selling or keeping ammunition.

Ammo is regulated for sale by commercial transfer per 400.03-7

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.

This the current law as it stands in NY.
 
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