§ 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 a record
book approved as to form by the superintendent of state police. In the
record book 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. The record book shall be maintained on the premises
mentioned and described in the license and shall be open at all
reasonable hours for inspection by any peace officer, acting pursuant to
his or her special duties, or police officer. Any record produced
pursuant to this section and any transmission thereof to any government
agency shall not be considered a public record for purposes of article
six of the public officers law.
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, use of that system by a dealer
or seller shall be sufficient to satisfy subdivisions four and five of
this section and such checks shall be conducted through such system,
provided that a record of such transaction shall be forwarded to the
state police in a form determined by the superintendent.
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.
