A New York State law that requires background checks for ammunition purchases went into effect on September 13, 2023, and has been a disaster from the start.
The New York State Police Department is handling this new background check system for ammunition and has taken over background checks for all New York firearm purchases. Background checks typically went through the Federal Government (FBI NICS), where a gun registry is illegal. New York State has now taken that background check system for all NY gun purchases, bypassing the Federal Government and sending private and personal information directly to the New York State Police Department.
The State of New York is requiring firearm purchasers to pay $9 for their own firearm background check and $2.50 for each ammunition background check. Aside from the burden of additional costs for the privilege of being infringed upon, FFLs and gun owners have had a whole list of concerns related to this new legislation. Some of those include the possibility of purchase delays, poor handling of private data, and the concern that New York State will be building a database of gun owners to be used for future confiscations or harassment. It appears those concerns are starting to come true.
As reported by Matt Mallory from this weekend’s Syracuse Gun Show, we’ve learned that background check approvals take hours for average gun owners. Yet, truck drivers, NY Enhanced DL, and NY Security Guards are being approved almost instantly. Could this be to prevent disruption in other areas of New York business, as to avoid backlash from other industries while maintaining a level of difficulty for the average gun owner?
Right from the beginning, the new system has been problematic, with excessive delays and denials, just as everyone expected. Bill Robinson from The 2nd Amendment Radio Show and Gun Owners of America – NY said;
“I have visited nine gun shops throughout the state of NY and all are experiencing excessive delays, some up to 6 hours, causing some purchasers to give up and walk out. This is the same for ammunition sales as well as gun sales.”
This will put many FFL’s out of business due to the fact that they cannot sell their products because of this faulty system.
That would seem to be the intended plan by the Democrats in the State Legislature all along. One gun dealer at the Syracuse gun show said he did not sell one single firearm or one box of ammunition the entire day because purchasers did not feel comfortable giving their private information to Hochul and her State Police Department. The Syracuse Fairgrounds Gun show had the lowest attendance in its history because of this new law. Congratulations Democrats, your plan is working…for now.
The plaintiffs in the Gazzola v. Hochul lawsuit filed an Emergency Motion on August 29, 2023, to the Second Circuit Court of Appeals in Manhattan, seeking an immediate injunction to stop the Governor and the NYS Police from their intended take-over of the firearms background check system, the launch of the ammunition background check system, and the investigation of federally licensed dealers in firearms through the NYSP “Joint Terrorism Task Force.”
That motion was denied.
The Plaintiff then filed a request for an emergency application for a reversal of the injunction denial and an administrative stay from the Supreme Court. The emergency application was originally filed to Justice Sotomayor, who is responsible for hearing these types of applications from the 2nd Circuit. She denied the application on her own the very next day without presenting it to the full court for consideration. The Plaintiffs and their Attorney, Paloma A. Capanna, then re-submitted the application to Justice Clarence Thomas, who has been a friend of the 2nd Amendment and gave us the “historical tradition” precedent in his Bruen decision. The rules allow for Plaintiffs to resubmit to the Justice of their choice if the responsible Justice denies an application upon first submission, as it was in this filing. As of today, we are waiting to hear Justice Thomas’ decision on whether or not we will get this awful new law halted while it goes through the court system in the hopes of being overturned altogether.
About Dan Wos, Author – Good Gun Bad Guy
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Dan Wos is a nationally recognized 2nd Amendment advocate, Host of The Loaded Mic and Author of the “GOOD GUN BAD GUY” book series. He speaks at events, is a contributing writer for many publications, and can be found on radio stations across the country. Dan has been a guest on Newsmax, the Sean Hannity Show, Real America’s Voice, and several others. Speaking on behalf of gun-rights, Dan exposes the strategies of the anti-gun crowd and explains their mission to disarm law-abiding American gun-owners.