by Joseph P. Tartaro
Executive Editor
Background checks for ammunition sales as required under New York’s Secure Ammunition and Firearms Enforcement (SAFE) Act won’t start anytime soon, New York State Police Superintendent Joseph D’Amico told lawmakers in Albany on Feb. 5, according to various Capitol news reports.
In addition, other provisions of the controversial SAFE Act pushed hastily through the state Legislature by Gov. Andrew Cuomo in January 2013 also appear to be on indefinite hold. A State Police spokesman told TGM that the recertification of previously “gooduntil-revoked” concealed pistol licenses also was on hold.
The SAFE Act called for the recertification of all handgun licenses every five years starting in early 2014, but as of mid-February no schedule has been announced by the State Police, and it is unclear whether the proposed but delayed ammo background check technology also would be used to aid in recertifying, or renewing, an estimated 500,000 handgun licenses issued throughout the state.
D’Amico also told lawmakers that he has instructed State Police officers not to enforce the seven-round magazine limit because of uncertainties arising out of a federal court order last December, as previously reported in TheGunMag.
In addition, the state Sheriffs’ Association in January had advised its members to not enforce the sevenround magazine limit law because of the judge’s ruling, and even Cuomo has said that the decision is binding until reversed on appeal
Chief US District Judge William M Skretny for the Western District of New York upheld key portions of the SAFE Act in a suit brought by the New York States Rifle & Pistol Association, but rejected the provision that reduced from 10 to seven the number of rounds permitted in gun magazines. He called that provision “tenuous, strained and unsupported.’’ The Cuomo administration is reportedly appealing that ruling, and other appeals could be filed by both pro and anti-gun forces.
However, that is not the only suit targeting all or part of the controversial gun law. The Second Amendment Foundation and SCOPE New York, with many individual plaintiffs, have a suit challenging the seven-round limit pending in a different federal district court, and a variety of other suits have been filed in state and federal courts .
From March through mid-December, 38 people across the state were arrested or arraigned on the SAFE Act’s seven-round magazine limit, according to data from the state Division of Criminal Justice Services.
Now district attorneys in several of the state’s 62 counties, who have considered mixed readings of the Skretny’s decision, may be forced to deal with those arraignments on a case by case basis.
The SAFE Act required background checks on ammunition sales at point of purchase with vendors required to keep records of sales beginning in January 2014. However, D’Amico’s office had announced early last fall that it had not yet finalized a background check system as required by the act. The National Instant Check System cannot be used for the state’s ammunition background check requirement.
“We’re not ready to do it,” D’Amico told lawmakers at the budget hearing. “When we are, we will give ample notice.” The part of the law dealing with ammunition sales had no mandated effective date, D’Amico confirmed. So state police are working with various sources and stakeholders to create a system that is “seamless” for businesses and customers, he reported.
“It can’t bring the transaction to a halt,” he said during the Albany hearing.
For now, it is still unclear whether the state’s ammo purchase background checks will require dealers to buy extra equipment once the system is in place. D’Amico said the intention of the law is not to cause extra costs to dealers. But he couldn’t say for sure what would happen because the solution doesn’t yet exist.
The current state police budget includes an extra $3.2 million for non-uniformed staff to implement the gun laws. So far, D’Amico said, 19 people have been hired to help with gun registrations, background checks on mental health patients and other information technology costs. In addition, another $3.2 million is earmarked for the program in the new budget proposal expected to be approved by April 1.
D’Amico said he has not found a system yet that will work without possibly inconveniencing either the ammunition customer or the retailer.
“It can’t bring the transaction to a halt,” D’Amico said of whatever background check system the state eventually embraces. He said the system he wants must be “absolutely seamless” during the transaction.
The Buffalo News reported that D’Amico declined to speculate on possible fees that the state might charge ammunition retailers—who would then pass those costs on to consumers in some way or another— for running the ammunition background checks.
Gun rights groups have claimed they have heard speculation that charges of up to $10 per background check could go into place, something that would become a burden on small ammunition purchases.
