NY Penal L § 400.03 (2021)
2021 New York Laws PEN - Penal Part 4 - Administrative Provisions Title W - Provisions Relating to Firearms, Fireworks, Pornography Equipment and Vehicles Used in the Transportation of Gambling Records Article 400 - Licensing and Other Provisions Relating to Firearms 400.03 - Sellers of Ammunition.

§ 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.