2023 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 either an
electronic record, or dataset, or an organized collection of  structured
information,  or  data,  typically  stored  electronically in a computer
system approved as to form by the superintendent of state police. In the
record 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.
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  or  through  the  division  of
state  police  once the division has been designated point of contact, a
dealer or seller shall contact the division of state police  to  conduct
such  check  which  shall be sufficient to satisfy subdivisions four and
five of this section.
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.