The U.S. District Court for the Western District of New York has denied a preliminary injunction against New York’s law requiring background checks for ammunition sales. The denial comes after a motion was made by the New York State Firearms Association to have the new ammunition registry struck alleging it infringes on the right to bear arms under the Second Amendment of the US Constitution. According to the Concealed Carry Improvement Act, which was passed by the state legislature in July 2022, the state police must establish a statewide license and record database specific to ammunition sales. Background checks for ammunition are run by state police at the point of sale at a fee of $2.50 to the purchaser. Sellers of ammunition are required to be licensed and must record information on purchasers of ammunition such as the time of the transaction, the date, name, age, occupation, and residence of the purchaser. Sellers must also record the amount, caliber, manufacturer’s name, and serial number on all ammunition sold. State Attorney General Letitia James lauded the court’s decision. “Our gun safety laws are meant to protect New Yorkers and help the residents of this state live free from gun violence,” said James. “Part of these commonsense laws is a strong background check provision for purchasing ammunition, and this court decision will help keep that effort in place. My office will continue to fiercely defend New York’s gun laws because we know that every New Yorker deserves to feel safe in their home and community.” Aaron Dorr, Executive Director of the New York State Firearm Association said he believes the new law violates the Second Amendment. “This is blatantly unconstitutional. 100%,” he said. “There is zero historical precedent for registering people who buy ammunition. And that goes doubly true for requiring gun owners to pay a tax to the government for the ‘privilege!’” The court’s denial of the motion for a preliminary injunction means that the new law will stay in effect pending the duration of the litigation.
