New York’s background check system is designed to ensure the legality of firearm and ammunition purchases. The New York State Police mandates rigorous checks for all transactions to ensure that law-abiding citizens can safely purchase ammo and guns while aiming to reduce gun violence across the state.
NY’s Role as a POC State for NICS
As a Point of Contact state for the National Instant Criminal Background Check System (NICS), the state of New York takes an active role in firearm and ammunition background checks. NYSP works directly with NICS and state databases to conduct these checks, ensuring that all transactions adhere to gun safety laws.
Background Checks for Firearm Purchases
Acquiring a firearm requires not just a state-issued license but also passing a detailed background check as part of the licensing process. These checks are comprehensive, including a detailed review of the applicant’s criminal history, mental health record, and other eligibility criteria. If the licensed dealer’s background check is delayed more than 30 days, they’re allowed to proceed with the transfer – only after this period.
Background Checks for Ammo Purchases
New York also enforces strict background check requirements for ammunition sales. Ammunition sellers must verify a purchaser’s identity using a valid state identification document (ex: drivers license) and contacting the statewide license and record database. This system ensures the transferee’s eligibility to possess ammunition by providing a unique identification number for each approved transfer.
Information Collected in the Background Check Process
Detailed information is collected to assess the eligibility of individuals engaging in ammo and gun purchases.
- Personal identification using a government-issued ID like a drivers license
- Any history of criminal convictions or misdemeanors
- Any history of mental health issues
This collection of data ensures that all individuals have been thoroughly vetted and are in compliance with state and federal law.
Ammunition Registration in New York
Specific regulations govern the registration process for ammunition sellers.
- For Licensed Firearm Dealers: NYSP will automatically register licensed dealers as a seller of ammunition. Their FFL number will serve as the registration number, requiring no additional action on their part.
- For Non-Licensed Dealers: These individuals must actively register by completing the Seller of Ammunition Registration form, ensuring that all sales are conducted by individuals/entities who are authorized under state law.
FastBound’s Solutions
Since 2010, FastBound has processed more firearm compliance transactions for more FFLs than any other provider. We offer advanced solutions to automate state background checks for FFL, providing innovative record-keeping tools and simplifying ATF compliance for users.
Frequently Asked Questions
Yes, a firearm dealer or ammunition seller cannot sell to an individual unless they have first passed the state background check.
Individuals have 30 days to initiate an appeal to the NYS NICS system. They are required to enter their name, state transaction number, and reason for appeal. The New York State Police then evaluates your claim and decides whether to overturn the denial.
When initiating the background check, firearm dealers may charge up to $10 per transaction.
In 2023, the Supreme Court denied a legal challenge related to the Concealed Carry Improvement Act and the requirements of ammo background checks. Gun shops argued that background checks stood against Second Amendment rights, but this argument was denied.