Keene Valley, NY – New York’s controversial ammunition background check system, already a subject of frustration for gun owners and dealers, is under fire once again. This time, it’s not just about delays and fees but a new procedural twist that one prominent attorney has called “entrapment.”
Last week, federally licensed firearms dealers in New York discovered a surprising update: customers could purchase ammunition twice a month under a single background check. While this may seem like a convenience for buyers, attorney, and firearms compliance expert, Paloma Capanna sees it as a legal trap. She argues that the change directly contradicts state law, which requires a background check for EACH and EVERY ammunition purchase.
“The New York State Police are essentially telling dealers to break the law,” Capanna said. “This opens them up to fines, misdemeanor charges, and even losing their licenses.”
Entrapment or Error?
Capanna’s sharp criticism is grounded in legal concerns. Under the 2013 SAFE Act, a law introduced under former Governor Andrew Cuomo, ammunition purchases in New York were tied to strict background check requirements. However, the system wasn’t fully operational until Governor Kathy Hochul launched it in 2023. Since then, it’s been plagued by delays, hefty fees, and now, what Capanna calls a potential systemwide violation.
The timing of the update also raised eyebrows. Dealers discovered the change on November 22nd. 2024 —just days before Black Friday, one of the busiest shopping days of the year for gun and ammunition retailers.
“When the NYS Police encourage dealers to bypass the law, it’s either entrapment, incompetence, or a hack,” Capanna added. “There’s no good explanation for this kind of sudden, systemic issue.”
Widespread Frustration Among Dealers & Buyers
The background check system has already been criticized for causing long wait times and inconveniences. Mike Mayhood, owner of Mayhood’s Sporting Goods in Norwich, NY, described how the new system delays transactions for hours or even days. He noted that the process has been so frustrating that some customers have canceled purchases altogether.
“Two customers asked to have their information removed from the registry after experiencing delays, but the state police told me that wasn’t possible,” Mayhood said. He also echoed fears that the system is laying the groundwork for an ammunition registry and potential purchase limits.
A Larger Legal Battle
The state’s ammunition background check law was upheld earlier this year when U.S. District Judge Frank P. Geraci ruled it constitutional, arguing it fit within the country’s “historical tradition of gun regulation.” However, gun rights advocates and many dealers remain skeptical, pointing out inconsistencies and questioning its effectiveness in reducing gun violence.
Some buyers have started crossing state lines to Pennsylvania to avoid the hassle, further hurting New York’s small businesses. Chemung County Sheriff Bill Schrom noted that many residents see the law as redundant and ineffective, particularly when most ammunition buyers have already passed firearm background checks.
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Live Inventory Price Checker
What’s Next?
Capanna, known for her decades of experience in firearms compliance law, has warned dealers to tread carefully. She emphasizes the need for clarity and accountability in enforcing the law. For now, the confusion and contention surrounding New York’s ammunition background check system show no signs of easing.
“Whether it’s intentional or not, this system is eroding trust between citizens, businesses, and the government,” Capanna concluded.
As the controversy continues, New York gun owners and dealers find themselves navigating a maze of legal and logistical hurdles, questioning whether the system truly serves its stated purpose of enhancing public safety or is just a legal trap being set for honest NY gun owners.
New York’s Ammunition Background Check System: An Expensive Wreck?
