Firearms dealers in New York state are in a quandary. It is one of a handful of states that passed new legislation after last year’s Supreme Court Bruen decision.
Every new gun control law was an attempt to circumvent the high court’s intent to restore the nation’s Second Amendment rights. And in New York’s case, lawmakers cared little for the practicality of the laws as long as they were passed.
Retailers, in the words of Dean Adamski of DD’s Ranch Gun Store in Alden, “don’t know what’s going on.”
He referred to the state’s pending enforcement of the 2022 Concealed Carry Improvement Act — which was anything but an improvement. According to the National Rifle Association, there are two significant changes that retailers and gun owners must shortly adjust to.
The first is the removal of the FBI from the state’s background check procedures for firearm purchases. Instead of solely relying on the national NICS checks, the New York State Police will conduct all background investigations spurred by firearm or ammunition transactions.
NICS will still be utilized along with a coming “statewide license and record database.” This is a nebulous effort to add a layer to the already existing background check procedure, undoubtedly to carry out state lawmakers’ anti-gun agenda.
Now state police will be the “point of contact” for these checks. The law mandated the creation of a “centralized bureau” to conduct these actions, and requests for background checks must be submitted to state police. The 60-day period to establish the system is already in force and will expire on Sept. 13.
This seemingly is when the new protocol will be in place. The state will now charge fees for checks concerning firearms purchases and transfers. The cost for the once-free service is $9 for a weapon purchase check and $2.50 for an ammunition check.
The second change requires background checks for ammunition transfers by “sellers of ammunition.” A state database will be utilized as federal law only allows the NICS system to be used for firearm transactions.
This change is based on the SAFE Act of 2013. So, why is it being implemented 10 years later? When it was passed, New York could not cobble together a system to make the background checks work for ammunition transfers.
Therefore it was put on hold. Now, leaders apparently believe a process is ready to be operational. Firearm retailers are not so sure.
Adamski said there is little known about the new system which is just weeks from rolling out. “ We’re less than 30 days away from this, and they haven’t sent dealers letters or anything like that. The thing that I’m hearing just like you’re hearing: we’re seeing it online from alleged lawyers here that talk to the state police, something like that.”
He declared that dealers do not know details of the new system or how the background checks will be conducted. Even if they will be carried out by phone or online is unknown.
The gun dealer said that he’s heard that the old system goes away on Sept. 13. At that point the federal government will sever the link between New York gun dealers and the NICS system as it is now designed to have the state serve as a middleman.
One state senator, George Borrello, told reporters that the uncertainty was predictable. “Either this is on purpose, to create more confusion and to discourage the legal possession of firearms, or it’s ineptness. It’s one or the other, and I don’t blame the state police. I’m certain that they have other things to be doing.”