New York Penal Law Section 400.03 establishes the regulatory framework for ammunition sales in New York State. Originally enacted as part of the NY SAFE Act and substantially expanded by the Concealed Carry Improvement Act (CCIA) of 2022, Section 400.03 requires that ammunition sellers register with the state and conduct background checks on every purchaser before completing a transfer.[1]
Seller Registration
Any person or entity that sells ammunition must register with the Superintendent of State Police in a manner prescribed by the superintendent. However, a dealer in firearms who holds a valid license under Section 400.00 is not required to complete a separate registration -- the existing firearms dealer license satisfies this requirement.[2]
Background Check Requirements
Before completing any ammunition transfer, the seller must contact the statewide license and record database and provide information sufficient to identify the transferee, including details from the transferee's identification document, as well as the amount, caliber, manufacturer's name, and serial number (if applicable) of the ammunition being sold. If the Superintendent of State Police has certified that background checks of ammunition purchasers may be conducted through the National Instant Criminal Background Check System (NICS) or through the Division of State Police as the designated point of contact, the seller must contact the Division of State Police to conduct the check.[3]
In-Person Transfer Requirement
No commercial transfer of ammunition may occur unless a licensed firearms dealer or registered ammunition seller acts as an intermediary between the transferor and the ultimate transferee for purposes of conducting the background check. The transfer must take place in person. This requirement effectively prohibits direct-to-consumer online ammunition sales that bypass a licensed intermediary.[4]
Record-Keeping
Sellers must maintain records of each ammunition transaction, including the identity of the purchaser, the date of the transaction, and the details of the ammunition transferred. These records must be made available to law enforcement upon request.[2]
Legal Challenges and Current Status
The ammunition background check requirement has been challenged in federal court. In New York State Firearms Association v. James, plaintiffs argued that the requirement infringed on the Second Amendment. The U.S. District Court for the Western District of New York denied the plaintiffs' motion for a preliminary injunction, and the Second Circuit upheld that decision. In 2025, Attorney General James announced a court victory defending the ammunition background check law.[5] The ammunition background check requirement remains fully enforceable as of March 2026.
See also: Ammunition Background Check Requirement