PL 400.03:
Sellers of Ammunition

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 Originally enacted as part of the NY SAFE Act, Section 400.03 was amended by the Concealed Carry Improvement Act (CCIA) of 2022 to change its record-keeping and background-check provisions. It requires seller registration and a database contact before covered transfers to a person who is not a licensed firearms dealer or registered ammunition seller. The statute includes separate rules for licensed firearms dealers, system outages, and waivers.^[1]

Seller Registration

A seller of ammunition as defined by Penal Law Section 265.00 must register with the Superintendent of State Police in the prescribed manner. A firearms dealer validly licensed under Section 400.00 is not required to complete that separate registration.^[2]

Background Check Requirements

Before completing a covered transfer to a person who is not a licensed firearms dealer or registered ammunition seller, the transferor must contact the statewide license and record database and provide the information required by the statute. The background-check requirement does not apply during a qualifying system outage or temporary technological or electrical failure, or when the Superintendent has granted a waiver for specified technological or exceptional circumstances.^[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 in effect for covered transfers, subject to the statutory exceptions.

See also: Ammunition Background Check Requirement