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« Up and working | Main | Best of 911 calls »

New York and ammunition

Posted by David Hardy · 27 December 2013 04:47 PM

This via NRA Director Tom King:

Fellow Gun Owners,

I just confirmed this with the SAFE Act Hot Line 855-LAW-GUNS.
When the recently postponed background check for the purchase of ammunition becomes effective there will be a $10 charge for each background check. According to the NY State Police the system will be up shortly and they stated the $10 fee will soon be raised $20.

13 Comments | Leave a comment

Frank Masotti | December 27, 2013 7:10 PM | Reply

Well it seems like New York state will be the first disarmed state in the Union. Followed by California, I'm sure.

Gospodin | December 27, 2013 8:50 PM | Reply

Time for mail-order, methinks.

KM | December 27, 2013 9:48 PM | Reply

I'm so glad I live in AZ!

DEA | December 28, 2013 6:26 AM | Reply

Glad I live in GA, though NY was probably once as free as GA-those of us in free America need to redouble our vigilance.

JM | December 28, 2013 8:22 AM | Reply

We really need a contest for this kind of blatant infringement. There is no reason for a background check for ammunition sales, I think we all agree, and certainly no rational basis for a $10 or $20 charge for each check, except to discourage ammunition purchase.

Ceefour | December 28, 2013 9:37 AM | Reply

It would appear that nys has declared war on its citizens

George K. Young, Jr. | December 28, 2013 11:08 AM | Reply

For those paying attention, arms and ammunition, together, are protected via the second amendment. It would be considered a "category" of arms, therefore, an handgun, rifle short barrel or long barrel, or shotgun, long barrel or short barrel as well as the accompanying ammunition for each specific "arm" is considered one and the same for each "firearm" cannot exist to be the other, absent the relationship. A firearm without "ammunition" is merely a club or a hand thrown missile. It would be like everyone can own a vehicle but there will be a $5,000.00 service fee for the steering wheel.

The two-step judicial inquiry is warranted (1) is the intended law a burden on the Second Amendment and if so (2) to what extent and what level of scrutiny to apply. Remember only "intermediate scrutiny" and "strict scrutiny" may apply. "Rational scrutiny" is discarded. "Interest-balancing scrutiny" is not allowed. This is via Washington , D.C. v. Heller.

If it is necessary for a background check to acquire a firearm, why is there a necessity for a background check again for the applicable ammunition? In other words, if you are not intending to purchase ammunition, there is no necessity for a background check to purchase a firearm; nor is it necessary for a background check to acquire ammunition if you do not intend to acquire a firearm.

A person maybe a private employer paying for armed security and intends to only supply ammunition. Or an employer that will supply only the firearm, however practice ammunition and duty ammunition is a personal purchase.

Therefore, the law appears to merely place a unnecessary burden both upon the Second Amendment and the possessor of that Right.

This appears to be part of the Obama anti-gun plan: (a)Shut-down the last lead smelter in the U.S. (b) purchase more than 1.6 billion rounds of ammunition to dry up the market (c) prohibit or restrict federal lands against hunting and target shooting and now (d) he has nominated an anti-gun U.S. Surgeon General, Dr. Vivek Murthy, who wants to declare gun ownership a public health issue, like cigarettes.

Freedom isn't free. You have to pay the price you have to sacrifice ...for your liberty. Live Free ...Die Hard.

Tom | December 28, 2013 2:45 PM | Reply

I think ammo smuggling might be a cash cow in NY in the near future.

George K.Young, Jr. | December 28, 2013 3:09 PM | Reply

"The privilege in question exists apart from the state's authority. It is guaranteed the people by the federal constitution. viz.. The state cannot and does not have the power to license, nor tax, a Right guaranteed to the people. (MURDOCK v. PENNSYLVANIA,319 u.s. 105, 113).

"The power to tax is a power to destroy." It is settled law that the constitution of the United States was ratified by the PEOPLE themselves and not the states. Therefore the document created a PUBLIC TRUST between We the people and the Federal government we created. The states' governments were not part of the ratifying act. (McCulloch v. Maryland, 17 U.S. 316). Therefore, the legislative branch of each state are considered to be trustees and We the people, as a whole of the nation, are the beneficiaries. The Consitution does not grant unilateral PUNITIVE taxing powers, such as punitive taxes on tobacco products, to any existing body of civilized government.

No power within the United States Consitution provides unilateral authority to State legislative bodies to alter, modify or burden an enumerated constitutional right. As the Second Amendment is a law that exists not for the exploitation and benefit of a State, but for the individual constituent of the Constitution.

Zermoid | December 30, 2013 8:56 AM | Reply

Wait till they make that a per round fee.......

irs form 8833 | March 2, 2014 12:37 AM | Reply

Good informative article. Thanks for sharing. Anything related to arms and ammo is a bit complex with the aspect of law. So if you need any assistance on legal aid, we can help you.

James ammo | May 25, 2014 9:28 AM | Reply

Handy precautions, Without proper license, its too bad to have such ammunition at house.

Marcel Noya replied to comment from George K. Young, Jr. | January 15, 2016 2:51 PM | Reply

You wrote, "It would be like everyone can own a vehicle but there will be a $5,000.00 service fee for the steering wheel."

You could also have said, "You can buy a car, but you cannot buy gasoline".

Ammunition better equates to gasoline than to a steering wheel.

If I have that a little twisted I am sure you can sort it out and understand what I'm getting at.

–Marcel

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