The Second Circuit Court of Appeals has upheld New York’s law requiring background checks and a fee for ammunition purchases, rejecting arguments that it violates the Second Amendment. While the case now returns to a lower court, the law remains in effect, reinforcing the state’s stricter approach to firearm and ammunition regulation.
LISTEN TO THIS ARTICLE
ALBANY, NY (4-minute read) — A federal appeals court has ruled that New York’s ammunition background check requirements under the Concealed Carry Improvement Act (CCIA) can remain in effect, for now. The Second Circuit Court of Appeals denied a request for an injunction filed by gun rights advocates, affirming a lower court’s ruling that found the law does not meaningfully restrict a person’s right to keep and bear arms under the Second Amendment.
What the Law Requires
Under the CCIA, which took effect in September 2023, anyone buying ammunition in New York must undergo a background check, pay a $2.50 fee, and purchase from a registered seller or intermediary approved by the State Police. The system screens for criminal convictions, substance abuse, mental health history, and domestic violence offenses. If flagged, purchases are delayed for review. Those denied can appeal to the Attorney General’s office.
Sellers who don’t comply face a $1,000 fine for a first offense and a Class A misdemeanor for repeated violations. The law aims to track ammunition sales through a centralized state database, much like firearm purchases, in an effort to increase public safety and reduce gun-related crimes.
Court Says Law Doesn’t Infringe on Gun Rights
The court rejected claims by plaintiffs, including Republican State Senator George Borrello and Assemblymember David DiPietro, that the law unfairly burdens legal gun owners. The judges found that minor delays and modest fees do not represent a significant barrier to exercising the right to own or carry firearms.
One plaintiff, Aaron Dorr, experienced a brief system outage when trying to purchase ammunition, but the court concluded that a one-day delay didn’t rise to the level of a constitutional violation. They also found that the $2.50 fee is reasonable and not excessive since it covers administrative costs and is technically imposed on the seller, not directly on the buyer.
Opposition: Law Hurts Law-Abiding Citizens and Small Businesses
Senator Borrello criticized the ruling, calling it an “attack on law-abiding gun owners” and claiming the law drives customers to neighboring states like Pennsylvania to avoid the red tape. Assemblymember DiPietro echoed these concerns, suggesting that the law’s real purpose is to push local gun stores out of business and impose backdoor firearm restrictions.
Both lawmakers argue that the law does nothing to deter crime but instead penalizes responsible gun owners with unnecessary bureaucracy, delays, and fees. They also point to what they see as inconsistent enforcement of criminal laws in New York, highlighting the state’s cashless bail policies as proof of misplaced priorities.
Legal Outcome and What’s Next
Although the appeals court sided with New York on the ammo background check provisions, it made clear that the decision did not address the full constitutionality of the law. The case now returns to a lower court where new evidence could still alter the final outcome. Meanwhile, other parts of the CCIA have been struck down by the Second Circuit, including bans on carrying firearms in public parks and on publicly accessible private property.
Gun rights groups are expected to continue challenging the CCIA, possibly taking their fight back to the Supreme Court, depending on future rulings.
Safety Tip: If you carry or own a firearm, understand your state’s specific laws and regulations regarding ammunition and background checks. Being informed is your first line of defense against legal trouble.
Read the full article here
