New York now requires background checks for ammo purchases. What sportsmen need to know.

With firearm season for deer opening Nov. 18 in the Southern Tier, many hunters will be looking to stock up on ammunition.

Some of them may be in for a surprise when they find out they now have to submit to a background check first.

Gov. Kathy Hochul and other supporters say the new provisions will reduce crime and save lives.

Critics believe New York's new background check law for firearms and ammunition will only hinder law-abiding citizens and won't deter criminals.

State Sen. Tom O'Mara, R-Big Flats, calls the legislation and new fees "overzealous" and "onerous."

Some Southern Tier firearm dealers agree.

"These laws aren’t helping keep citizens safe, (they are) only keeping law-abiding citizens from the ability to self-defense to protect themselves and their families," said Chris Hoyt, owner of Southern Tier Firearms in Endicott.

What the new law requires

Since the 1990s, federal law has required all licensed firearms dealers to run background checks on potential gun purchasers through the National Instant Criminal Background Check System.

The system taps into a database maintained by the FBI that looks for disqualifying factors such as felony convictions, dishonorable discharge from the military, or adjudication of a mental disorder, among others.

That all changed for New Yorkers with a new law that took effect Sept. 13.

Under the new law, which stems from the SAFE (Secure Ammunition and Firearms Enforcement) Act signed into law in 2013, those background checks will be taken over by the New York State Police, with a $9 processing fee included.

The law also expands the checks to include all ammunition purchases, along with a $2.50 fee. The same disqualifying factors apply as under the federal statute.

The fee applies for the overall transaction, not individual items if multiple guns or boxes of ammunition are purchased at once.

Supporters: New ammo law could help save lives

Critics of the new law appealed to the Supreme Court asking it to grant a stay during legal challenges.

On Sept. 12, a day before the background check law took effect, Supreme Court Justice Sonya Sotomayor denied the request, a move that was applauded by Gov. Kathy Hochul.

"This new order from Justice Sotomayor will ensure that the legislation’s provisions related to stronger background checks for guns and ammunition, set to take effect on Sept. 13, will continue to move full speed ahead, and the law requiring periodic onsite inspections of firearms dealers remains intact," said Hochul, who added public safety is her top priority.

Haley Roma, assistant director of education training for the Broome County Crime Victims Assistance Center, said any law that makes it harder for guns and ammunition to fall into the wrong hands can be a benefit to potential crime victims, especially in domestic situations.

"An abusers' access to firearms, or the ease at which they can purchase one, increases the lethality in situations of domestic violence," Roma said. "Abusers with firearms are five times more likely to kill their partner than those who do not have access."

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Even some Southern Tier sportsmen support the new law, at least to some extent.

Former Horseheads Mayor and avid outdoorsman Don Zeigler admits most of the hunters and shooters he knows oppose the new background check requirements.

But Zeigler personally believes the new requirements can have some positive impact.

"My feelings, it takes 15 minutes to get checked out. You could fail and have to wait day or two," he said. "This program was set up to keep ammunition out of the hands of criminals. If a criminal has a gun, he needs ammo."

Critics: New law targets wrong people, pushes business to Pa.

Zeigler may believe the new ammo law has benefits, but Mike Warren, of Hornell, disagrees.

Warren, president of the Steuben County Sportsmen's Federation, doubts the new law will curb crime while adding a financial burden to lawful gun owners.

"I don't think it's going to have the effect they want," Warren said. "It won't have any effect on (criminals). It hurts the people most who can least afford it."

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It's also hurting business, according to Hoyt at Southern Tier Firearms.

"The new requirements have had a noticeable impact on my business," he said. "Prior to the law, there were several (customers) mentioning how they will just go over the border to Pennsylvania to buy their ammunition, and since the law has gone into effect there have been far less customers purchasing ammunition."

Scott Bailey, owner of Scott's Guns & Accessories in Horseheads, doesn't believe he is losing a lot of business to Pennsylvania dealers.

But the new requirements are a nuisance, he said.

"I'm sure it's had an impact," said Bailey, who added there have been transaction delays, especially when the new system was activated. "The biggest impact is it's more difficult for us."

Hoyt may be right about people crossing the state line to buy ammo, said Jamie Dennis, who should know.

Dennis owns Pennsylvania Guns & Ammo in Great Bend, Pennsylvania, south of Binghamton.

Dennis said about half of his business already comes from New York and he's seen a significant increase since the new ammo law went into effect.

"Absolutely. Nobody wants to go through background checks," he said. "It's not going to do anything to crime. If they (New York) pass more laws, it makes it better for me."

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This article originally appeared on Elmira Star-Gazette: Dealers, buyers feel impact of new ammo background checks in New York