Senate Bill S65 (and Addendum)

01/05/2021 5:34 PM | Anonymous

Senate Bill S65 (and Addendum)   Every two years, a new NY State Senate and Assembly is elected.  Bills that are introduced in the first year of a new legislature - but are not voted on - are carried over to the second year of that legislature.  After a succeeding legislature is elected, bills are not carried over from the old legislature to the succeeding legislature.  However, the old bill may be reintroduced and get a new number.

SCOPE will be keeping you updated as to new bills effecting gun rights.  If they seem familiar and the anti-gun liberals seem to be playing the same old song…they are.

With the anti-gun Democrats in control of both houses of the NY legislature as well as the governorship, it will be important for gun owners to be vocal. Let the legislators know that another election is only two years away and we are very aware of any efforts to infringe on our rights.

Here is one of the first efforts: Senate Bill S65, (which was S01038).

This bill does two things: it restricts the sale of ammunition only to individuals authorized to possess such weapon and it creates a no-gun database under the division of criminal justice services.  And the devil is in the details…

It repeals section one, sub-division 5 of section 270.00 of the penal law, which states, “it shall be unlawful for any dealer in firearms to sell any ammunition designed exclusively for use in a pistol or revolver to any person, not authorized to possess a pistol or revolver.”  The violation of this section shall constitute a class B misdemeanor. 

But then it replaces it by adding section 265.18 - Criminal sale of firearms ammunition to the penal law.  “A person is guilty of criminal sale of firearm ammunition when such person sells any firearm ammunition to a person not authorized pursuant to law to possess a firearm capable of firing such ammunition.  Criminal sale of firearm ammunition is a class B misdemeanor”.

The second part of the law adds a new section 845-e to executive law.  It states that, “The division shall establish and maintain a no-gun database which shall contain the names, dates of birth, and any other identifying information the division deems appropriate of any persons not authorized pursuant to law to possess a firearm”.

  • “The division shall allow for any person selling a firearm or firearm ammunition within the state to check the no-gun database for the buyer of such firearm or firearm ammunition”.

This means that the ban on purchasing pistol or revolver ammo - unless you own that caliber weapon - would now be extended to include all firearms, not just handguns.  Taken a step further, it opens the door to requiring prior authorization to buy ammo (passing the equivalent of a NICS check). 

In order for this to work, there will need to be a gun registry of all firearms.  How else will the dealer know that you own a similar caliber weapon?   Won’t a gun registry be necessary if the government is contemplating confiscation of guns?

This is another law which assumes that criminals will obey the law. It also assumes that the same illegal “Black market” source, from which the criminal illegally bought the gun, will not also illegally sell ammo for it.  (Is the spirit of entrepreneurship dead amongst criminals?)   

Kiss goodbye to any family or friends buying any ammunition for you.

Most criminals use handguns when committing crimes with firearms.  NY City has the most restrictive hand gun laws in the nation and the ban on selling ammo for handguns already exists.  How’s all that working out for NYC?  Let’s duplicate a law that already doesn’t work! 

  • Basically, this will create another NICS check for ammo sales.  Hasn’t the legislature heard the Governor talk about a massive budget deficit?  Why would they want to add the expense of creating and administering a new, undeveloped system, which duplicates an existing system, at a time of great budgetary stress?  Unless of course your goal is not safety but control at any price.  Millions of taxpayer dollars can be paid to a campaign contributor to develop the system. 

  • Bill S65 goes into effect the first November after passage.  Since NY would only have until November to develop the system and given Cuomo’s previous record of success in developing new systems, maybe he will need to contact Donald Trump about another operation “Warp Speed”. 

To all those gun owners who are not active voters because the government is not coming after their guns…guess what?  One small step for ammo, one giant step for gun control. 

Addendum:                S65 Definitions

The email on S65 did not make it clear as to what weapons it covers. 

Below is the actual definition of “Firearm” from NY Penal Law 265.0. 

We apologize for any confusion...

or  (e) an assault weapon. For the purpose of this subdivision the length of the barrel  on  a  shotgun  or  rifle  shall  be determined by measuring the distance between the muzzle  and  the  face  of  the  bolt,  breech,  or breechlock  when  closed  and  when  the shotgun or rifle is cocked; the overall length of a weapon made from a shotgun or rifle is the  distance between the extreme ends of the weapon measured along a line parallel to the center  line  of  the  bore.  Firearm  does  not include an antique firearm.

"Firearm" means (a) any pistol or revolver; or (b) a shotgun having   one or more barrels less than eighteen inches in length; or (c) a rifle having one or more barrels less than sixteen inches in length; or (d) any weapon made from a shotgun or rifle whether by alteration,  modification,  or  otherwise  if  such  weapon  as altered, modified, or otherwise has an overall length of less than twenty-six inches; 

A 2nd Amendment Defense Organization, defending the rights of New York State gun owners to keep and bear arms!

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East Aurora, NY 14052

SCOPE is a 501(c)4 non-profit organization.

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