Why It Matters: In January 2013, New York State passed the NY SAFE Act which included a provision mandating background checks on ammunition at point of sale. In 2016, California followed suit with Proposition 63 which was later amended by the legislator to mandate ammunition background checks in 2019. Neither system could take effect until September of 2023 and February of 2024 due to technological and legal purposes. Other states have implemented programs mandating ID cards to purchase ammunition, increasing the burden on the hunter and shooting sports enthusiast when buying necessary components.
Highlights:
- New York started state background checks on ammunition in September of 2023.
- A three-judge panel from the US Ninth Circuit Court of Appeals stayed a ruling in Rhode v. Bonta by US District Judge Roger Benitez as recently as February of 2024 to allow background checks to restart in California.
- In Connecticut, as of October 1st, 2013, you must have either a new “ammunition certificate”, a long gun eligibility certificate, a pistol permit, or an eligibility certificate.
- Massachusetts’ new law signed on July 25th, 2024, mandates only purchasing ammunition for firearms that have been registered through a Firearm Identification Card.
- Six states currently have ammunition background checks: California and New York at point of sale; and Connecticut, Illinois, Massachusetts and New Jersey require licenses.
For over a decade, a concerted effort to establish individual background checks on the purchase of ammunition has been taking place in particular states. These efforts have ranged from immediate point of sale state run background checks to needing a state identification card to complete a purchase. Due to legal challenges, reluctance of the federal government to allow access to the National Instant Criminal Background Check System (NICS), and/or technological issues, only in the recent past have the majority of these new ammunition check systems been employed.
The additional cost of running background checks or mandating special purchase licenses adds a new hurdle to heading afield for sportsmen and women. New York has instituted a $2.50 fee for ammunition checks and an additional $9 fee for firearm purchases, including antiques. California’s “eligibility checks” can range from $1-$19 depending on the status of the purchaser, with a current proposal to raise the minimum to $5. States like Connecticut with an “ammunition permit” process will cost $35, not including the additional cost for background checks, but is viable for a five-year time. These monetary costs do not include the new inconvenience of potential hours or days of waiting to complete a purchase of ammunition, in New York and California. No longer can hunters rely on a quick stop to the local store to pick up a box of shells before their hunting trip.
New York’s background check system has been reportedly fraught with unnecessary delays and false denials, which lead to a legal challenge that was subsequently dismissed by a federal judge. California’s Rhode v. Bonta case, challenging Proposition 63, has been though a rollercoaster of legal action and is expected to warrant a decision from the United States Supreme Court sometime in the future.
Non-Resident hunters and shooting enthusiasts should be aware of barriers to purchasing ammunition in the specific states which may prohibit sales to those without the appropriate licensing.
The Congressional Sportsmen’s Foundation (CSF) is mindful of sought after additions that have been removed from potential and finalized legislation, which include quantity, number of purchases in a month, and caliber restrictions. CSF will continue working with your State Legislative Sportsmen’s Caucuses to educate law makers on the impact these ammunition background checks could have on the hunting and sporting community.
