New Background Check Law Is Destroying Gun Sales in NY, …As Intended

Opinion
Dan Wos, Author of – Good Gun Bad Guy
Host of The Loaded Mic

Frustrated, gun owners sit and wait up to nine hours for background check approvals at Syracuse gun show. Photo credit: Matt Mallory
Frustrated, gun owners sit and wait up to nine hours for background check approvals at this weekend’s Syracuse gun show. Photo credit: Matt Mallory

A New York State law that requires background checks for ammunition purchases went into effect on September 13, 2023, and has been a disaster from the start.

The New York State Police Department is handling this new background check system for ammunition and has taken over background checks for all New York firearm purchases. Background checks typically went through the Federal Government (FBI NICS), where a gun registry is illegal. New York State has now taken that background check system for all NY gun purchases, bypassing the Federal Government and sending private and personal information directly to the New York State Police Department.

The State of New York is requiring firearm purchasers to pay $9 for their own firearm background check and $2.50 for each ammunition background check. Aside from the burden of additional costs for the privilege of being infringed upon, FFLs and gun owners have had a whole list of concerns related to this new legislation. Some of those include the possibility of purchase delays, poor handling of private data, and the concern that New York State will be building a database of gun owners to be used for future confiscations or harassment. It appears those concerns are starting to come true.

As reported by Matt Mallory from this weekend’s Syracuse Gun Show, we’ve learned that background check approvals take hours for average gun owners. Yet, truck drivers, NY Enhanced DL, and NY Security Guards are being approved almost instantly. Could this be to prevent disruption in other areas of New York business, as to avoid backlash from other industries while maintaining a level of difficulty for the average gun owner?

Right from the beginning, the new system has been problematic, with excessive delays and denials, just as everyone expected. Bill Robinson from The 2nd Amendment Radio Show and Gun Owners of America – NY said;

“I have visited nine gun shops throughout the state of NY and all are experiencing excessive delays, some up to 6 hours, causing some purchasers to give up and walk out. This is the same for ammunition sales as well as gun sales.”

This will put many FFL’s out of business due to the fact that they cannot sell their products because of this faulty system.

That would seem to be the intended plan by the Democrats in the State Legislature all along. One gun dealer at the Syracuse gun show said he did not sell one single firearm or one box of ammunition the entire day because purchasers did not feel comfortable giving their private information to Hochul and her State Police Department. The Syracuse Fairgrounds Gun show had the lowest attendance in its history because of this new law. Congratulations Democrats, your plan is working…for now.

The plaintiffs in the Gazzola v. Hochul lawsuit filed an Emergency Motion on August 29, 2023, to the Second Circuit Court of Appeals in Manhattan, seeking an immediate injunction to stop the Governor and the NYS Police from their intended take-over of the firearms background check system, the launch of the ammunition background check system, and the investigation of federally licensed dealers in firearms through the NYSP “Joint Terrorism Task Force.”

That motion was denied.

The Plaintiff then filed a request for an emergency application for a reversal of the injunction denial and an administrative stay from the Supreme Court. The emergency application was originally filed to Justice Sotomayor, who is responsible for hearing these types of applications from the 2nd Circuit. She denied the application on her own the very next day without presenting it to the full court for consideration. The Plaintiffs and their Attorney, Paloma A. Capanna, then re-submitted the application to Justice Clarence Thomas, who has been a friend of the 2nd Amendment and gave us the “historical tradition” precedent in his Bruen decision. The rules allow for Plaintiffs to resubmit to the Justice of their choice if the responsible Justice denies an application upon first submission, as it was in this filing. As of today, we are waiting to hear Justice Thomas’ decision on whether or not we will get this awful new law halted while it goes through the court system in the hopes of being overturned altogether.

The 2nd Amendment is not a privilege. It’s your right.
Dan Wos,
Author – Good Gun Bad Guy
Host – The Loaded Mic


About Dan Wos, Author – Good Gun Bad Guy

Dan Wos is available for Press Commentary. For more information contact PR HERE

Dan Wos is a nationally recognized 2nd Amendment advocate, Host of The Loaded Mic and Author of the “GOOD GUN BAD GUY” book series. He speaks at events, is a contributing writer for many publications, and can be found on radio stations across the country. Dan has been a guest on Newsmax, the Sean Hannity Show, Real America’s Voice, and several others. Speaking on behalf of gun-rights, Dan exposes the strategies of the anti-gun crowd and explains their mission to disarm law-abiding American gun-owners.

Dan Wos
Dan Wos
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The other Jim

The New York State Police has been and still is an evil Police Force working against the People and Constitution. Each Member has a demonic belief and is being tricked by satan that God created them superior to other human beings.

Darkman

You deserve the Tyrants and Tyranny…You Allow. something the Founding Patriots grew to understand and deal with appropriately.

ridgeview

No one in upstate new your state voted for these people . nys has massive voter fraud always has.Were you live is one voter cycle from the same.Grow up.

The other Jim

Darkman never explains his 1-line patriotic type phrases. He is not logical. His statement are not intelligent so as to attack a problem with a plan to organize and win. He could never lead men, never even make Corporal.

RichDD

Stop Jim. If you can’t imagine the point, what ever it is, then stop with your illogical statements.
Or are you one of these feds looking for people to implicate themselves so you can put your black pajamas on and raid their homes??
That is what I see when I see your comments.

The other Jim

RichDD you are the same guy “Darkman” with two accounts on Ammoland.

The other Jim

Darkman never explains his 1-line patriotic type phrases. He is not logical. His statement are not intelligent so as to attack a problem with a plan to organize and win. He could never lead men, never even make Corporal.

RichDD

Stop Jim. If you can’t imagine the point, what ever it is, then stop with your illogical statements.
Or are you one of these feds looking for people to implicate themselves so you can put your black pajamas on and raise their homes??
That is what I see when I see your comments.

RichDD

When do we fix this?

Lonely Road Observer

That’s what many will do, as the gun dealers of NY unfortunately, one-by-one go out of business.

ridgeview

That is easier said than done when you have a business /farm in the state that you have worked years to build and pay off .PS your state is one voting cycle from the same thing, then you can just move right!

Monkey Mouse

The Oaks, PA mega gun shows have a lot of NY tagged cars in the lot – guess they figured it out already.

MP71

There was a story here within the last couple years about a guy from NY that got popped after buying forbidden items at a PA gun show. If NYSP wasn’t already monitoring out of state shows or stores for NY residents, rest assured they will be from now on. The Kommiefornia DOJ has been doing this for years.

Toxic Deplorable Racist SAH

I’m going to step off in another direction and urge the remaining gun and ammunition importers (into the state), wholesalers, retailers, and repair shops……to band together and agree to STOP doing business with the state and its agencies (body guards, city & state po-po, fish & wildlife, etc). “You want this repaired? Immediately? Oh, sorry, it’s going to take awhile to import the parts. Verification, and all that. ANd it will cost extra for parts and repair now.” “You want to buy ammunition? I need to verify your background check. Oh, and the background check for each person that will… Read more »

MP71

They just can’t get off of that government teat. Gubmint contracts are a steady source of revenue while consumer demand rises and falls. Are gun owners going to stop buying guns and ammo ?

Lonely Road Observer

Exactly. Not too many years ago, NY’s State Comptroller sent a letter to all the major lenders urging them to stop doing business with any and all facets of the firearms industry, you know, to protect themselves and reminding them that HE controlled $300B in government pension funds. Only one brave ammunition manufacturer – Hornady – fired back informing the state that their company would no longer sell to any NYS police agency. Just one. Sad.

Orion

spot on. until manufacturers and distributors hold the line and end all sales to NY state LEOs this will only get worse.

Toxic Deplorable Racist SAH

To all the responders below (and good points, all), I will add this;
to all the people and stores that deal with guns and the public, as
Ben Franklin said, “Either we all hang together, or surely we shall all hang separately.”
Band together. Refuse to serve the state.

The other Jim

Yes, Pennsylvania too. Vermont use to be good but it looks like a lot of Left Destroyers have been elected into government and taking over the state and making trouble where there was never a problem. About 20 years ago Vermont was the only Constitutional Carry State and it had always been since the beginning.

Wass

John Gunther’s 1947 bestseller, “Inside USA”, rated Vermont the most Republican and conservative of all the US states. And, a mere forty years ago, California had no trouble electing conservatives and Republicans (remember President Ronald Reagan?). Today the Golden State is a left wing crap hole. The Dem long-term strategy is to flip more red states, so we’ll be a one party country with Republicans and others relegated to “loyal opposition”. Look up the political systems of Mexico and Russia as examples.

Lonely Road Observer

I expect we’ll see failure rates progressively increase under background checks conducted by the NYSP. It’s their show now and their rules, and they are ultimately answerable to the governor. Then, because the applicant “failed” his or her background check, within a short amount of time, he/she should expect to receive a visit at their doorstep from tactically-clad law enforcement officers to confiscate all their firearms. It’s a great law for the state. An augmentation to NY’s red flag law, of which, in the aftermath of the 2022 Buffalo shooting, Kathy Hochul ordered the NYSP to dramatically increase the number… Read more »

Orion

state regs vs federal regs; two different animals. only under federal law is it illegal to create or maintain a data base of firearm purchases while going through NICS checks.

Boz

The British marched to confiscate powder. Colonial Patriots dispatched them. l see no difference with what’s going on here. Tyranny in action.

MP71

If it works anything like the system here in Kommiefornia, that won’t be possible. For every transaction, one must present a “real ID”. The address on that ID must match the one you gave when you last purchased a firearm. If you’re not ”on record” as having bought a gun within the last 5 years, the background check costs $19 and could take 3 days. Most retailers won’t even deal with you unless you’re “on record”. They’ll tell you to just buy another gun to get registered in the CA system. IMO the whole point of the background check was… Read more »

RichDD

Went do they still live in that state? Or purchase anything in that state?

DDS

Except that it’s been pretty much illegal to cross state lines and buy a firearm since 1968.

Orion

depends on existing state regulations. long guns can be purchased in many states and possession taken on the spot. handguns tho…. must be delvered to an individual’s home state ffl and go through that state’s red tape.