This is a discussion on Proposed ammo law constitutional within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; The county attorney has found that a proposed local law requiring gun shops to register sales of ammunition is constitutional and is not pre-empted by ...
The county attorney has found that a proposed local law requiring gun shops to register sales of ammunition is constitutional and is not pre-empted by state statute.
Gun advocates have rallied against proposed Local Law A since it was introduced at a March 9 meeting of the Albany County Legislature. The measure was sent to the legislature's Law Committee for review, and Committee Chairman Bryan Clenahan asked County Attorney Craig Denning for a ruling on its constitutionality.
The law would require certain record-keeping by the shop owner. It would regulate the storage, possession and sale of ammunition and require dealers to record each ammo sale and the caliber, make and model of the firearm for which the ammo purchase was made. Initially, the law had required the serial number of the firearm, but Legislator Phil Steck, a Colonie Democrat and one of the sponsors, removed that requirement from the legislation.
The measure is still before the Law Committee and a public hearing is set for 7:15 p.m. May 26 at the County Legislature Chamber in the Albany County Courthouse.
"This is not about an individual's right to keep and bear arms," Denning wrote in his three-page opinion. "State and federal control over licensing of firearms is based on precedent, and there are significant determinations holding that local restrictions on possession and use of firearms are appropriate under the Second Amendment. That debate is not the concern here. This is about the obligations of gun dealers and owners to follow local regulation of ammunition sales."
Denning found that "the identification and record-keeping requirements for ammunition sales required under (the proposed county law) are not addressed at the state level." He said "state law has not pre-empted the field of ammunition regulation" and the local law "is an acceptable supplement to existing state enactments and is reasonably related to ensuring public safety."
Steck said Tuesday that Denning agreed with him on two issues — "It does not violate the Second Amendment, and it's not pre-empted by state law."
The proposed measure, he said, is an attempt at legislators "trying to close the loophole in the law as to how ammunition is purchased. We are trying to make certain that a section of the state Penal Law that regulates the sale of ammunition is complied with."
Steck, who is sponsoring the bill with Albany Democrats Wanda Willingham and Doug Bullock, called it "an enforcement issue. Currently, the law says that dealers must not sell to people unless they have a license to buy. The only difference here is we are trying to make sure people actually display their permit if they want to buy handgun ammunition. With respect to other ammunition, they just have to show ID and state they are not buying it for a handgun."
Colonie Republican Patty Lockart opposes the local measure and said she disagrees with Denning's opinion.
"I'm looking forward to the public coming out on May 26 and hearing from them," Lockart said. "New York has the toughest gun laws in the country and as far as ammunition, I do think the state law regulates that. City crime, that's not going to be alleviated by this."
One of her constituents in the village of Colonie is B&J Guns on Central Avenue, the only gun shop in the county, which Lockart said will be affected by the law.
"The sword dose not cause the murder, and the maker of the sword dose not bear sin" Rabbi Solomon ben Isaac 11th century
when will people start to look at the root of crime and quit blaming the tools used in it?
"Run for your life from the man who tells you that money is evil. That sentence is the leper's bell of an approaching looter. So long as men live together on earth and need means to deal with one another-their only substitute, if they abandon money, is the muzzle of a gun."
Who is John Galt?
Isn't that against FOPA, the Federal Law that prohibits the record keeping of ammunition sales??
The Firearm Owners Protection Act of 1986 addressed the abuses noted in the 1982 Senate Judiciary Subcommittee report. It reopened interstate sales of long guns on a limited basis, allowed ammunition shipments through the U.S. Postal Service (a partial repeal of the Gun Control Act), ended record keeping on ammunition sales, except for armor piercing, permitted travel between states supportive of Second Amendment rights even through those areas less supportive of these rights, and addressed several other issues that had effectively restricted Second Amendment rights. However, the act also contained a provision that banned the sale of machine guns manufactured after the date of enactment to civilians, restricting sales of these weapons to the military and law enforcement.
I may be wrong, but I don't think that a State's ruling can overturn a Federal one...if the Feds say you can't document and record sales of ammunition to citizens legally allowed to purchase and own them, the State shouldn't dictate otherwise.
The US Marine's aren't a branch of the US Military, they're a Religion unto themselves
Commies, Facist, Nazis, and Liberals (brain washed are not) always lurk in the mist and fog, they use many tools, but the goal is always "people control".
Is this Albany , Georgia ??
I hope they vote all those who vote in favor of this law, right out of office.
If it really is a small number of shops, the local 2A supporters need to make arrangements where they can get ammo shipped straight to home, and bypass the ridiculous local law.
Hopefully it will never go into effect as it appears to be pre-empted and un-constitutional.
"Words can be as lethal as bullets; Choose them carefully, Aim them well & Use them sparingly."
I wouldn't give you a wooden nickel for an opinion on Constitutional law written by a County Attorney.
Sounds like some more NY crapola to me.
My Music: www.reverbnation.com/dickiefredericks
Glad I don't live there.
Good luck with all that.
When you've got 'em by the balls, their hearts & minds will follow. Semper Fi.
More than 200 years ago the people entered in to lengthy discussions with their government concerning the possession and storage of ammunition at Lexington and Concord. These discussions lasted from Lexington to Yorktown.
Our government entities seem a little weak on History, and may need a refresher course.
"If we loose Freedom here, there's no place to escape to. This is the Last Place on Earth!" Ronald Reagan
Lets hope these people trying to pass this hogwash find themselves in a situation where they desperately a gun to save their hides.