Ammunition for Guns in New York City
The laws that apply to guns may not apply to ammunition for guns in New York. There is no criminal possession of a weapons statute for regular ammunition. The only time ammunition is really mentioned in the penal law is regarding large capacity ammunition feeders which are criminalized.
In New York City, there is an Administrative Code which makes having ammunition illegal. This means that someone can be charged with an unclassified misdemeanor within the five boroughs for possessing ammunition. To learn more about how to handle ammunition-related criminal charges, contact a determined gun attorney right away.
Defining Legal Possession of Ammunition
A person is able to legally possess ammunition with no further questions being asked if they are a licensed firearms dealer or a registered owner of a firearm. It is legal to have ammunition for guns in New York for any gun that they are legally registered to have. If they have a .50-caliber handgun that is legally owned, they are allowed to have .50-caliber bullets.
If they have guns that they legally own and they are not a distributor or licensed vendor, or if they have ammunition for guns other than the guns that they are registered to own, they are probably going to trip some red flags and invite some further questioning from law enforcement agencies.
Outside the City of New York City, there is no express ban in the penal code for possessing gun ammunition and, inside the city itself, getting a permit for a non-law enforcement individual to carry a firearm is exceptionally difficult and ammunition is criminalized. It is very difficult to legally possess ammunition inside of the city, but it is fairly easy to stay within the bounds of the law outside of New York City.
What Is the Impact of Being a Legal Gun Holder?
Anyone is able to possess ammunition for a legally owned gun. If a person is one of the very select people inside of New York City whom the Commissioner of the NYPD has granted a firearms license to carry inside the city limits, then under the New York City Administrative Code, they are allowed to possess ammunition for that specific firearm itself. They are expressly forbidden from having ammunition for anything other than that firearm. It is unlikely that a person is going to get charged with criminal possession of a weapon for having ammunition in New York City.
Can Someone Lose Their Right to Legal Ammunition?
If a person is a registered firearm owner and then something happens where they lose that right, or maybe they are convicted of a felony or a domestic violence charge, they have to forfeit that licensure. The bullets that they did once legally own inside the city, they can no longer legally possess. When someone’s rights are being challenged because of criminal charges, they should consult a criminal defense attorney to discuss possible next steps.
Another example is if an establishment has a permit by New York State to sell firearms and for whatever reason either lose their permit or get it restricted somehow so that they are only allowed to sell certain types of guns, then a vendor would not be permitted to sell any bullet that is not on the approved list.
Types of Illegal Bullets
The New York Penal Code prohibits the possession and use of certain types of ammunition. This is true even for individuals with a license to carry weapons that can use these bullets. The purpose of this restriction is that there is no viable, lawful reason for having this type of ammo, which is often used during the commission of a crime.
New York outlaws possessing a bullet with any kind of explosive material that is designed to detonate on impact. Possessing this type of ammo is known as criminal possession of a weapon in the 4th degree. The law also applies this same offense to the use of armor-piercing ammunition with the intention to use it against someone else.
Automatic Ammo Feeders Are Illegal
New York has specific restrictions on large-capacity ammunition feeders. This is in contrast to the limited regulation of ammo at the state level. However, the use of these devices is closer to a modification of a weapon, which is something New York is known for heavily regulating. The law applies specifically to owning these feeders, meaning it is possible to be convicted of a crime without ever using them on a weapon in any capacity.
The purpose of this restriction is the lack of a legitimate use for these items. Because they are not useful or necessary for hunting, target-shooting, or even self-defense, the New York legislature outlaws them in broad terms.
The State Monitors The Distribution of Ammunition
While someone who can legally own a weapon generally may purchase as much ammo for that firearm as they want, there are restrictions on where they can buy it. To deter crime and ensure compliance, law enforcement carefully tracks the sale of ammunition across New York. This is done by requiring extensive oversight of registered sellers. These businesses must keep careful track of their inventory and note the transactions as they occur.
Of course, once these bullets are out of the hands of the distributor, the state can do little to track how they are used. There is no easy way to make certain they are not used in a crime or re-sold to someone not authorized to purchase them.
Regaining the Right to Purchase Ammo
A felony conviction can cost someone their right to own a firearm—and the ammunition that goes with it. However, there are limited circumstances where those rights can be restored. While someone found guilty of a violent of Class A1 felony is barred from having these right restored, it remains an option for other types of convictions.
The process for regaining these rights starts with applying for a Certificate of Good Conduct with the New York State Board of Parole. This certificate can erase the ban on owning weapons and ammunition, so long as it contains language to that effect. This process can take time, and it is difficult without the help of an experienced defense attorney.
Ammo Sale Restrictions
There are tight limitations on who is allowed to sell ammo in New York City. Sellers must be registered with state police and they are in violation of the law with each transaction if they are not appropriately licensed. These individuals must also keep careful records of the transactions they make and the people they sell to.
A New York City Attorney Could Contest Charges Related To Ammunition for Guns
If they live in New York City, the most important thing to remember is to be very careful with the ammunition they have. Meaning, an individual can only have ammunition that goes to that specific firearm that is permitted to be carried. A person can also face consequences for showcasing the fact that they have illegal ammunition for guns in New York.
Fortunately, anyone facing charges for possessing firearms or ammunition has the right to legal representation. Contacting a seasoned attorney as soon as possible gives the best change of securing a favorable outcome.