In a largely party line vote, the state Assembly has passed legislation that would ban the sale of firearm ammunition if a person is legally unable to purchase a gun.

The 89-45 vote on Thursday included many Republicans, including Assemblymen Andrew Molitor, R-Westfield, and Joe Sempolinski, R-Canisteo. The legislation (A.7983) is sponsored by Assemblyman Jeff Dinowitz, D-Bronx. A version of similar legislation (S.9750) passed the state Senate in 2024. The current version (S.7236) was passed by a 49-11 vote. State Sen. George Borrello, R-Sunset Bay, was excused from the vote.

Dinowitz proposes adding a subdivision to the state Penal Law to require ammunition background checks to be

denied if the prospective purchaser cannot lawfully possess a rifle or shotgun under federal or New York state law. Under current state law, the only limits on ammunition possession are found in federal law. Dinowitz said during floor debate that the federal list of prohibitions is lengthy.

That means ammunition purchases are only screened against the federal criteria for possessing firearms and ammunition, and not the additional New York-specific prohibitors that apply to firearms, including whether or not a person is subject to an Extreme Risk Protection Order, or red flag order, or has been convicted of a “serious offense” as listed in the state’s penal law. Dinowitz said the legislation aligns state laws for who is permitted to take possession of both guns and ammunition, so that the same criteria is used to screen purchasers of guns and ammunition.

“I would consider this a way to make very clear what we want to accomplish,” Dinowitz said. “Which is that people who shouldn’t be able to purchase ammunition won’t purchase ammunition.”

Republicans asked if there were any exemptions from the legislation and asked if there was a penalty for someone who can’t buy ammunition to possess ammunition. Republican Brian Mantkelow, R-Lyons, protested the bill on Second Amendment grounds while Assemblywoman Jodi Giglio, R-Riverhead, said it’s possible the legislation could violate a deputizing provision included in legislation passed recently that limits cooperation with federal immigration enforcement actions.

Assemblywoman Andrea Bailey, R-Avon, asked what is being added to the list of prohibitions on ammunition purchases, with the major change being limits on those with extreme risk protection orders. Bailey also asked if the State Police can already deny an ammunition purchase based on the issuance of an extreme risk protection order while also questioning the number of times individuals who would be prohibited from purchasing ammunition now have actually purchased ammunition.

“This paragraph that we added to Section 400 of the Penal Law reiterates that federal law already says you can’t purchase ammunition if you’re one of those prohibited classes. This goes one step further. It mentions the ERPO and the TERPO. I would suggest instead of creating another law, if someone is under an extreme risk protection order that a judge could just say you’re not allowed to buy ammo or a firearm and if you do you’ll be violating this further,” said Assemblyman Joe Angelino, R-Binghamton.