Lockport, N.Y. (WBEN) - "Unconstitutional and unworkable."
New York State representatives and Niagara County officials are voicing their concerns with the newly implemented gun and ammunition checks that came into effect last month and call upon Gov. Hochul to pause and scrap this new law.
Effective Sept. 13, gun retailers and gun owners in New York State must go through a new background check process via the New York State Police for both gun and ammo purchases, replacing the FBI's free National Instant Criminal Background checks.
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In a letter to the Governor, Senate Minority Leader Rob Ortt, Assemblyman Mike Norris and fellow conference members urge Gov. Hochul to shelve the recently implemented requirements and fees for background checks on gun and ammo purchases.
"We keep passing more gun laws, because clearly the gun laws we continue to push aren't working," says Sen. Ortt. "Why aren't they working? Well, all they do is deal with folks who follow the law currently, you're not addressing the population that is committing the violent crimes with firearms."
Ortt outlines that the new background checks are not only hindering law abiding gun enthusiasts from purchase, but the questions asked on the background check are invasive and come at a cost.
"It's $9 for a [gun purchase] and $2.50 per times they go in to purchase ammunition. It's a money grab for the state. Also, you have to [give] very personal information to the state police, including your social security, including your sexual orientation. There was a form that someone had to fill out that asked. What the hell does your sexual orientation have to do with purchasing ammunition?"
In addition, gun shop owners are frustrated with the lengthy process and constantly educating customers on the new information being released by the state on all the new gun laws enacted over the last few years.
"Since the implementation of the Concealed Carry Improvement Act, along with Supreme Court decisions last year, there's been around 3000 pages of new requirements, legal opinions and laws passed, that we are on the hook for understanding, implementing, and ultimately explaining to the customers. That is an absolutely insane amount of information to try and pass along to the everyday person," said Joseph Olscamp, CEO of Escarpment Arms located in Lockport.
"When it comes to the ammunition background checks, and what we've seen, it's been chaotic. There is no phone system to call in. If you live in a rural area where your internet is not reliable and up to speed, good luck. The platform itself stalls, goes into a permanent spinning wheel mode, and you can't do anything with it. As far as doing the checks and trying to purchase things, we've had federal law enforcement officers that are currently on the job, sheriff's deputies, fire chiefs, and other people in positions getting background checked regularly and held to a higher standard, all delayed. For what reason? We don't know."
Niagara County Sheriff Michael Filicetti says he continues to shake his head at these kinds of gun laws being passed, as they do not prevent crime.
"People that are committing the crimes, the gun crime, the murders, they are not coming to a shop like this to buy ammo, and try to go through a background check. That is not happening. So it does nothing to help us in that area. I need them to help pullback bail reform, pullback less is more, pullback raise the age, all the things that they've enacted to tie my hands as a law enforcement officer. They don't want to touch that."