NEW YORK STATE (WENY) -- The Schuyler County Legislature passed a resolution calling for the state to repeal background check fees on guns and ammunition. The resolution calling for the state to repeal the background check fees on guns and ammo was submitted by the Schuyler County Clerk and drafted by the County Attorney.
"I just feel that it's an unfair burden on pistol permit holders, the stores, [and businesses] as well. It's just not fair to them to have to deal with this additional funding or fees that are being pushed on them," said Schuyler County Clerk, Theresa Philbin, who helps process pistol permits issued in the County.
The resolution is a symbolic show of support for a State Senate Bill which is making its way through Albany. Under the new law which went into effect in September, gun owners have to complete a background check for ammo, and the gun background checks now get routed through the New York State Police and then forwarded to the feds.
"'The Concealed Carry Improvement Act' was signed by Gov. [Kathy] Hochul in 2022 in response to a U.S. Supreme Court ruling that throughout New York's gun laws as being too restrictive. She then proceeded to sign into law arguably more restrictive laws, creating new requirements for pistol permit [holders]," said Schuyler County Attorney, Steven Getman.
Getman said background checks were completed quickly using the Federal National Instant Criminal Background Check System, at no charge to consumers.
"It's redundant because most of the people have already gone through background checks for firearms, and the federal system has been in place to do this for years. The pending court challenges allege that these additional costs are a violation of the Second Amendment," said Getman.
Both background checks come with a state surcharge. A background check for a handgun or rifle is $9 and for ammo, it's $2.50 per transaction. The background check can take anywhere from minutes, to hours, or even days. Some people have said their purchases have wrongfully been denied.
Philbin said because of the fees and long waits, gun owners are heading to Pennsylvania for their ammo and guns.
"It's simply geographically easier to just hop over the border to Pennsylvania and make the purchase. Once you're down there, why not purchase your ammo or any other guns you might need for hunting, or stands, anything to that effect, which is going to make a huge impact on our local businesses," said Philbin.
WENY was at the Schuyler County Legislature meeting Monday night where the resolution was passed unanimously. One member of the Legislature weighed in after the 7-0 vote was passed.
"I am very happy that it passed. It is something that I believe is very important to the people of Schuyler County. Schuyler County citizens are in support of the Second Amendment rights, and as our county clerk mentioned, this is affecting local businesses," said Mark Rondinaro, the District Seven Legislator for Schuyler County.
While Mountaintop Firearms and Gunsmithing is located in Spencer, and not in Schuyler County, the owner said he's experiencing a loss in sales because of the state-wide stricter gun laws. Michael Keegan said he stopped selling guns and ammo the day the law went into effect.
"Since the laws have changed first with the S.A.F.E. Act…we stopped selling guns and ammo completely because I don’t want to do a background check...on a man who’s coming to buy one or two boxes of .22 ammo to teach his son how to shoot. I'd have to charge him for the background check...which is ridiculous to have to charge them for this is even worse because these are law-abiding citizens [and] their Second Amendment right is being stomped on," said Keegan.
Keegan said when he was selling guns and ammo, it was making around 30 to 40 percent of the shop's income. He said now without having any guns or ammo for sale, he's strictly going by word of mouth, which has worked but profits have dropped about 50 percent.
Keegan said the legislation that's passed by local governments will just be ignored by the federal government.
"They don’t care. They don’t care about our rights, they don’t care about our Second Amendment rights. These laws are created in her (Gov. Hochul's) mind to stop criminal activity, but a criminal doesn’t care. Only a law-abiding citizen will follow the laws that are passed. It’s hindering the law-abiding citizen and it’s costing them money now. I don’t see any criminals coming into some place to buy ammo and going through the background check because they can buy it on the street. They’re criminals, they don’t care. They don’t follow the law, that’s why they’re criminals," said Keegan.
State Senator Mark Walczyk (R-49) sponsored the Bill to repeal the background check fees on guns and ammo purchases.
At the Schuyler County Legislature meeting on December 11th, the resolution calling for the state to repeal background check fees on guns and ammo passed unanimously. Since the legislature passed the resolution, it will now move on to Gov. Hochul for her to approve or deny.
The Bill sponsored by State Senator Walczyk is making its way through Albany and currently sits in committee. It will have to pass through several stages of approval before it could potentially be signed into law.
