In a decision that has infuriated Second Amendment advocates across the country, a federal appeals court ruled Wednesday that New York’s ammunition background check system does not violate the right to keep and bear arms.
The case, brought by the New York State Firearms Association, challenged the 2022 Concealed Carry Improvement Act, which requires New Yorkers to undergo background checks before purchasing ammunition. Gun owners described the system as a bureaucratic nightmare — plagued by outages, rejections, and long delays that have effectively turned a simple ammo purchase into an ordeal.
The plaintiffs argued that these restrictions clearly violate the Second Amendment under the precedent set by New York State Rifle & Pistol Association v. Bruen, which affirmed that gun regulations must align with the nation’s historical tradition of firearm use and ownership.
But in a 35-page decision, Judge Joseph Bianco, joined by Judges William Nardini and Michael Park — all Trump appointees — upheld the law on the grounds that the plaintiffs failed to demonstrate how the checks “meaningfully constrain” their right to keep and bear arms.
Gun Owners Push Back: “It’s Designed to Frustrate Purchases”
Attorney Stephen Klein, representing the New York gun owners, blasted the decision:
“Today’s opinion is disappointing. The panel upheld a law that is designed to frustrate ammunition purchases by law-abiding New York gun owners and dismissed a record that shows it’s doing just that.”
Klein, a partner at the Washington-based firm Barr & Klein, said the group will continue its fight to eliminate laws like this one, calling such schemes “unconstitutional under the Second Amendment.”
Across New York, sportsmen and hunters have complained that the system routinely crashes or falsely denies transactions, forcing them to cancel orders or travel across state lines to buy ammunition.
“It’s humiliation, plain and simple,” said one upstate gun owner in an earlier statement to NYS Firearms Association. “They’re not stopping criminals — they’re punishing responsible citizens.”
State Officials Celebrate “Common Sense” Gun Control
New York Attorney General Letitia James, who has built her political career on defending strict gun laws, celebrated the ruling as a victory for “public safety.”
“Every New Yorker deserves to feel safe in their community,” James said. “My office will continue to defend our laws and protect public safety.”
During oral arguments, Beezly Kiernan of the AG’s office claimed that background checks are consistent with Bruen, which “approved of background checks” as a way to ensure gun owners are “law-abiding, responsible citizens.”
Gun rights advocates, however, reject that framing. They argue that the law’s real purpose isn’t safety — it’s attrition. By making ammunition purchases slow, costly, and humiliating, the state discourages lawful ownership and erodes gun culture one inconvenience at a time.
The Bigger Picture
For gun owners, this ruling isn’t just about buying bullets — it’s about a government testing the limits of compliance.
If bureaucrats can require a background check for every box of ammo, what’s next?
As gun rights groups prepare to appeal, they see this fight as part of a broader national pattern: using “public safety” as a pretext to chip away at fundamental rights.
In the words of one advocate:
“You don’t stop criminals by inconveniencing the innocent. You stop criminals by enforcing the laws we already have.”
The battle over New York’s ammunition background checks isn’t over — but for now, law-abiding gun owners remain on the defensive in the Empire State.
