Another New York gun law has been upheld by a federal court

And Hochul says she's not planning a probe into the withdrawal of a casino proposal.

Good afternoon — It’s Wednesday and I Love Lucy Day.

In today’s CapCon:

• A New York law that requires background checks for ammunition purchases was upheld by a federal appellate court. Here’s why.

• Hochul responded to calls for an investigation into MGM’s decision to pull its casino proposal in Yonkers, whose mayor called for a probe.

• Human services organizations are asking for a 2.7% cost of living adjustment in next year’s state budget.

• New York ranks 48th in the timely delivery of early intervention services. A new report says there’s a bill in the Legislature that could help.

Names in today’s CapCon: Kathy Hochul, George Borrello, David DiPietro, Tish James, Mike Spano, Ken Jenkins, Glenn Liebman, Amy Paulin, Gustavo Rivera, Pat Fahy

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(Skip Dickstein/Times Union)

⚖️ New York’s law requiring background checks to buy bullets upheld in federal court

New York is one of two states that’s passed a law requiring a background check when consumers buy ammunition for a gun. California is the other state.

The results of a background check for gun and ammunition purchases are usually instant, allowing buyers to walk out with their rounds without delay. But that’s not always the case.

That’s part of why an advocacy group — the New York State Firearms Association — and two members of the state Legislature sued the state two years ago to overturn the state’s background check requirement for ammunition purchases.

Those background checks weren’t required in New York until 2023. They were the result of a new set of gun laws approved by Gov. Kathy Hochul and the state Legislature a year earlier.

State Sen. George Borrello, a plaintiff in the lawsuit, said the background check requirement and a fee required to be paid by retailers have deterred him from buying ammunition.

Assemblyman David DiPietro, also a plaintiff, said the same but also challenged the law because he wants to sell ammunition to someone but would be fined $1,000 because he’s not licensed by the state as the law requires.

A separate plaintiff, William Ortman, said he experienced delays in purchasing ammunition because a seller’s background system wasn’t working at the time.

Those are all reasons, they argued, why the law should be struck down as unconstitutional for infringing on their rights under the Second Amendment.

Three judges on the Second Circuit U.S. Court of Appeals rejected each of them in the decision released Wednesday.

The Thurgood Marshall U.S. Courthouse in Manhattan, where the Second Circuit Court of Appeals is seated (Mark Lennihan/Associated Press)

🖋️ Why the court’s decision is significant

Several lawsuits challenging gun laws in multiple states have emerged since the U.S. Supreme Court struck down New York’s concealed carry law in 2022.