BERGEN, N.Y. -- Starting Sept. 13, gun retailers like The Firing Pin in Bergen will be going through New York State Police instead of the National Instant Criminal background check system, or NICS.
Owner Brandon Lewis said he has registered for the new system but otherwise has received little information.
"It really puts the pressure on all of us because customers are coming to us and we don't know anything. We call the state and they don't know anything and it's just craziness," Lewis said.
The state will also begin requiring checks not just for firearms but ammunition purchases and charging fees of $9 and $2.50 respectively each time. Lewis believes it's creating a new unnecessary middle man.
"I am a realist and I just don't anticipate New York's system will one, work at all, or two, work as well and really it's just a needless middle man in the chain. It's going through the same system," he said.
Republican state Sen. Pat Gallivan is also concerned, noting people purchase ammunition far more often than firearms. He expects heavy traffic to lead to delays.
"It's natural, right? Any time you start something new you've got to, you're going to have kinks in the system and you have to work your way through those various bugs. In this particular case, this is an awful lot at once and to what end?" Gallivan said.
Democratic state Assemblywoman Pat Fahy said the end goal is an extra layer of safety. She pointed out background checks could at least inconvenience someone who has obtained a firearm illegally but attempted to purchase ammo at a retailer.
She also said the new database complements the state's now stricter Red Flag laws.
"We do think data is important and the fees that are going to be assessed are going to help pay for this data system and we know that what is being done on the federal level is falling short," Fahy said.
Lewis believes the law, on its face, is unconstitutional but will be an even more egregious breach if legal sales stall because the state is not ready on the date it chose to implement the new system. State Police said it still plans to begin the new process on Sept. 13.
"We do have to wait until the law actually takes effect and we're affected by it but we will be (suing). We're rallying support. We're working with our partners Firearms Policy Coalition. They're a group of lawyers out in California. They have several, I want to say five lawsuits, that are currently going in New York State," Lewis said.
An ammunition background check and database was part of the 2013 SAFE Act that was signed into law but that provision was never implemented. Last year, the Legislature approved the program that is going into effect.