Gun Rally at the Inner harbor

File photo: Pro-gun rally at the Syracuse Inner Harbor amphitheater. Today, Gov. Andrew Cuomo agreed to changes to limits on ammunition sales, his biggest concession to date regarding the NY Safe Act.

(David Lassman | dlassman@syracuse.com)

SYRACUSE, N.Y. -- Gov. Andrew Cuomo has agreed to suspend plans for background checks for ammunition sales in New York and allow internet sales of ammunition, changing part of the NY Safe Act, according to state Sen. James Seward.

The changes are part of a "memorandum of understanding" struck between senate Republicans and Cuomo, a Democrat, according to Seward. It wasn't immediately clear if Assembly Democrats backed the changes.

"I think it's very significant," Seward, R-Milford, said this afternoon. "This is a banner day for law-abiding gun owners in New York."

It also wasn't immediately clear when -- or if -- Internet sales of ammunition would resume in New York.

Seward said this afternoon it would happen "in a reasonable amount of time."

But a spokesman for Cuomo said the Safe Act suspensions would not change state laws regarding Internet sales.

"No provision of the SAFE Act -including the ban on Internet ammunition sales -- has been rolled back or altered due to this memorandum," Cuomo spokesman Rich Azzopardi said. "This simply acknowledges what has been said previously -- the ammunition sales database will not be prematurely introduced until the technology is ready and it does not create an undue burden for business owners. "

And a gun-control advocate said she saw the change as more of an acknowledgment of the challenges of setting up the system, rather than watering down the law.

"I just think this is going to be a delay in implementation," said Leah Gunn Barrett, director of New Yorkers Against Gun Violence.

Seward defended the unique agreement -- which virtually shut out Democratic lawmakers and circumvented the legislative process.

When asked if he thought it would set a precedent for other lawmakers creating other deals with the governor that Republicans might not like, Seward said: "That's not going to keep me up at night."

A spokesman for the Senate's minority leader, Sen. Andrew Stewart-Cousins, was outraged at the two-way deal.

"I guess we don't have the toughest gun laws in the nation anymore," spokesman Mike Murphy said. "This two-way agreement is outrageous. I'm looking forward to the MOUs on the minimum wage, paid family leave, protecting a woman's right to choose and the numerous other things the Senate Republicans are blocking."

Seward noted that Assembly Democrats already agreed to cut money to build the database from this year's state budget.

"There was slight movement in this direction in the budget," Seward said. "We're just going the extra mile with this MOU."

Cuomo did not sign the MOU. It was signed by Senate Majority Leader John Flanagan and New York State Director of Operations James Malatras, a top Cuomo aide.

The agreement stops the state from spending money developing the background check system, which was never implemented. New York State Police Superintendent repeatedly told lawmakers that the system was far from creation since the Safe Act was signed in early 2013.

Sen. Michael Nozzolio, R-Fayette, said in a statement the background check system could have cost as much as $100 million.

The agreement doesn't erase any possibility of background checks on ammo sales in the future, Seward noted. But, to restart the work on the database, the Senate leadership would have to agree to change the MOU.

"That day will never come," Seward said, adding, as long as the Republicans maintain control of the state Senate.

Seward also noted New York has had a shortage of ammunition supply since the Safe Act was enacted. Opening up Internet sales should help, he said.

This marks the second time Cuomo has agreed to changes to the Safe Act, a set of stricter gun laws passed a month after the mass shooting at Sandy Hook Elementary School in Newtown, Conn. In 2013, the governor agreed to exempt retired police from some restrictions in the gun laws.

Flanagan won key support from some Upstate Republican senators, including Seward, in his recent election as the top Senate leader. Flanagan beat out Sen. John DeFrancisco, R-Syracuse, for the top post.

NY Safe Act Changes