STATE OF NEW YORK ________________________________________________________________________ 362 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. GIANARIS, BAILEY, MAY, MAYER, RAMOS, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the general business law and the penal law, in relation to establishing a waiting period for the purchase of a firearm The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new article 2 39-BBB to read as follows: 3 ARTICLE 39-BBB 4 WAITING PERIOD FOR PURCHASE OF 5 FIREARMS 6 Section 876. Definitions. 7 876-a. Waiting period. 8 876-b. Exemptions. 9 876-c. Penalty. 10 § 876. Definitions. As used in this section: 11 1. "Dealer in firearms" has the same meaning as that term is defined 12 in subdivision nine of section 265.00 of the penal law. 13 2. "Firearm" has the same meaning as that term is defined in subdivi- 14 sion three of section 265.00 of the penal law. 15 § 876-a. Waiting period. No dealer in firearms shall deliver any 16 firearm, and no person shall take possession of any firearm from a deal- 17 er in firearms unless: 18 1. ten days have elapsed from the date such dealer initiated the 19 national instant criminal background check of the purchaser as required 20 by 18 U.S.C. § 922(t), after receiving a completed federal Firearms 21 Transaction Record, Form 4473, from the purchaser; and 22 2. such dealer has received notice that the purchaser has passed all 23 background checks required by federal, state and local law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01253-01-5
S. 362 2 1 § 876-b. Exemptions. Section eight hundred seventy-six-a of this arti- 2 cle shall not apply to: 3 1. any law enforcement or correctional agency, or police officer or 4 corrections officer acting within the course or scope of their employ- 5 ment; 6 2. any federal officer or employee authorized to possess or carry a 7 firearm in the course of such officer or employee's duties, and any 8 member of the armed forces of the United States or the national guard; 9 3. any manufacturer, distributor or dealer of firearms when trans- 10 ferring weapons to a manufacturer, distributor or dealer; 11 4. any gunsmith licensed pursuant to section 400.00 of the penal law, 12 receiving a firearm for service or repair; 13 5. any common carrier or other person engaged, in the course of its 14 business, in the business of storing or transporting goods; and 15 6. firearms loaned or leased solely for use as a prop in a motion 16 picture, streaming, television, video, theatrical, or other production 17 or event when the firearm is not loaded with ammunition and the loan or 18 lease is made by a licensed dealer in firearms in the state of New York. 19 Ammunition shall not include blank ammunition consisting of a charge and 20 no projectile. 21 § 876-c. Penalty. Any person who violates the provisions of this arti- 22 cle shall be guilty of a class A misdemeanor. 23 § 2. Subdivision 1 of section 897 of the general business law, as 24 amended by chapter 129 of the laws of 2019, is amended to read as 25 follows: 26 1. A national instant criminal background check shall be conducted and 27 no person shall sell or transfer a firearm, rifle or shotgun at a gun 28 show, except in accordance with the provisions of 18 U.S.C. 922(t), 29 provided that before delivering a firearm, rifle or shotgun to any 30 person, [either (a)] the National Instant Criminal Background Check 31 System (NICS) or its successor has issued a "proceed" response to the 32 seller or transferor, [or (b) thirty calendar days shall have elapsed 33 since the date the seller or transferor contacted NICS to initiate a 34 national instant criminal background check and NICS has not notified the 35 seller or transferor that the transfer of the firearm, rifle or shotgun 36 to such person should be denied] and ten days shall have elapsed from 37 the date such seller or transferor initiated the national instant crimi- 38 nal background check of the purchaser as required by 18 U.S.C. § 922(t), 39 after receiving a completed federal Firearms Transaction Record, Form 40 4473, from the purchaser; and such seller or transferor has received 41 notice that the purchaser has passed all background checks required by 42 federal, state and local law. 43 § 3. Subdivisions 1 and 2 of section 898 of the general business law, 44 subdivision 1 as amended by chapter 129 of the laws of 2019 and subdivi- 45 sion 2 as amended by chapter 371 of the laws of 2022, are amended to 46 read as follows: 47 1. In addition to any other requirements pursuant to state and federal 48 law, all sales, exchanges or disposals of firearms, rifles or shotguns 49 shall be conducted in accordance with this section unless such sale, 50 exchange or disposal is conducted by a licensed importer, licensed 51 manufacturer or licensed dealer, as those terms are defined in 18 USC § 52 922, when such sale, exchange or disposal is conducted pursuant to that 53 person's federal firearms license or such sale, exchange or disposal is 54 between members of an immediate family. When a sale, exchange or 55 disposal is conducted pursuant to a person's federal firearms license, 56 before delivering a firearm, rifle or shotgun to any person, [either
S. 362 3 1 (a)] the National Instant Criminal Background Check System (NICS) or its 2 successor has issued a "proceed" response to the federal firearms licen- 3 see, [or (b) thirty calendar days shall have elapsed since the date the 4 federal firearms licensee contacted NICS to initiate a national instant 5 criminal background check and NICS has not notified the federal firearms 6 licensee that the transfer of the firearm, rifle or shotgun to such 7 person should be denied] and ten days shall have elapsed from the date 8 such dealer initiated the national instant criminal background check of 9 the purchaser as required by 18 U.S.C. § 922(t), after receiving a 10 completed federal Firearms Transaction Record, Form 4473, from the 11 purchaser; and such dealer has received notice that the purchaser has 12 passed all background checks required by federal, state and local law. 13 For purposes of this section, "immediate family" shall mean spouses, 14 domestic partners, children and step-children. 15 2. Before any sale, exchange or disposal pursuant to this article, a 16 national instant criminal background check must be completed by a dealer 17 who shall submit a request to the division of state police pursuant to 18 section two hundred twenty-eight of the executive law to conduct such 19 check. Before a dealer who has submitted a request to the division of 20 state police to conduct a national instant criminal background check 21 delivers a firearm, rifle or shotgun to any person, [either (a)] NICS 22 shall have issued a "proceed" response, [or (b) thirty calendar days 23 shall have elapsed since the date the dealer submitted a request to the 24 division of state police to contact the NICS to initiate a national 25 instant criminal background check and NICS has not notified the division 26 of state police that the transfer of the firearm, rifle or shotgun to 27 such person should be denied] and ten days shall have elapsed from 28 the date such dealer initiated the national instant criminal background 29 check of the purchaser as required by 18 U.S.C. § 922(t), after receiv- 30 ing a completed federal Firearms Transaction Record, Form 4473, from the 31 purchaser; and such dealer has received notice that the purchaser has 32 passed all background checks required by federal, state and local law. 33 § 4. Subdivision 12 of section 400.00 of the penal law, as amended by 34 chapter 207 of the laws of 2022, is amended to read as follows: 35 12. Records required of gunsmiths and dealers in firearms. In addition 36 to the requirements set forth in article thirty-nine-BB of the general 37 business law, any person licensed as gunsmith or dealer in firearms 38 shall keep a record book approved as to form, except in the city of New 39 York, by the superintendent of state police. In the record book shall be 40 entered at the time of every transaction involving a firearm the date, 41 name, age, occupation and residence of any person from whom a firearm is 42 received or to whom a firearm is delivered, and the calibre, make, 43 model, manufacturer's name and serial number, or if none, any other 44 distinguishing number or identification mark on such firearm. Before 45 delivering a firearm to any person, the licensee shall require [him] the 46 person to produce either a license valid under this section to carry or 47 possess the same, or proof of lawful authority as an exempt person 48 pursuant to section 265.20 of this chapter and [either (a)] the National 49 Instant Criminal Background Check System (NICS) or its successor has 50 issued a "proceed" response to the licensee, [or (b) thirty calendar 51 days have elapsed since the date the licensee contacted NICS to initiate 52 a national instant criminal background check and NICS has not notified 53 the licensee that the transfer of the firearm to such person should be 54 denied] and ten days shall have elapsed from the date such dealer initi- 55 ated the national instant criminal background check of the purchaser as 56 required by 18 U.S.C. § 922(t), after receiving a completed federal
S. 362 4 1 Firearms Transaction Record, Form 4473, from the purchaser; and such 2 dealer has received notice that the purchaser has passed all background 3 checks required by federal, state and local law. In addition, before 4 delivering a firearm to a peace officer, the licensee shall verify that 5 person's status as a peace officer with the division of state police. 6 After completing the foregoing, the licensee shall remove and retain the 7 attached coupon and enter in the record book the date of such license, 8 number, if any, and name of the licensing officer, in the case of the 9 holder of a license to carry or possess, or the shield or other number, 10 if any, assignment and department, unit or agency, in the case of an 11 exempt person. The original transaction report shall be forwarded to the 12 division of state police within ten days of delivering a firearm to any 13 person, and a duplicate copy shall be kept by the licensee. The super- 14 intendent of state police may designate that such record shall be 15 completed and transmitted in electronic form. A dealer may be granted a 16 waiver from transmitting such records in electronic form if the super- 17 intendent determines that such dealer is incapable of such transmission 18 due to technological limitations that are not reasonably within the 19 control of the dealer, or other exceptional circumstances demonstrated 20 by the dealer, pursuant to a process established in regulation, and at 21 the discretion of the superintendent. Records assembled or collected 22 for purposes of inclusion in the database created pursuant to section 23 400.02 of this article shall not be subject to disclosure pursuant to 24 article six of the public officers law. The record book shall be main- 25 tained on the premises mentioned and described in the license and shall 26 be open at all reasonable hours for inspection by any peace officer, 27 acting pursuant to [his] their special duties, or police officer. In the 28 event of cancellation or revocation of the license for gunsmith or deal- 29 er in firearms, or discontinuance of business by a licensee, such record 30 book shall be immediately surrendered to the licensing officer in the 31 city of New York, and in the counties of Nassau and Suffolk, and else- 32 where in the state to the executive department, division of state 33 police. 34 § 5. Section 400.20 of the penal law, as added by chapter 129 of the 35 laws of 2019, is amended to read as follows: 36 § 400.20 Waiting period in connection with the sale or transfer of a 37 rifle or shotgun. 38 When a national instant criminal background check is required pursuant 39 to state or federal law to be conducted through the National Instant 40 Criminal Background Check System (NICS) or its successor in connection 41 with the sale or transfer of a rifle or shotgun to any person, before 42 delivering a rifle or shotgun to such person, [either (a)] NICS has 43 issued a "proceed" response to the seller or transferor, [or (b) thirty 44 calendar days shall have elapsed since the date the seller or transferor 45 contacted NICS to initiate a national instant criminal background check 46 and NICS has not notified the seller or transferor that the transfer of 47 the rifle or shotgun to such person should be denied] and ten days 48 shall have elapsed from the date such dealer initiated the national 49 instant criminal background check of the purchaser as required by 18 50 U.S.C. § 922(t), after receiving a completed federal Firearms Trans- 51 action Record, Form 4473, from the purchaser; and such dealer has 52 received notice that the purchaser has passed all background checks 53 required by federal, state and local law. 54 § 6. This act shall take effect on the first of January next succeed- 55 ing the date on which it shall have become a law.