BILL NUMBER: S362
SPONSOR: GIANARIS
 
TITLE OF BILL:
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
 
PURPOSE:
To impose a 10-day waiting period prior to the sale of any firearm as a
means to improve public safety by giving law enforcement officials
sufficient time to conduct a background check on prospective purchasers,
and by eliminating opportunities for impulsive acts of violence.
 
SUMMARY OF PROVISIONS:
Section one of the bill adds a new Article 39-BBB to the general busi-
ness law in relation to establishing a waiting period for the purchase
of a firearm.
*§ 825 defines the terms "Dealer in firearms" and "Firearm".
*§ 826 provides that no dealer in firearms shall deliver any firearm,
and no such person shall take possession of any firearm from a dealer in
firearms unless: the NICS has provided a "proceed" response; and ten
days have elapsed from the date such seller initiated the national
instant background check of the purchaser; and such dealer received
notice that the purchaser has passed all background checks required by
federal, state and local law.
*§ 827 provides exemptions to the article.
*§ 828 provides that a violation of the article shall be a class A
misdemeanor.
Section two of the bill amends subdivision 1 of § 897 of the general
business law to provide that no person at a gun show shall sell or
transfer a firearm unless: the NICS has provided a "proceed" response;
and ten days have elapsed from the date such seller initiated the
national instant background check of the purchaser; and such dealer
received notice that the purchaser has passed all background Checks
required by federal, state and local law.
Section three of the bill amends subdivisions 1 and 2 of § 898 of the
general business law to provide that when a sale, exchange, or disposal
is conducted by a licensed importer, licensed manufacturer or licensed
dealer, the following must occur: the NICS has provided a "proceed"
response; and ten days have elapsed from the date such seller initiated
the national instant background check of the purchaser; and such dealer
received notice that the purchaser has passed all background checks
required by federal, state and local law.
Section four of the bill amends subdivision 12 of § 400.00 of the penal
law to reflect that records required of gunsmiths and dealers in
firearms must include an indication that before delivering a firearm,
the following requirements are met: the NICS has provided a "proceed"
response; and ten days have elapsed from the date such seller initiated
the national instant background check of the purchaser; and such dealer
received notice that the purchaser has passed all background checks
required by federal, state and local law.
Section five of the bill amends § 400.20 of the penal law to reflect
that no person shall sell or transfer any firearm unless: the NICS has
provided a "proceed" response; and ten days have elapsed from the date
such seller initiated the national instant background check of the
purchaser; and such dealer received notice that the purchaser has passed
all background checks required by federal, state and local law.
Section six of the bill sets the effective date.
 
JUSTIFICATION:
Laws imposing a waiting period prior to the sale of a firearm give law
enforcement officials adequate time to perform a thorough background
check on the prospective purchaser, as well as provide a 'cooling off
period to help guard against impulsive acts of violence. Thirteen states
and the District of Columbia have some sort of waiting period that must
elapse before a purchaser can take possession of a firearm.
There is no federal waiting period. Under federal law, a dealer may
transfer a firearm to a prospective purchaser as soon as he or she pass-
es a background check. Currently in NYS, firearms purchases and trans-
fers subject to the Federal Bureau of Investigation's (FBI) National
Instant Criminal Background Check System (NICS) must either receive a
"proceed" response, or thirty calendar days must have passed since the
date the seller or transferor contacted NICS to initiate a national
instant criminal background check, and NICS has not notified the seller
or transferor that the transfer of the rifle or shotgun to such person
should be denied to deliver a firearm, for firearms to be delivered.
However, a 10-day waiting period after passing background checks
required by federal, state, and local law acts as a means to eliminate
opportunities for impulsive acts of violence.
 
LEGISLATIVE HISTORY:
2024: S4818 (Gianaris) PASSED SENATE / A5696 (Lavine) died in codes
2023: S4818 (Gianaris) PASSED SENATE / A5696 (Lavine) died in codes
2022: S1235-A (Gianaris) died in Codes / A9139-A (Lavine) died in codes
2021: S1235 (Gianaris) PASSED SENATE
2019-20: S1831 (Gianaris) died in Consumer Protection
2017-18: S3041 (Gianaris) died in Consumer Protection
2015-16: S2441 (Gianaris) died in Consumer Protection
2013-14: S571 (Gianaris) died in Consumer Pro / A3181 (Kavanagh) died in
codes
2012: S7835 (Gianaris) died in Rules
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

Statutes affected:
S362: 897 general business law, 897(1) general business law, 400.00 penal law, 400.00(12) penal law, 400.20 penal law