BILL NUMBER: S9338
SPONSOR: GIANARIS
 
TITLE OF BILL:
An act to amend the penal law and the general business law, in relation
to establishing a waiting period before a firearm, shotgun or rifle may
be delivered to a person
 
PURPOSE:
To establish a waiting period before a licensed gun dealer may deliver a
firearm, shotgun or rifle to a purchaser
 
SUMMARY OF PROVISIONS:
Section one amends subdivision 12 of section 400.00 of the penal law to
provide that before delivering a firearm to any person, the licensed gun
dealer shall in addition to requiring such person to produce either a
license valid under this section to carry or possess the same, or proof
of lawful authority as an exempt person pursuant to section 265.20, ten
business days have elapsed since the date the licensee contacted the New
York State National Instant Criminal Background Check System (NYS NICS)
to initiate a national instant criminal background check.
Section two amends the penal law by adding a new section 400.20 to
provide that when a national instant criminal background check is
required pursuant to state or federal law to be conducted through NYS
NICS in connection with the sale or transfer of a rifle or shotgun to
any person, before delivering a rifle or shotgun to such person, ten
business days shall have elapsed since the date the seller or transferor
contacted NYS NICS to initiate a national instant criminal background
check.
Section three amends subdivision 1 of section 897 of the general busi-
ness law, as added by chapter 189 of the laws of 2000, to provide that
before delivering a firearm, rifle or shotgun to any person, ten busi-
ness days shall have elapsed since the date the seller or transferor
contacted NYS NICS to initiate a national instant criminal background
check.
Section four amends subdivisions 1 and 2 of section 898 of the general
business law, as added by chapter 1 of the laws of 2013, to provide that
when a sale, exchange or disposal is conducted pursuant to a person's
federal firearms license, before delivering a firearm, rifle or shotgun
to any person, ten business days shall have elapsed since the date the
federal firearms licensee contacted NYS NICS to initiate a national
instant criminal background check. In addition, the section provides
that before a dealer who consents to conduct a national instant criminal
background check delivers a firearm, rifle or shotgun to any person, ten
business days shall have elapsed since the date the dealer contacted NYS
NICS to initiate a national instant criminal background check.
Section five provides the effective date.
 
JUSTIFICATION:
According to the Centers for Disease Control, suicide rates have
increased by more than 30% in half of states since 1999. In New York,
there has been a 28.8% increase.* In fact, suicides constitute two-
thirds of all gun deaths in the U.S., with more than 21,000 suicides by
firearm per year. Guns are an extremely common means of suicide; half of
all suicides in the U.S. are carried out with a firearm.
Federal law requires licensed gun dealers to obtain a NYS NICS back-
ground check before selling a firearm and the NYS NICS response to deny
or proceed with the sale must be reported to the gun dealer within three
business days. New York only requires an additional waiting period
before a person can take possession of a gun if the
NYS NICS response is delayed, without a definitive denial or approval.
This bill would impose a mandatory ten-day waiting period for all
purchases before an individual can take possession of a firearm, creat-
ing a "cooling off period" to prevent impulsive actions, including
suicide. The Giffords Law Center notes that a variety of studies confirm
that most suicide survivors considered their actions for only a short
period of time-often less than 24 hours-before making a suicide attempt.
At least ten states currently impose some type of mandatory waiting
period for firearms purchases. California, the District of Columbia,
Hawaii, Illinois, and Rhode Island impose mandatory waiting periods for
purchases of all firearms. Minnesota imposes a mandatory waiting period
for the sale of handguns and assault weapons. Florida, Maryland, Iowa,
and New Jersey impose mandatory waiting periods for purchases of hand-
guns only. States with waiting period laws for gun purchases have lower
rates of suicide. Research published in the American Journal of Public
Health showed that states with waiting period laws had 51% fewer firearm
suicides and a 27% lower overall, suicide rate than states without such
laws. In addition to preventing suicides, a mandatory ten-day waiting
period would prevent other impulsive acts of gun violence.
 
LEGISLATIVE HISTORY:
2023 and 2024:A4261,referred to Codes.
2021 and 2022:A449a,referred to Codes.
2019 and 2020:A890, referred to Codes
2018:A11287,referred to Codes
 
FISCAL IMPLICATIONS:
None to the State
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law

Statutes affected:
S9338: 400.00 penal law, 400.00(12) penal law, 400.20 penal law, 897 general business law, 897(1) general business law