BILL NUMBER: S9338A
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 three-calendar-day waiting period before a licensed gun
dealer or other transferor may deliver a firearm, shotgun or rifle to a
purchaser or transferee, with limited exceptions.
 
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 licensee
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, ensure
that three calendar days have elapsed since the date the licensee
contacted the New York State National Instant Background Check System
(NYS NICS) or its successor to initiate a national instant criminal
background check and that NYS NICS has issued a "proceed" response. The
section further provides that for a person with a valid license to carry
or possess a pistol, revolver, or semiautomatic rifle pursuant to
section 400.00 of the penal law, the licensed gunsmith or dealer in
firearms may deliver such pistol, revolver, or semiautomatic rifle,
other than an assault weapon or disguised gun, upon receipt of a
"proceed" response from NYS NICS or its successor. If, after thirty
calendar days, NYS NICS has not issued a response, the licensee may
transfer the firearm at the licensee's discretion.
Section two amends section 400.20 of the penal law to provide that when
a national instant criminal background check is required pursuant to
state or federal law to be conducted through NYS NICS or its successor
in connection with the sale or transfer of a rifle or shotgun to any
person, before delivering a rifle or shotgun to such person, three
calendar days shall have elapsed since the date the seller or transferor
contacted NYS NICS to initiate a national instant criminal background
check and NYS NICS has issued a "proceed" response. If, after thirty
calendar days, NYS N ICS has not issued a response, the seller or
transferor may transfer the rifle or shotgun at the seller's or
transferor's discretion.
Section three amends subdivision 1 of section 897 of the general busi-
ness law to require that a national instant criminal background check at
a gun show be conducted in accordance with section 228 of the executive
law, and to provide that before delivering a firearm, rifle or shotgun
to any person, three calendar days shall have elapsed since the data the
seller or transferor contacted NYS NICS or its successor to initiate a
national instant criminal background check and NYS NICS has issued a
"proceed" response. The section further provides that fora person with a
valid license to carry or possess a pistol, revolver, or semiautomatic
rifle pursuant to section 400.00 of the penal law, the seller or
transferor may deliver such pistol, revolver, or semiautomatic rifle,
other than an assault weapon or disguised gun, upon receipt of a
"proceed" response from NYS.NICS or its successor. If, after thirty
calendar days, NYS NICS has not issued a response, the seller or
transferor may transfer the firearm, rifle or shotgun at the seller's or
transferor's discretion.
Section four amends subdivisions 1 and 2 of section 898 of the general
business law to provide that when a sale, exchange or disposal is
conducted pursuant to a person's federal firearms license, before deliv-
ering a firearm, rifle or shotgun to any person, three calendar days
shall have elapsed since the date the federal firearms licensee
contacted NYS N ICS or its successor to initiate a national instant
criminal background check and NYS NICS has issued a "proceed" response.
The section further provides that for a person with a valid license to
carry or possess a pistol, revolver, or semiautomatic rifle pursuant to
section 400.00 of the penal law, the federal firearms licensee may
deliver such pistol, revolver, or semiautomatic rifle, other than an
assault weapon or disguised gun, upon receipt of a "proceed" response
from NYS NICS or its successor, In addition, the section provides that
before a dealer who has submitted a request to the division of state
police to conduct a national instant criminal background check delivers
a firearm, rifle or shotgun to any person, three calendar days shall
have elapsed since the date the dealer submitted such request to contact
NYS N ICS or its successor and NYS N ICS has issued a "proceed" re
sponse to the dealer. The section further provides that for a person
with a valid license to carry or possess a pistol, revolver, or semiau-
tomatic rifle, the dealer may deliver such pistol, revolver, or semiau-
tomatic rifle, other than an assault weapon or disguised gun, upon
receipt of a "proceed" response from NYS N ICS or its successor. If,
after thirty calendar days, NYS N ICS has not issued a response, the
firearm, rifle or shotgun may be transferred at the discretion of the
federal firearms licensee or dealer, as applicable.
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, with half of
all suicides in the U.S. are carried out with a firearm.
Federal law requires licensed gun dealers to obtain a background check
before selling or transferring a firearm. Under current New York law, a
person may take possession of a firearm, rifle, or shotgun once a
"proceed" response is received, and in certain delayed cases a transfer
may occur after the existing statutory period without a definitive
response. This bill establishes a uniform three-calendar-day waiting
period before delivery in most transactions after initiation of a back-
ground check through NYS N ICS and receipt of a "proceed" response.
A brief waiting period can provide a meaningful pause before a firearm,
rifle, or shotgun is delivered, while preserving lawful access for qual-
ified purchasers, This "cooling off period" can 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, As such, it is imperative to ensure that there
are safeguards in place to delay access to firearms and reduce instances
of impulsive acts of violence or self-harm.
The bill also recognizes that - given the extensive licensing process to
carry or possess a pistol, revolver, or semiautomatic rifle - an excep-
tion to the waiting period may be made for such permit holders, For
those individuals, such firearms may be transferred upon the receipt of
a "proceed" response from NY NICS, with the exception of disguised guns
or assault rifles.
Currently, thirteen states and the District of Columbia have adopted
some form of a waiting period before transferring a firearm to a buyer.
By establishing a consistent statewide framework that uses NYS NICS and
requires a short waiting period in most circumstances, this bill seeks
to promote public safety by reducing gun deaths caused by impulsive acts
of violence or self-harm, while also and ensuring safe, prompt delivery
to responsible gun owners who have satisfied New York's licensing
requirements.
 
LEGISLATIVE HISTORY:
2023 and 2024: A.4261, referred to Codes.
2021 and 2022: A.449a, referred to Codes,
2019 and 2020: A.890, referred to Codes,
2018: A.11287, 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
S9338A: 400.00 penal law, 400.00(12) penal law, 400.20 penal law, 897 general business law, 897(1) general business law