S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1210
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by M. of A. PAULIN, DINOWITZ, SEAWRIGHT, ROSENTHAL, ZINERMAN
   -- read once and referred to the Committee on Codes
 
 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

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  12  of  section  400.00 of the penal law, as
 amended by chapter 207 of the laws  of  2022,  is  amended  to  read  as
 follows:
   12. Records required of gunsmiths and dealers in firearms. In addition
 to  the  requirements set forth in article thirty-nine-BB of the general
 business law, any person licensed as  gunsmith  or  dealer  in  firearms
 shall  keep a record book approved as to form, except in the city of New
 York, by the superintendent of state police. In the record book shall be
 entered at the time of every transaction involving a firearm  the  date,
 name, age, occupation and residence of any person from whom a firearm is
 received  or  to  whom  a  firearm  is delivered, and the calibre, make,
 model, manufacturer's name and serial number,  or  if  none,  any  other
 distinguishing  number  or  identification  mark on such firearm. Before
 delivering a firearm to any person, the  licensee  shall  require  [him]
 SUCH  LICENSEE  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 of this chapter and [either] (a) [the
 National Instant Criminal Background Check System (NICS) or its  succes-
 sor  has  issued  a  "proceed"  response  to the licensee, or (b) thirty
 calendar] TEN BUSINESS days have elapsed since  the  date  the  licensee
 contacted  [NICS]  THE  NEW YORK STATE NATIONAL INSTANT BACKGROUND CHECK
 SYSTEM ("NYS NICS") OR ITS SUCCESSOR  to  initiate  a  national  instant
 criminal  background  check and (B) NYS NICS has [not notified] ISSUED A
 "PROCEED" RESPONSE TO the licensee [that].  IF,  AFTER  THIRTY  CALENDAR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03394-01-5
              

 A. 1210                             2
 
 DAYS,  NYS NICS HAS NOT ISSUED A RESPONSE TO the LICENSEE FOR THE PERSON
 REQUESTING transfer of  the  firearm,  THE  LICENSEE  MAY  TRANSFER  THE
 FIREARM  to such person [should be denied] AT THE LICENSEE'S DISCRETION.
 In  addition, before delivering a firearm to a peace officer, the licen-
 see shall verify that person's status as a peace officer with the  divi-
 sion of state police. After completing the foregoing, the licensee shall
 remove  and  retain the attached coupon and enter in the record book the
 date of such license, number, if any, and name of the licensing officer,
 in the case of the holder of a license  to  carry  or  possess,  or  the
 shield or other number, if any, assignment and department, unit or agen-
 cy,  in  the  case  of an exempt person. The original transaction report
 shall be forwarded to the division of state police within  ten  days  of
 delivering  a  firearm to any person, and a duplicate copy shall be kept
 by the licensee. The superintendent of state police may  designate  that
 such  record  shall  be  completed and transmitted in electronic form. A
 dealer may be granted a waiver from transmitting such records  in  elec-
 tronic form if the superintendent determines that such dealer is incapa-
 ble  of  such transmission due to technological limitations that are not
 reasonably within the  control  of  the  dealer,  or  other  exceptional
 circumstances  demonstrated  by the dealer, pursuant to a process estab-
 lished in regulation, and  at  the  discretion  of  the  superintendent.
 Records assembled or collected for purposes of inclusion in the database
 created  pursuant to section 400.02 of this article shall not be subject
 to disclosure pursuant to article six of the public  officers  law.  The
 record  book shall be maintained on the premises mentioned and described
 in the license and shall be open at all reasonable hours for  inspection
 by  any  peace  officer,  acting  pursuant to [his] SUCH PEACE OFFICER'S
 special duties, or police officer. In the event of cancellation or revo-
 cation of the license for gunsmith or dealer in firearms, or  discontin-
 uance  of  business by a licensee, such record book shall be immediately
 surrendered to the licensing officer in the city of New York, and in the
 counties of Nassau and Suffolk, and elsewhere in the state to the execu-
 tive department, division of state police.
   § 2. Section 400.20 of the penal law, as added by chapter 129  of  the
 laws of 2019, is amended to read as follows:
 § 400.20 Waiting  period  in  connection  with the sale or transfer of a
            rifle or shotgun.
   When a national instant criminal background check is required pursuant
 to state or federal law to be  conducted  through  the  NEW  YORK  STATE
 National  Instant [Criminal] Background Check System [(NICS)] (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, [either] (a) [NICS has issued a "proceed" response to the seller
 or transferor, or (b) thirty calendar]  TEN  BUSINESS  days  shall  have
 elapsed  since  the  date  the seller or transferor contacted [NICS] NYS
 NICS to initiate a national instant criminal background  check  and  (B)
 NYS NICS has [not notified] ISSUED A "PROCEED" RESPONSE TO the seller or
 transferor  [that].    IF,  AFTER THIRTY CALENDAR DAYS, NYS NICS HAS NOT
 ISSUED A RESPONSE TO the SELLER OR TRANSFEROR FOR THE PERSON  REQUESTING
 transfer  of the rifle or shotgun, THE SELLER OR TRANSFEROR MAY TRANSFER
 THE RIFLE OR SHOTGUN to such person [should be denied] AT THE SELLER  OR
 TRANSFEROR'S DISCRETION.
   §  3.  Subdivision  1  of  section 897 of the general business law, as
 amended by chapter 129 of the laws  of  2019,  is  amended  to  read  as
 follows:
 A. 1210                             3
 
   1. A national instant criminal background check shall be conducted and
 no  person  shall  sell or transfer a firearm, rifle or shotgun at a gun
 show, except in accordance with the  provisions  of  18  U.S.C.  922(t),
 provided  that  before  delivering  a  firearm,  rifle or shotgun to any
 person,  [either]  (a)  [the  National Instant Criminal Background Check
 System (NICS) or its successor has issued a "proceed"  response  to  the
 seller  or  transferor,  or (b) thirty calendar] TEN BUSINESS days shall
 have elapsed since the date the seller or  transferor  contacted  [NICS]
 THE NEW YORK STATE NATIONAL INSTANT BACKGROUND CHECK SYSTEM ("NYS NICS")
 OR  ITS  SUCCESSOR  to  initiate  a national instant criminal background
 check and NYS NICS has [not notified] ISSUED A "PROCEED" RESPONSE TO the
 seller or transferor [that].  IF, AFTER THIRTY CALENDAR DAYS,  NYS  NICS
 HAS  NOT  ISSUED  A  RESPONSE TO the SELLER OR TRANSFEROR FOR THE PERSON
 REQUESTING transfer of the firearm, rifle  or  shotgun,  THE  SELLER  OR
 TRANSFEROR  MAY  TRANSFER  THE  FIREARM, RIFLE OR SHOTGUN to such person
 [should be denied] AT THE SELLER OR TRANSFEROR'S DISCRETION.
   § 4. Subdivisions 1 and 2 of section 898 of the general business  law,
 subdivision 1 as amended by chapter 129 of the laws of 2019 and subdivi-
 sion  2  as  amended  by chapter 371 of the laws of 2022, are amended to
 read as follows:
   1. In addition to any other requirements pursuant to state and federal
 law, all sales, exchanges or disposals of firearms, rifles  or  shotguns
 shall  be  conducted  in  accordance with this section unless such sale,
 exchange or disposal is  conducted  by  a  licensed  importer,  licensed
 manufacturer  or licensed dealer, as those terms are defined in 18 USC §
 922, when such sale, exchange or disposal is conducted pursuant to  that
 person's  federal firearms license or such sale, exchange or disposal is
 between members of  an  immediate  family.  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,  [either]
 (a) [the National Instant Criminal Background Check System (NICS) or its
 successor has issued a "proceed" response to the federal firearms licen-
 see,  or (b) thirty calendar] TEN BUSINESS days shall have elapsed since
 the date the federal firearms licensee contacted  [NICS]  THE  NEW  YORK
 STATE  NATIONAL  INSTANT  BACKGROUND  CHECK  SYSTEM  ("NYS NICS") OR ITS
 SUCCESSOR to initiate a national instant criminal background  check  and
 (B)  NYS  NICS  has  [not  notified]  ISSUED A "PROCEED" RESPONSE TO the
 federal firearms licensee [that].  IF, AFTER THIRTY CALENDAR  DAYS,  NYS
 NICS  HAS NOT ISSUED A RESPONSE TO the FEDERAL FIREARMS LICENSEE FOR THE
 PERSON REQUESTING transfer of the firearm, rifle or shotgun , THE FEDER-
 AL FIREARM LICENSEE MAY TRANSFER THE FIREARM, RIFLE OR SHOTGUN  to  such
 person  [should be denied] AT THE FEDERAL FIREARM LICENSEE'S DISCRETION.
 For purposes of this section, "immediate  family"  shall  mean  spouses,
 domestic partners, children and step-children.
   2.  Before  any sale, exchange or disposal pursuant to this article, a
 national instant criminal background check must be completed by a dealer
 who shall submit a request to the division of state police  pursuant  to
 section  two  hundred  twenty-eight of the executive law to conduct such
 check. 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, [either]  (a)  [NICS
 shall  have  issued  a  "proceed"  response, or (b) thirty calendar] TEN
 BUSINESS days shall have elapsed since the date the dealer  submitted  a
 request  to  the division of state police to contact the [NICS] NYS NICS
 OR ITS SUCCESSOR to initiate  a  national  instant  criminal  background
 check and (B) NYS NICS has [not notified] ISSUED A "PROCEED" RESPONSE TO
 A. 1210                             4
 
 the  [division  of  state police that] DEALER. IF, AFTER THIRTY CALENDAR
 DAYS, NYS NICS HAS NOT ISSUED A RESPONSE TO the DEALER  FOR  THE  PERSON
 REQUESTING  transfer  of  the  firearm, rifle or shotgun, THE DEALER MAY
 TRANSFER THE FIREARM, RIFLE OR SHOTGUN to such person [should be denied]
 AT THE DEALER'S DISCRETION.
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.