S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3233
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2025
                                ___________
 
 Introduced  by  M. of A. LAVINE, SEAWRIGHT, MEEKS, DINOWITZ -- read once
   and referred 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:
 
   Section 1. The general business law is amended by adding a new article
 39-BBB to read as follows:
                              ARTICLE 39-BBB
                      WAITING PERIOD FOR PURCHASE OF
                                 FIREARMS
 SECTION 876.   DEFINITIONS.
         876-A. WAITING PERIOD.
         876-B. EXEMPTIONS.
         876-C. PENALTY.
   § 876. DEFINITIONS. AS USED IN THIS SECTION:
   1.  "DEALER IN FIREARMS" HAS THE SAME MEANING AS THAT TERM IS  DEFINED
 IN SUBDIVISION NINE OF SECTION 265.00 OF THE PENAL LAW.
   2.  "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVI-
 SION THREE OF SECTION 265.00 OF THE PENAL LAW.
   § 876-A. WAITING PERIOD. NO  DEALER  IN  FIREARMS  SHALL  DELIVER  ANY
 FIREARM, AND NO PERSON SHALL TAKE POSSESSION OF ANY FIREARM FROM A DEAL-
 ER IN FIREARMS UNLESS:
   1.  TEN  DAYS  HAVE  ELAPSED  FROM  THE DATE SUCH DEALER INITIATED THE
 NATIONAL INSTANT CRIMINAL BACKGROUND CHECK OF THE PURCHASER AS  REQUIRED
 BY  18  U.S.C.  §  922(T),  AFTER RECEIVING A COMPLETED FEDERAL FIREARMS
 TRANSACTION RECORD, FORM 4473, FROM THE PURCHASER; AND
   2. SUCH DEALER HAS RECEIVED NOTICE THAT THE PURCHASER HAS  PASSED  ALL
 BACKGROUND CHECKS REQUIRED BY FEDERAL, STATE AND LOCAL LAW.
   § 876-B. EXEMPTIONS. SECTION EIGHT HUNDRED SEVENTY-SIX-A OF THIS ARTI-
 CLE SHALL NOT APPLY TO:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01253-01-5
              

 A. 3233                             2
 
   1.  ANY  LAW  ENFORCEMENT OR CORRECTIONAL AGENCY, OR POLICE OFFICER OR
 CORRECTIONS OFFICER ACTING WITHIN THE COURSE OR SCOPE OF  THEIR  EMPLOY-
 MENT;
   2.  ANY  FEDERAL  OFFICER OR EMPLOYEE AUTHORIZED TO POSSESS OR CARRY A
 FIREARM IN THE COURSE OF SUCH OFFICER  OR  EMPLOYEE'S  DUTIES,  AND  ANY
 MEMBER OF THE ARMED FORCES OF THE UNITED STATES OR THE NATIONAL GUARD;
   3.  ANY  MANUFACTURER,  DISTRIBUTOR  OR DEALER OF FIREARMS WHEN TRANS-
 FERRING WEAPONS TO A MANUFACTURER, DISTRIBUTOR OR DEALER;
   4. ANY GUNSMITH LICENSED PURSUANT TO SECTION 400.00 OF THE PENAL  LAW,
 RECEIVING A FIREARM FOR SERVICE OR REPAIR;
   5.  ANY  COMMON  CARRIER OR OTHER PERSON ENGAGED, IN THE COURSE OF ITS
 BUSINESS, IN THE BUSINESS OF STORING OR TRANSPORTING GOODS; AND
   6. FIREARMS LOANED OR LEASED SOLELY FOR USE AS  A  PROP  IN  A  MOTION
 PICTURE,  STREAMING,  TELEVISION, VIDEO, THEATRICAL, OR OTHER PRODUCTION
 OR EVENT WHEN THE FIREARM IS NOT LOADED WITH AMMUNITION AND THE LOAN  OR
 LEASE IS MADE BY A LICENSED DEALER IN FIREARMS IN THE STATE OF NEW YORK.
 AMMUNITION SHALL NOT INCLUDE BLANK AMMUNITION CONSISTING OF A CHARGE AND
 NO PROJECTILE.
   § 876-C. PENALTY. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS ARTI-
 CLE SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   §  2.  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:
   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 days  shall  have  elapsed
 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 firearm, rifle or  shotgun
 to  such  person should be denied]  AND TEN DAYS SHALL HAVE ELAPSED FROM
 THE DATE SUCH SELLER OR TRANSFEROR INITIATED THE NATIONAL INSTANT CRIMI-
 NAL BACKGROUND CHECK OF THE PURCHASER AS REQUIRED BY 18 U.S.C. § 922(T),
 AFTER RECEIVING A COMPLETED FEDERAL FIREARMS  TRANSACTION  RECORD,  FORM
 4473,  FROM  THE  PURCHASER;  AND SUCH SELLER OR TRANSFEROR HAS RECEIVED
 NOTICE THAT THE PURCHASER HAS  PASSED  ALL BACKGROUND CHECKS REQUIRED BY
 FEDERAL, STATE AND LOCAL LAW.
   § 3. 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-
 A. 3233                             3
 
 see,  [or (b) thirty calendar days shall have elapsed since the date the
 federal firearms licensee contacted NICS to initiate a national  instant
 criminal background check and NICS has not notified the federal firearms
 licensee  that  the  transfer  of  the firearm, rifle or shotgun to such
 person should be denied] AND  TEN  DAYS SHALL HAVE ELAPSED FROM THE DATE
 SUCH DEALER INITIATED THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK  OF
 THE  PURCHASER  AS  REQUIRED  BY  18  U.S.C. § 922(T), AFTER RECEIVING A
 COMPLETED FEDERAL FIREARMS  TRANSACTION  RECORD,  FORM  4473,  FROM  THE
 PURCHASER;  AND  SUCH  DEALER HAS RECEIVED NOTICE THAT THE PURCHASER HAS
 PASSED ALL BACKGROUND CHECKS REQUIRED BY FEDERAL, STATE AND  LOCAL  LAW.
 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  days
 shall  have elapsed since the date the dealer submitted a request to the
 division of state police to contact the  NICS  to  initiate  a  national
 instant criminal background check and NICS has not notified the division
 of  state  police  that the transfer of the firearm, rifle or shotgun to
 such person should be denied] AND  TEN  DAYS SHALL  HAVE  ELAPSED   FROM
 THE  DATE SUCH DEALER INITIATED THE NATIONAL INSTANT CRIMINAL BACKGROUND
 CHECK OF THE PURCHASER AS  REQUIRED BY 18 U.S.C. § 922(T), AFTER RECEIV-
 ING A COMPLETED FEDERAL FIREARMS TRANSACTION RECORD, FORM 4473, FROM THE
 PURCHASER; AND SUCH DEALER HAS RECEIVED NOTICE THAT  THE  PURCHASER  HAS
 PASSED  ALL BACKGROUND CHECKS REQUIRED BY FEDERAL, STATE AND LOCAL LAW.
   §  4. 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] THE
 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 of this chapter and [either (a)] the National
 Instant  Criminal  Background  Check  System (NICS) or its successor has
 issued a "proceed" response to the licensee,  [or  (b)  thirty  calendar
 days have elapsed since the date the licensee contacted NICS to initiate
 a  national  instant criminal background check and NICS has not notified
 the licensee that the transfer of the firearm to such person  should  be
 denied] AND TEN DAYS SHALL HAVE ELAPSED FROM THE DATE SUCH DEALER INITI-
 ATED  THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK OF THE PURCHASER AS
 REQUIRED BY 18 U.S.C. § 922(T),  AFTER  RECEIVING  A  COMPLETED  FEDERAL
 FIREARMS  TRANSACTION  RECORD,  FORM  4473, FROM THE PURCHASER; AND SUCH
 DEALER HAS RECEIVED NOTICE THAT THE PURCHASER HAS PASSED ALL  BACKGROUND
 A. 3233                             4
 
 CHECKS  REQUIRED  BY  FEDERAL,  STATE AND LOCAL LAW. In addition, before
 delivering a firearm to a peace officer, the licensee shall verify  that
 person's  status  as  a peace officer with the division 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 agency, 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  super-
 intendent  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 electronic form if the super-
 intendent determines that such dealer is incapable 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 established 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 main-
 tained 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] THEIR special duties, or police officer. In the
 event of cancellation or revocation of the license for gunsmith or deal-
 er in firearms, or discontinuance 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 else-
 where in the state  to  the  executive  department,  division  of  state
 police.
   §  5.  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 National Instant
 Criminal Background Check System (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 days shall have elapsed 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]    AND  TEN  DAYS
 SHALL  HAVE  ELAPSED  FROM  THE  DATE SUCH DEALER INITIATED THE NATIONAL
 INSTANT CRIMINAL BACKGROUND CHECK OF THE PURCHASER  AS  REQUIRED  BY  18
 U.S.C.   §   922(T), AFTER RECEIVING A COMPLETED FEDERAL FIREARMS TRANS-
 ACTION RECORD, FORM 4473,  FROM  THE  PURCHASER;  AND  SUCH  DEALER  HAS
 RECEIVED  NOTICE  THAT  THE PURCHASER HAS   PASSED ALL BACKGROUND CHECKS
 REQUIRED BY FEDERAL, STATE AND LOCAL LAW.
   § 6. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.