NY State Senate Bill 2025-S362

Current Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
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Jan 08, 2025	referred to codes

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2025-S362 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: General Business Law
Laws Affected:: Add Art 39-BBB §§876 - 876-c, amd §§897 & 898, Gen Bus L; amd §§400.00 & 400.20, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7835
2013-2014: S571
2015-2016: S2441
2017-2018: S3041
2019-2020: S1831
2021-2022: S1235
2023-2024: S4818

2025-S362 (ACTIVE) - Summary

Establishes a 10 day waiting period for the purchase of any firearm; establishes violations of such provisions shall constitute a class A misdemeanor.

2025-S362 (ACTIVE) - Sponsor Memo

                                 
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.

2025-S362 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    362
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  GIANARIS, BAILEY, MAY, MAYER, RAMOS, SEPULVEDA --
   read twice and ordered printed, and when printed to  be  committed  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.

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

                                                            LBD01253-01-5
 S. 362                              2
 
   § 876-B. EXEMPTIONS. SECTION EIGHT HUNDRED SEVENTY-SIX-A OF THIS ARTI-
 CLE SHALL NOT APPLY TO:
   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
 S. 362                              3

 (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 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
 S. 362                              4
 
 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.  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.

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Robert_Cripps

1 week ago

Unlike many of the other rights protected by the U.S. Constitution, Second Amendment rights have been abridged for too long.

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Senate Bill S362

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

2025-S362 (ACTIVE) - Details

2025-S362 (ACTIVE) - Summary

2025-S362 (ACTIVE) - Sponsor Memo

2025-S362 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S362

Share this bill

Sponsored By

Michael Gianaris

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

Jamaal T. Bailey

Rachel May

Shelley B. Mayer

Jessica Ramos

2025-S362 (ACTIVE) - Details

2025-S362 (ACTIVE) - Summary

2025-S362 (ACTIVE) - Sponsor Memo

2025-S362 (ACTIVE) - Bill Text download pdf

Comments