STATE OF NEW YORK
________________________________________________________________________
1210
2025-2026 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Subdivision 12 of section 400.00 of the penal law, as
2 amended by chapter 207 of the laws of 2022, is amended to read as
3 follows:
4 12. Records required of gunsmiths and dealers in firearms. In addition
5 to the requirements set forth in article thirty-nine-BB of the general
6 business law, any person licensed as gunsmith or dealer in firearms
7 shall keep a record book approved as to form, except in the city of New
8 York, by the superintendent of state police. In the record book shall be
9 entered at the time of every transaction involving a firearm the date,
10 name, age, occupation and residence of any person from whom a firearm is
11 received or to whom a firearm is delivered, and the calibre, make,
12 model, manufacturer's name and serial number, or if none, any other
13 distinguishing number or identification mark on such firearm. Before
14 delivering a firearm to any person, the licensee shall require [him]
15 such licensee to produce either a license valid under this section to
16 carry or possess the same, or proof of lawful authority as an exempt
17 person pursuant to section 265.20 of this chapter and [either] (a) [the
18 National Instant Criminal Background Check System (NICS) or its succes-
19 sor has issued a "proceed" response to the licensee, or (b) thirty
20 calendar] ten business days have elapsed since the date the licensee
21 contacted [NICS] the New York State National Instant Background Check
22 System ("NYS NICS") or its successor to initiate a national instant
23 criminal background check and (b) NYS NICS has [not notified] issued a
24 "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
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1 days, NYS NICS has not issued a response to the licensee for the person
2 requesting transfer of the firearm, the licensee may transfer the
3 firearm to such person [should be denied] at the licensee's discretion.
4 In addition, before delivering a firearm to a peace officer, the licen-
5 see shall verify that person's status as a peace officer with the divi-
6 sion of state police. After completing the foregoing, the licensee shall
7 remove and retain the attached coupon and enter in the record book the
8 date of such license, number, if any, and name of the licensing officer,
9 in the case of the holder of a license to carry or possess, or the
10 shield or other number, if any, assignment and department, unit or agen-
11 cy, in the case of an exempt person. The original transaction report
12 shall be forwarded to the division of state police within ten days of
13 delivering a firearm to any person, and a duplicate copy shall be kept
14 by the licensee. The superintendent of state police may designate that
15 such record shall be completed and transmitted in electronic form. A
16 dealer may be granted a waiver from transmitting such records in elec-
17 tronic form if the superintendent determines that such dealer is incapa-
18 ble of such transmission due to technological limitations that are not
19 reasonably within the control of the dealer, or other exceptional
20 circumstances demonstrated by the dealer, pursuant to a process estab-
21 lished in regulation, and at the discretion of the superintendent.
22 Records assembled or collected for purposes of inclusion in the database
23 created pursuant to section 400.02 of this article shall not be subject
24 to disclosure pursuant to article six of the public officers law. The
25 record book shall be maintained on the premises mentioned and described
26 in the license and shall be open at all reasonable hours for inspection
27 by any peace officer, acting pursuant to [his] such peace officer's
28 special duties, or police officer. In the event of cancellation or revo-
29 cation of the license for gunsmith or dealer in firearms, or discontin-
30 uance of business by a licensee, such record book shall be immediately
31 surrendered to the licensing officer in the city of New York, and in the
32 counties of Nassau and Suffolk, and elsewhere in the state to the execu-
33 tive department, division of state police.
34 § 2. Section 400.20 of the penal law, as added by chapter 129 of the
35 laws of 2019, is amended to read as follows:
36 § 400.20 Waiting period in connection with the sale or transfer of a
37 rifle or shotgun.
38 When a national instant criminal background check is required pursuant
39 to state or federal law to be conducted through the New York State
40 National Instant [Criminal] Background Check System [(NICS)] (NYS NICS)
41 or its successor in connection with the sale or transfer of a rifle or
42 shotgun to any person, before delivering a rifle or shotgun to such
43 person, [either] (a) [NICS has issued a "proceed" response to the seller
44 or transferor, or (b) thirty calendar] ten business days shall have
45 elapsed since the date the seller or transferor contacted [NICS] NYS
46 NICS to initiate a national instant criminal background check and (b)
47 NYS NICS has [not notified] issued a "proceed" response to the seller or
48 transferor [that]. If, after thirty calendar days, NYS NICS has not
49 issued a response to the seller or transferor for the person requesting
50 transfer of the rifle or shotgun, the seller or transferor may transfer
51 the rifle or shotgun to such person [should be denied] at the seller or
52 transferor's discretion.
53 § 3. Subdivision 1 of section 897 of the general business law, as
54 amended by chapter 129 of the laws of 2019, is amended to read as
55 follows:
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1 1. A national instant criminal background check shall be conducted and
2 no person shall sell or transfer a firearm, rifle or shotgun at a gun
3 show, except in accordance with the provisions of 18 U.S.C. 922(t),
4 provided that before delivering a firearm, rifle or shotgun to any
5 person, [either] (a) [the National Instant Criminal Background Check
6 System (NICS) or its successor has issued a "proceed" response to the
7 seller or transferor, or (b) thirty calendar] ten business days shall
8 have elapsed since the date the seller or transferor contacted [NICS]
9 the New York State National Instant Background Check System ("NYS NICS")
10 or its successor to initiate a national instant criminal background
11 check and NYS NICS has [not notified] issued a "proceed" response to the
12 seller or transferor [that]. If, after thirty calendar days, NYS NICS
13 has not issued a response to the seller or transferor for the person
14 requesting transfer of the firearm, rifle or shotgun, the seller or
15 transferor may transfer the firearm, rifle or shotgun to such person
16 [should be denied] at the seller or transferor's discretion.
17 § 4. Subdivisions 1 and 2 of section 898 of the general business law,
18 subdivision 1 as amended by chapter 129 of the laws of 2019 and subdivi-
19 sion 2 as amended by chapter 371 of the laws of 2022, are amended to
20 read as follows:
21 1. In addition to any other requirements pursuant to state and federal
22 law, all sales, exchanges or disposals of firearms, rifles or shotguns
23 shall be conducted in accordance with this section unless such sale,
24 exchange or disposal is conducted by a licensed importer, licensed
25 manufacturer or licensed dealer, as those terms are defined in 18 USC §
26 922, when such sale, exchange or disposal is conducted pursuant to that
27 person's federal firearms license or such sale, exchange or disposal is
28 between members of an immediate family. When a sale, exchange or
29 disposal is conducted pursuant to a person's federal firearms license,
30 before delivering a firearm, rifle or shotgun to any person, [either]
31 (a) [the National Instant Criminal Background Check System (NICS) or its
32 successor has issued a "proceed" response to the federal firearms licen-
33 see, or (b) thirty calendar] ten business days shall have elapsed since
34 the date the federal firearms licensee contacted [NICS] the New York
35 State National Instant Background Check System ("NYS NICS") or its
36 successor to initiate a national instant criminal background check and
37 (b) NYS NICS has [not notified] issued a "proceed" response to the
38 federal firearms licensee [that]. If, after thirty calendar days, NYS
39 NICS has not issued a response to the federal firearms licensee for the
40 person requesting transfer of the firearm, rifle or shotgun , the feder-
41 al firearm licensee may transfer the firearm, rifle or shotgun to such
42 person [should be denied] at the federal firearm licensee's discretion.
43 For purposes of this section, "immediate family" shall mean spouses,
44 domestic partners, children and step-children.
45 2. Before any sale, exchange or disposal pursuant to this article, a
46 national instant criminal background check must be completed by a dealer
47 who shall submit a request to the division of state police pursuant to
48 section two hundred twenty-eight of the executive law to conduct such
49 check. Before a dealer who has submitted a request to the division of
50 state police to conduct a national instant criminal background check
51 delivers a firearm, rifle or shotgun to any person, [either] (a) [NICS
52 shall have issued a "proceed" response, or (b) thirty calendar] ten
53 business days shall have elapsed since the date the dealer submitted a
54 request to the division of state police to contact the [NICS] NYS NICS
55 or its successor to initiate a national instant criminal background
56 check and (b) NYS NICS has [not notified] issued a "proceed" response to
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1 the [division of state police that] dealer. If, after thirty calendar
2 days, NYS NICS has not issued a response to the dealer for the person
3 requesting transfer of the firearm, rifle or shotgun, the dealer may
4 transfer the firearm, rifle or shotgun to such person [should be denied]
5 at the dealer's discretion.
6 § 5. This act shall take effect on the sixtieth day after it shall
7 have become a law.