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- Referred to consumer protection
- Referred to consumer protection
Full text
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BILL NUMBER:S2441
Title of bill
An act to amend the general business law, in relation to establishing a waiting period for the purchase of a firearm
Purpose
The purpose of this legislation is 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 1 of the bill adds a new Article 38-B to the General Business Law in relation to establishing a waiting period for the purchase of a firearm.
*section 825 defines certain terms.
*Section 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: (a) ten days have elapsed from the date such seller initiated the national instant background check of the purchaser; and (b) such dealer received notice that the purchaser has passed all background checks required by federal, state and local law.
*Section 827 provides exemptions to the article.
*Section 828 provides that a violation of the article shall be a class A misdemeanor.
Section 2 provides 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, and provide a 'cooling off' period to help guard against impulsive acts of violence.
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 passes a background check. If the Federal Bureau of Investigation (FBI) is unable to complete a background check within three business days, the dealer may complete the transfer by default.
In 2007, the FBI was unable to complete a background check within three business days fox over 134,000 firearm transactions, and such agency determined that at least 355 ineligible persons had been sold firearms by default within that year. FBI investigations of prohibited purchasers who were allowed to buy firearms by default typically take 25 days to complete. As a result, the FBI has recommended extending the maximum time allowed for conducting background checks to allow more time to complete such checks and to reduce the number of prohibited purchasers who are able to purchase firearms by default.
The American public overwhelming supports laws imposing a waiting period prior to the sale of a firearm. A nationwide poll conducted in June, 2008 found that 86% of Americans favor such laws.
The purpose of this legislation is 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.
Legislative history
2014: Senate Bill #571 (Gianaris) - Died in Senate Codes Committee 2012: Senate Bill #7835 (Gianaris) - Died in Senate Rules Committee
Fiscal implications
None.
Effective date
The first of January next succeeding the date on which it shall become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.