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History
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Establishes a waiting period before a firearm, shotgun or rifle may be delivered to a person
In Assembly Committee · Codes · Sponsor Amy Paulin
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
To extend the period of time in which a licensed firearm dealer can deliver a firearm without a "proceed" response from the National Instant Criminal Background Check System from 3 days to 10 days.
Summary of specific provisions
Section 1 of the bill amends section 400.00(12) of the penal law to provide that before a licensed firearms dealer delivers a firearm to another person, the National Instant Criminal Background Check System (NICS) must have issued a proceed response to the dealer or ten business days must have elapsed without NICS notifying the dealer that the transfer of the firearm in the transaction should be denied.
Section 2 of the bill adds a new section 400.20 to the penal law to provide that when a rifle or shotgun sale or transfer occurs, NICS must have issued a proceed response or ten business days must have elapsed without NICS notifying the seller or transferor that the person should be denied the rifle or shotgun.
Section 3 of the bill amends section 897 of the general business law
Justification
As provided under federal law, background checks for the sale or transfer of firearms are conducted through the FBI's National Instant Criminal Background Check System (NICS). If the buyer or recipient of the firearm passes the background check, the NICS issues a "proceed" response, that the sale or transfer of the firearm can continue. If there is any delay in the background check or the FBI needs to obtain further information about the buyer, the FBI has three business days to complete the background check. If the background check has not been completed within the three day period, the firearm dealer may proceed with the transaction, known as a "default proceed." This default proceed loophole was the cause of a mass shooting at a church in Charleston, South Carolina when the background check was not completed within three days due to a local clerical error. This bill would extend the waiting period from three days to ten days before the default proceed on the transaction can take place.
Prior legislative history
2015-16: A9433 (Paulin)
Fiscal implications
None to the state
Effective date
takes effect on the sixtieth day after it becomes law
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.