What's happening
This bill establishes a mandatory waiting period of up to ten business days for firearm, rifle, or shotgun transfers if a background check is not immediately cleared.
Why it matters
Closes the "Charleston Loophole". By requiring that firearm transfers can only proceed after a clear "proceed" from NICS or a full ten business day waiting period, the bill aims to prevent guns from being sold to individuals whose background checks are delayed or incomplete, reducing the risk of sales to prohibited persons.
Standardizes Waiting Periods Across Transactions. The bill applies the waiting period to all types of sales—including those at gun shows, through licensed dealers, and private sales processed by dealers—creating uniformity and potentially reducing avenues for circumventing background checks.
May Lead to Delays for Law-Abiding Buyers. While intended to enhance public safety, the bill could result in significant waiting times for purchasers whose background checks are not immediately resolved, impacting both buyers and sellers.
Reflects a Broader Push for Gun Control. The legislation signals ongoing efforts by New York lawmakers to tighten gun sale regulations, which could influence policy debates and legislative actions in other states or at the federal level.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Enact Gun Purchase Waiting Period
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- 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.
Enact Gun Purchase Waiting Period
In Senate Committee · Codes · Sponsor Amy Paulin
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1414
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed 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 Assembly, do enact as follows:
Section 1. Subdivision 12 of section 400.00 of the penal law, as amended by chapter 1 of the laws of 2013, is amended to read as follows:
12. Records required of gunsmiths and dealers in firearms. 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 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) ten business days have elapsed since the date the licensee contacted NICS to initiate a national instate criminal background check and NICS has not notified the licensee that the transfer of the firearm to such person should be denied. 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,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01251-01-7
S. 1414 2
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 superintendent 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 superintendent 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 maintained 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 special duties, or police officer. In the event of cancellation or revocation of the license for gunsmith or dealer 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 elsewhere in the state to the executive department, division of state police.
§ 2. The penal law is amended by adding a new section 400.20 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) ten business 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.
§ 3. Subdivision 1 of section 897 of the general business law, as added by chapter 189 of the laws of 2000, 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) ten business 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.
§ 4. Subdivisions 1 and 2 of section 898 of the general business law, as added by chapter 1 of the laws of 2013, are amended to read as follows:
S. 1414 3
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 licensee, or (b) ten business 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. 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 consents to conduct such check, and upon completion of such background check, shall complete a document, the form of which shall be approved by the superintendent of state police, that identifies and confirms that such check was performed. Before a dealer who consents to conduct a national instant criminal background check delivers a firearm, rifle or shotgun to any person, either (a) NICS issued a "proceed" response to the dealer, or (b) ten business days shall have elapsed since the date the dealer contacted NICS to initiate a national instant criminal background check and NICS has not notified the dealer that the transfer of the firearm, rifle or shotgun to such person should be denied.
§ 5. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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.