What's happening
This bill establishes a mandatory 10-day waiting period for firearm purchases in New York, with certain exemptions and penalties for violations.
Why it matters
Imposes a uniform 10-day waiting period. after initiating a federal background check, meaning buyers must wait at least 10 days from submitting required forms before receiving a firearm—even if the background check clears sooner.
Mandates that all required federal, state, and local background checks must be passed. before the firearm can be delivered, potentially preventing purchases in cases where background checks are delayed or return new disqualifying information during the waiting period.
Creates specific exemptions. for law enforcement, military personnel, federal officers, firearm industry transfers, gunsmiths receiving firearms for repair, and transport/storage businesses, ensuring critical or professional transactions aren’t slowed.
Establishes a Class A misdemeanor penalty. for violations, which could mean up to a year in jail and/or substantial fines for dealers or buyers who transfer or receive firearms before the waiting period and background checks are complete—potentially deterring illegal or rushed sales.
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Who cares
Headline styles
Require 10-Day Gun Wait
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to consumer protection
- Referred to consumer protection
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3041
2017-2018 Regular Sessions
IN SENATE
January 19, 2017
Introduced by Sens. GIANARIS, ADDABBO, AVELLA, BRESLIN, KRUEGER, MONT- GOMERY, PERKINS, RIVERA, SERRANO, SQUADRON, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business 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 Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new article 38-B to read as follows:
ARTICLE 38-B
WAITING PERIOD FOR PURCHASE OF
FIREARMS Section 825. Definitions.
826. Waiting period.
827. Exemptions.
828. Penalty.
§ 825. 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 subdivision three of section 265.00 of the penal law.
§ 826. Waiting period. No dealer in firearms shall deliver any firearm, and no person shall take possession of any firearm from a dealer 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.
LBD07016-01-7
S. 3041 2
§ 827. Exemptions. Section eight hundred twenty-six of this article shall not apply to:
1. any law enforcement or correctional agency, or police officer or corrections officer acting within the course or scope of his or her employment;
2. any federal officer or employee authorized to possess or carry a firearm in the course of his or her 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 transferring 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; and
5. any common carrier or other person engaged, in the course of its business, in the business of storing or transporting goods.
§ 828. Penalty. Any person who violates the provisions of this article shall be guilty of a class A misdemeanor.
§ 2. This act shall take effect on the first of January next succeeding the date on which 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 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
2016: Died in Consumer Protection 2015: Died in Consumer Protection 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.