What's happening
This bill extends the waiting period for firearm purchases to up to 30 days if a national instant background check is not immediately completed.
Why it matters
Closes a known loophole in firearm background checks by requiring sellers to wait up to 30 days for a completed response from the National Instant Criminal Background Check System (NICS) before transferring a firearm. meaning that if a background check is delayed, the sale can no longer automatically proceed after three days as under federal law, potentially preventing sales to individuals whose background requires more time to vet.
Applies the extended waiting period to all categories of firearms (handguns, rifles, and shotguns) and to various types of transactions. including gun shows and private sales conducted through licensed dealers—broadening the impact of the law beyond just retail purchases.
May affect both gun buyers and sellers by introducing potentially significant delays in firearm transfers, especially in cases where NICS checks are not immediately resolved. , which could deter impulsive purchases and allow more time for vetting but may also frustrate purchasers who are delayed despite being eligible.
Reflects a policy shift toward prioritizing thoroughness over speed in the background check process, directly addressing cases where incomplete or delayed background checks have led to firearms being transferred to prohibited individuals in the past.
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Who cares
Headline styles
Extend Gun Background Checks
Plain English, a few words. Used as the page title.
Sponsors
History
- Signed chap.129
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.25
- Substituted for A2690
- Referred to codes
- Delivered to assembly
- Passed senateVote 40–23
- Ordered to third reading cal.89
- Reported and committed to rules
- 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.
Extend Gun Background Checks
Assembly Floor Calendar · Sponsor Amy Paulin
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2374
2019-2020 Regular Sessions
IN SENATE
January 24, 2019
Introduced by Sen. GIANARIS -- 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 an extension of time of up to thirty calendar days for national instant background checks
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) thirty calendar days have elapsed since the date the licensee contacted NICS to initiate a national instant 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.
LBD00627-05-9
S. 2374 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) thirty calendar 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) thirty calendar 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. 2374 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) thirty calendar 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) thirty calendar 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 forty-fifth 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 an extension of time of up to thirty calendar days for national instant background checks
Purpose
To establish an extension of time of up to thirty calendar days for national instant background checks
Summary of provisions
Section one amends subdivision 12 of section 400.00 of the penal law, as amended by chapter 1 of the laws of 2013, to provide that before deliv- ering a firearm to any person, the licensed gun dealer shall in addition to requiring such person 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, either (i) the National Instant Criminal Background Check System or its successor (NICS) has issued a "proceed" response to the licensee, or (ii) thirty calendar days have elapsed since the date the licensee contacted NICS to initiate a national instant criminal background check and NICS has not notified the licensee that the transfer of the firearm to such person should be denied.
Read the full memo (1,206 words)
Section two amends the penal law by adding a new section 400.20 to provide that when a national instant criminal background check is required pursuant to state or federal law to be conducted through NICS 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 (i) NICS has issued a "proceed" response to the seller or transferor, or (ii) thirty calendar days shall have elapsed since the date the seller or transferor contacted NICS to initiate a national instant criminal back- ground check and NICS has not notified the seller or transferor that the transfer of the rifle or shotgun to such person should be denied.
Section three amends subdivision 1 of section 897 of the general busi- ness law, as added by chapter 189 of the laws of 2000, to provide that before delivering a firearm, rifle or shotgun to any person, either (i) NICS has issued a "proceed" response to the seller or transferor, or (ii) thirty calendar 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.
Section four amends subdivisions 1 and 2 of section 898 of the general business law, as added by chapter 1 of the laws of 2013, to provide that 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 (i) NICS has issued a "proceed" response to the federal firearms licensee, or (ii) thirty calendar 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. In addition, the section provides that before a dealer who consents to conduct a national instant criminal background check delivers a firearm, rifle or shotgun to any person, either (i) NICS has issued a "proceed" response to the dealer, or (ii) thirty calendar days shall have elapsed since the date the dealer contacted NICS to initiate a national instant criminal back- ground check and NICS has not notified the dealer that the transfer of the firearm, rifle or shotgun to such person should be denied.
Section five provides the effective date.
Justification
Guns have destroyed 39,773 lives across the United States in 2017, according to sobering statistics recently released by the Centers for Disease Control and Prevention. As a leader in curbing gun violence, New York State must act to address this public health crisis. One potential- ly deadly loophole in our intricate gun protection laws is known as the "default-proceed" loophole or the "Charleston Loophole," after shooter Dylann Roof legally purchased a firearm despite an inconclusive back- ground check and then proceeded to murder nine innocent people in a Charleston, South Carolina church. The loophole can be prevented by passing the measure set forth in this bill by creating an extension of time for national instant background checks from three days to up to thirty calendar days where a federal background check produces inconclu- sive results.
New York must extend the duration of time available to conduct back- ground checks when necessary. Currently, national instant background checks are mandated by the federal law 18 USC 922, pursuant to which federal firearm licensees must wait up to three business days to receive a result, which can be "proceed," "deny" or "delay." Most background checks return a quick result of either "proceed" or "deny," but in approximately 8-11 percent of cases, law enforcement requires more time than the three days allotted to conduct accurate background checks and will issue a "delay" result. At that point, under federal law, it is within the discretion of the federal firearms licensee to complete a sale and transfer a weapon, although state law can increase the time period. The Federal Bureau of Investigation ("FBI") National Instant Criminal Background Check System ("NICS") section will continue to keep the delayed background check open for up to 88 days.
It has been estimated that over 300,000 firearms may have been trans- ferred in 2016 even though the results of a national instant background check were not sufficient to affirmatively approve the purchaser. A number of states, including California, Colorado, Pennsylvania and Dela- ware, have extended the time for background check results where there is a "delay" response. Reasons for a "delay" response may include incom- plete records, ongoing court proceedings, or inconsistent information.
A 2016 United States Government Accounting Office report stated that in cases of domestic violence, it takes the FBI over 7 business days to complete 90 percent of checks in cases of misdemeanor crimes of domestic violence. The report also showed that three percent of denials in those domestic violence cases took over 21 days. The extra time is explained by reporting differences between states. The GAO report states, "Accord- ing to FBI data, more than 500 firearms were transferred to individuals with prohibiting MISDEMEANOR CRIME OF DOMESTIC VIOLENCE records or prohibiting protection orders each year from fiscal years 2006 through 2015 - about 6,700 total transfers - because the FBI denial determi- nation was made after three business days, which resulted in the FBI referring these cases to the ATF for firearm retrieval."
In conclusion, the measure in this legislation will help keep New York- ers safer. It is incumbent upon the Legislature to act and to correct this potentially deadly loophole. Background checks must be thorough and accurate to avoid mistakes. We need to prevent disqualified purchasers from utilizing this loophole by eradicating it, before it is too late.
Legislative history
New bill.
Fiscal implications
None to the State.
Effective date
This act shall take effect on the forty-fifth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.