S T A T E O F N E W Y O R K
________________________________________________________________________
1210--A
2025-2026 Regular Sessions
I N A S S E M B L Y
January 9, 2025
___________
Introduced by M. of A. PAULIN, DINOWITZ, SEAWRIGHT, ROSENTHAL, ZINERMAN
-- read once and referred to the Committee on Codes -- recommitted to
the Committee on Codes in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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 ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 12 of section 400.00 of the penal law, as
amended by chapter 207 of the laws of 2022, is amended to read as
follows:
12. Records required of gunsmiths and dealers in firearms. In addition
to the requirements set forth in article thirty-nine-BB of the general
business law, 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]
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 of this chapter and [either] (a) [the
National Instant Criminal Background Check System (NICS) or its succes-
sor has issued a "proceed" response to the licensee, or (b) thirty]
THREE calendar days have elapsed since the date the licensee contacted
[NICS] THE NEW YORK STATE NATIONAL INSTANT BACKGROUND CHECK SYSTEM ("NYS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03394-02-6
A. 1210--A 2
NICS") OR ITS SUCCESSOR to initiate a national instant criminal back-
ground check and (B) NYS NICS has [not notified] ISSUED A "PROCEED"
RESPONSE TO the licensee [that]; PROVIDED, HOWEVER, THAT FOR A PERSON
WITH A VALID LICENSE TO CARRY OR POSSESS A PISTOL, REVOLVER, OR SEMIAU-
TOMATIC RIFLE PURSUANT TO THIS SECTION, THE LICENSED GUNSMITH OR DEALER
IN FIREARMS MAY DELIVER SUCH PISTOL, REVOLVER, OR SEMIAUTOMATIC RIFLE,
OTHER THAN AN ASSAULT WEAPON OR DISGUISED GUN, TO SUCH LICENSEE IMME-
DIATELY UPON RECEIPT OF A "PROCEED" RESPONSE FROM NYS NICS OR ITS
SUCCESSOR. IF, AFTER THIRTY CALENDAR DAYS, NYS NICS HAS NOT ISSUED A
RESPONSE TO the LICENSEE FOR THE PERSON REQUESTING transfer of the
firearm, THE LICENSEE MAY TRANSFER THE FIREARM to such person [should be
denied] AT THE LICENSEE'S DISCRETION. 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,
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 super-
intendent 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 super-
intendent 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 main-
tained 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] SUCH PEACE OFFICER'S 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. Section 400.20 of the penal law, as added by chapter 129 of the
laws of 2019, is amended 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 NEW YORK STATE
National Instant [Criminal] Background Check System [(NICS)] (NYS 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] THREE calendar days shall have elapsed
since the date the seller or transferor contacted [NICS] NYS NICS to
initiate a national instant criminal background check and (B) NYS NICS
has [not notified] ISSUED A "PROCEED" RESPONSE TO the seller or transfe-
A. 1210--A 3
ror [that]. IF, AFTER THIRTY CALENDAR DAYS, NYS NICS HAS NOT ISSUED A
RESPONSE TO the SELLER OR TRANSFEROR FOR THE PERSON REQUESTING transfer
of the rifle or shotgun, THE SELLER OR TRANSFEROR MAY TRANSFER THE RIFLE
OR SHOTGUN to such person [should be denied] AT THE SELLER OR
TRANSFEROR'S DISCRETION.
§ 3. Subdivision 1 of section 897 of the general business law, as
amended by chapter 129 of the laws of 2019, is amended to read as
follows:
1. A national instant criminal background check shall be conducted IN
ACCORDANCE WITH SECTION TWO HUNDRED TWENTY-EIGHT OF THE EXECUTIVE LAW
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),
AND 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] THREE calendar days shall have
elapsed since the date the seller or transferor contacted [NICS] THE NEW
YORK STATE NATIONAL INSTANT BACKGROUND CHECK SYSTEM ("NYS NICS") OR ITS
SUCCESSOR to initiate a national instant criminal background check and
(B) NYS NICS has [not notified] ISSUED A "PROCEED" RESPONSE TO the sell-
er or transferor [that]; PROVIDED, HOWEVER, THAT FOR A PERSON WITH A
VALID LICENSE TO CARRY OR POSSESS A PISTOL, REVOLVER, OR SEMIAUTOMATIC
RIFLE, PURSUANT TO SECTION 400.00 OF THE PENAL LAW, THE SELLER OR
TRANSFEROR MAY DELIVER SUCH PISTOL, REVOLVER, OR SEMIAUTOMATIC RIFLE,
OTHER THAN AN ASSAULT WEAPON OR DISGUISED GUN, TO SUCH LICENSEE IMME-
DIATELY UPON RECEIPT OF A "PROCEED" RESPONSE FROM NYS NICS OR ITS
SUCCESSOR. IF, AFTER THIRTY CALENDAR DAYS, NYS NICS HAS NOT ISSUED A
RESPONSE TO the SELLER OR TRANSFEROR FOR THE PERSON REQUESTING transfer
of the firearm, rifle or shotgun, THE SELLER OR TRANSFEROR MAY TRANSFER
THE FIREARM, RIFLE OR SHOTGUN to such person [should be denied] AT THE
SELLER OR TRANSFEROR'S DISCRETION.
§ 4. Subdivisions 1 and 2 of section 898 of the general business law,
subdivision 1 as amended by chapter 129 of the laws of 2019 and subdivi-
sion 2 as amended by chapter 371 of the laws of 2022, are amended to
read as follows:
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 licen-
see, or (b)] thirty THREE calendar days shall have elapsed since the
date the federal firearms licensee contacted [NICS] THE NEW YORK STATE
NATIONAL INSTANT BACKGROUND CHECK SYSTEM ("NYS NICS") OR ITS SUCCESSOR
to initiate a national instant criminal background check and (B) NYS
NICS has [not notified] ISSUED A "PROCEED" RESPONSE TO the federal
firearms licensee [that]; PROVIDED, HOWEVER, THAT FOR A PERSON WITH A
VALID LICENSE TO CARRY OR POSSESS A PISTOL, REVOLVER, OR SEMIAUTOMATIC
RIFLE, PURSUANT TO SECTION 400.00 OF THE PENAL LAW, THE FEDERAL FIREARM
LICENSEE MAY DELIVER SUCH PISTOL, REVOLVER, OR SEMIAUTOMATIC RIFLE,
A. 1210--A 4
OTHER THAN AN ASSAULT WEAPON OR DISGUISED GUN, TO SUCH LICENSEE IMME-
DIATELY UPON RECEIPT OF A "PROCEED" RESPONSE FROM NYS NICS OR ITS
SUCCESSOR. IF, AFTER THIRTY CALENDAR DAYS, NYS NICS HAS NOT ISSUED A
RESPONSE TO the FEDERAL FIREARMS LICENSEE FOR THE PERSON REQUESTING
transfer of the firearm, rifle or shotgun , THE FEDERAL FIREARM LICENSEE
MAY TRANSFER THE FIREARM, RIFLE OR SHOTGUN to such person [should be
denied] AT THE FEDERAL FIREARM LICENSEE'S DISCRETION. 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 shall submit a request to the division of state police pursuant to
section two hundred twenty-eight of the executive law to conduct such
check. Before a dealer who has submitted a request to the division of
state police to conduct a national instant criminal background check
delivers a firearm, rifle or shotgun to any person, [either] (a) [NICS
shall have issued a "proceed" response, or (b) thirty] THREE calendar
days shall have elapsed since the date the dealer submitted a request to
the division of state police to contact the [NICS] NYS NICS OR ITS
SUCCESSOR to initiate a national instant criminal background check and
(B) NYS NICS has [not notified] ISSUED A "PROCEED" RESPONSE TO the
[division of state police that] DEALER; PROVIDED, HOWEVER, THAT FOR A
PERSON WITH A VALID LICENSE TO CARRY OR POSSESS A PISTOL, REVOLVER, OR
SEMIAUTOMATIC RIFLE, THE DEALER MAY DELIVER A PISTOL, REVOLVER, OR SEMI-
AUTOMATIC RIFLE, OTHER THAN AN ASSAULT WEAPON OR DISGUISED GUN, TO
SUCH LICENSEE IMMEDIATELY UPON RECEIPT OF A "PROCEED" RESPONSE FROM NYS
NICS OR ITS SUCCESSOR. IF, AFTER THIRTY CALENDAR DAYS, NYS NICS HAS NOT
ISSUED A RESPONSE TO the DEALER FOR THE PERSON REQUESTING transfer of
the firearm, rifle or shotgun, THE DEALER MAY TRANSFER THE FIREARM,
RIFLE OR SHOTGUN to such person [should be denied] AT THE DEALER'S
DISCRETION.
§ 5. This act shall take effect on the sixtieth day after it shall
have become a law.