A 1210: Establishes a three calendar day waiting period from contact of the New York State National Instant Background Check System (NYS NICS) before a firearm, shotgun or rifle may be delivered to a person; provides exceptions where a person possesses a license to purchase, carry or possess a pistol, revolver, or semiautomatic rifle.

  
  STATE OF NEW YORK ________________________________________________________________________ 1210 2025-2026 Regular Sessions  IN ASSEMBLY January 9, 2025 ___________ Introduced by M. of A. PAULIN, DINOWITZ, SEAWRIGHT, ROSENTHAL, ZINERMAN -- read once and referred 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 Assem- bly, do enact as follows: 1 Section 1. Subdivision 12 of section 400.00 of the penal law, as 2 amended by chapter 207 of the laws of 2022, is amended to read as 3 follows: 4 12. Records required of gunsmiths and dealers in firearms. In addition 5 to the requirements set forth in article thirty-nine-BB of the general 6 business law, any person licensed as gunsmith or dealer in firearms 7 shall keep a record book approved as to form, except in the city of New 8 York, by the superintendent of state police. In the record book shall be 9 entered at the time of every transaction involving a firearm the date, 10 name, age, occupation and residence of any person from whom a firearm is 11 received or to whom a firearm is delivered, and the calibre, make, 12 model, manufacturer's name and serial number, or if none, any other 13 distinguishing number or identification mark on such firearm. Before 14 delivering a firearm to any person, the licensee shall require [him] 15 such licensee to produce either a license valid under this section to 16 carry or possess the same, or proof of lawful authority as an exempt 17 person pursuant to section 265.20 of this chapter and [either] (a) [the 18 National Instant Criminal Background Check System (NICS) or its succes- 19 sor has issued a "proceed" response to the licensee, or (b) thirty 20 calendar] ten business days have elapsed since the date the licensee 21 contacted [NICS] the New York State National Instant Background Check 22 System ("NYS NICS") or its successor to initiate a national instant 23 criminal background check and (b) NYS NICS has [not notified] issued a 24 "proceed" response to the licensee [that]. If, after thirty calendar EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03394-01-5 
 A. 1210 2 1 days, NYS NICS has not issued a response to the licensee for the person 2 requesting transfer of the firearm, the licensee may transfer the 3 firearm to such person [should be denied] at the licensee's discretion. 4 In addition, before delivering a firearm to a peace officer, the licen- 5 see shall verify that person's status as a peace officer with the divi- 6 sion of state police. After completing the foregoing, the licensee shall 7 remove and retain the attached coupon and enter in the record book the 8 date of such license, number, if any, and name of the licensing officer, 9 in the case of the holder of a license to carry or possess, or the 10 shield or other number, if any, assignment and department, unit or agen- 11 cy, in the case of an exempt person. The original transaction report 12 shall be forwarded to the division of state police within ten days of 13 delivering a firearm to any person, and a duplicate copy shall be kept 14 by the licensee. The superintendent of state police may designate that 15 such record shall be completed and transmitted in electronic form. A 16 dealer may be granted a waiver from transmitting such records in elec- 17 tronic form if the superintendent determines that such dealer is incapa- 18 ble of such transmission due to technological limitations that are not 19 reasonably within the control of the dealer, or other exceptional 20 circumstances demonstrated by the dealer, pursuant to a process estab- 21 lished in regulation, and at the discretion of the superintendent. 22 Records assembled or collected for purposes of inclusion in the database 23 created pursuant to section 400.02 of this article shall not be subject 24 to disclosure pursuant to article six of the public officers law. The 25 record book shall be maintained on the premises mentioned and described 26 in the license and shall be open at all reasonable hours for inspection 27 by any peace officer, acting pursuant to [his] such peace officer's 28 special duties, or police officer. In the event of cancellation or revo- 29 cation of the license for gunsmith or dealer in firearms, or discontin- 30 uance of business by a licensee, such record book shall be immediately 31 surrendered to the licensing officer in the city of New York, and in the 32 counties of Nassau and Suffolk, and elsewhere in the state to the execu- 33 tive department, division of state police. 34 § 2. Section 400.20 of the penal law, as added by chapter 129 of the 35 laws of 2019, is amended to read as follows: 36 § 400.20 Waiting period in connection with the sale or transfer of a 37 rifle or shotgun. 38 When a national instant criminal background check is required pursuant 39 to state or federal law to be conducted through the New York State 40 National Instant [Criminal] Background Check System [(NICS)] (NYS NICS) 41 or its successor in connection with the sale or transfer of a rifle or 42 shotgun to any person, before delivering a rifle or shotgun to such 43 person, [either] (a) [NICS has issued a "proceed" response to the seller 44 or transferor, or (b) thirty calendar] ten business days shall have 45 elapsed since the date the seller or transferor contacted [NICS] NYS 46 NICS to initiate a national instant criminal background check and (b) 47 NYS NICS has [not notified] issued a "proceed" response to the seller or 48 transferor [that]. If, after thirty calendar days, NYS NICS has not 49 issued a response to the seller or transferor for the person requesting 50 transfer of the rifle or shotgun, the seller or transferor may transfer 51 the rifle or shotgun to such person [should be denied] at the seller or 52 transferor's discretion. 53 § 3. Subdivision 1 of section 897 of the general business law, as 54 amended by chapter 129 of the laws of 2019, is amended to read as 55 follows: 
 A. 1210 3 1 1. A national instant criminal background check shall be conducted and 2 no person shall sell or transfer a firearm, rifle or shotgun at a gun 3 show, except in accordance with the provisions of 18 U.S.C. 922(t), 4 provided that before delivering a firearm, rifle or shotgun to any 5 person, [either] (a) [the National Instant Criminal Background Check 6 System (NICS) or its successor has issued a "proceed" response to the 7 seller or transferor, or (b) thirty calendar] ten business days shall 8 have elapsed since the date the seller or transferor contacted [NICS] 9 the New York State National Instant Background Check System ("NYS NICS") 10 or its successor to initiate a national instant criminal background 11 check and NYS NICS has [not notified] issued a "proceed" response to the 12 seller or transferor [that]. If, after thirty calendar days, NYS NICS 13 has not issued a response to the seller or transferor for the person 14 requesting transfer of the firearm, rifle or shotgun, the seller or 15 transferor may transfer the firearm, rifle or shotgun to such person 16 [should be denied] at the seller or transferor's discretion. 17 § 4. Subdivisions 1 and 2 of section 898 of the general business law, 18 subdivision 1 as amended by chapter 129 of the laws of 2019 and subdivi- 19 sion 2 as amended by chapter 371 of the laws of 2022, are amended to 20 read as follows: 21 1. In addition to any other requirements pursuant to state and federal 22 law, all sales, exchanges or disposals of firearms, rifles or shotguns 23 shall be conducted in accordance with this section unless such sale, 24 exchange or disposal is conducted by a licensed importer, licensed 25 manufacturer or licensed dealer, as those terms are defined in 18 USC § 26 922, when such sale, exchange or disposal is conducted pursuant to that 27 person's federal firearms license or such sale, exchange or disposal is 28 between members of an immediate family. When a sale, exchange or 29 disposal is conducted pursuant to a person's federal firearms license, 30 before delivering a firearm, rifle or shotgun to any person, [either] 31 (a) [the National Instant Criminal Background Check System (NICS) or its 32 successor has issued a "proceed" response to the federal firearms licen- 33 see, or (b) thirty calendar] ten business days shall have elapsed since 34 the date the federal firearms licensee contacted [NICS] the New York 35 State National Instant Background Check System ("NYS NICS") or its 36 successor to initiate a national instant criminal background check and 37 (b) NYS NICS has [not notified] issued a "proceed" response to the 38 federal firearms licensee [that]. If, after thirty calendar days, NYS 39 NICS has not issued a response to the federal firearms licensee for the 40 person requesting transfer of the firearm, rifle or shotgun , the feder- 41 al firearm licensee may transfer the firearm, rifle or shotgun to such 42 person [should be denied] at the federal firearm licensee's discretion. 43 For purposes of this section, "immediate family" shall mean spouses, 44 domestic partners, children and step-children. 45 2. Before any sale, exchange or disposal pursuant to this article, a 46 national instant criminal background check must be completed by a dealer 47 who shall submit a request to the division of state police pursuant to 48 section two hundred twenty-eight of the executive law to conduct such 49 check. Before a dealer who has submitted a request to the division of 50 state police to conduct a national instant criminal background check 51 delivers a firearm, rifle or shotgun to any person, [either] (a) [NICS 52 shall have issued a "proceed" response, or (b) thirty calendar] ten 53 business days shall have elapsed since the date the dealer submitted a 54 request to the division of state police to contact the [NICS] NYS NICS 55 or its successor to initiate a national instant criminal background 56 check and (b) NYS NICS has [not notified] issued a "proceed" response to 
 A. 1210 4 1 the [division of state police that] dealer. If, after thirty calendar 2 days, NYS NICS has not issued a response to the dealer for the person 3 requesting transfer of the firearm, rifle or shotgun, the dealer may 4 transfer the firearm, rifle or shotgun to such person [should be denied] 5 at the dealer's discretion. 6 § 5. This act shall take effect on the sixtieth day after it shall 7 have become a law.