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Bill

S 9338

Establishes a waiting period before a firearm, shotgun or rifle may be delivered to a person

2025 Regular Session Introduced by Mike Gianaris

Imposes a 3-day waiting period before firearm delivery after a background check is initiated, unless a “proceed” is issued, with longer delays if no decision is reached.

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WeVote Research Nonpartisan
Bill Summary · S 9338

Overview

Bill: S 9338-A (2025-2026 Session, New York)
- Purpose: Establish a waiting period before delivery of firearms, shotguns, or rifles to a person, incorporating a standardized delay after initiating a background check.
- Sponsor: Sen. Gianaris (cosponsor)

Main purpose and intent

  • Create a uniform waiting period for firearm transfers after a national instant criminal background check is initiated.
  • The waiting period applies to deposits, transfers, or deliveries of rifles, shotguns, and handguns (with special provisions for certain licensed purchasers and peace officers).
  • The bill aims to give state authorities time to review background information before a buyer can receive a firearm.

Key provisions and changes

1) Penal Law amendments (Section 1)
- Revisions to record-keeping for gunsmiths and dealers in firearms.
- Before delivering a firearm, the licensee must verify that the buyer has a valid license or lawful exemption.
- Waiting period mechanics:
- If a background check is initiated via NYS NICS (or successor), the dealer must wait 33 calendar days after initiating the check to deliver the firearm if NYS NICS has not issued a “proceed” response.
- If NYS NICS issues a “proceed” response, delivery can occur as usual for licensees or exempt persons.
- If no “proceed” response is issued within 33 days, the licensee may transfer the firearm at their discretion (i.e., the waiting period may lapse without a “proceed”).
- Special treatment for pistol/handgun licensees: may deliver upon receipt of a “proceed” if they already hold a valid pistol license.
- For peace officers: licensees must verify peace officer status with the state police before delivery.
- Record-keeping: maintain and forward transaction reports; records are permissible for certain electronic databases and are not subject to public disclosure under specific public records laws.
- Record book must be available for inspection by peace officers; in the event of license cancellation or business discontinuance, records must be surrendered to the appropriate licensing or state police authority.

2) Penal Law – Waiting period for rifles/shotguns (Section 2)
- Establishes a three-calendar-day framework as the trigger point:
- When a background check is required, delivery shall occur after 3 days only if:
- NYS NICS has issued a “proceed” or
- 3 days have elapsed since initiating the check and NYS NICS has not notified a denial (i.e., no “proceed” response yet).
- If NYS NICS has not issued a response within 3 days, the seller/transferor may transfer at their discretion after the 3-day period.

3) General Business Law – Background checks at gun shows (Section 3)
- Reaffirms that background checks apply to firearms transfers at gun shows.
- For transfers between immediate family members or under federal licensees, the same 3-day rule applies after initiating NYS NICS checks, with the exception that certain pistol/handgun licensees may still receive upon a “proceed” if applicable.

4) General Business Law – Broad sale/disposal requirements (Section 4)
- Applies the 3-day waiting period to all sales, exchanges, or disposals conducted under this article (excluding specific licensed importers/manufacturers or family transfers) unless a “proceed” is received.
- Special provision for licensees to deliver to licensees upon a “proceed” for pistol/handgun licensees, otherwise waiting period applies.
- Defines “immediate family” (spouses, domestic partners, children, step-children).

5) Effective date (Section 5)
- Takes effect 60 days after enactment.

Affected parties and entities

  • Firearms dealers and gunsmiths: required to maintain detailed records, perform enhanced checks, and observe the 3-day waiting period (or longer if no “proceed”).
  • Buyers/recipients of firearms: subject to a potential 3-day waiting period before delivery, with conditions allowing immediate delivery if a “proceed” is issued.
  • Peace officers: delivery conditions require verification of status with the state police.
  • Law enforcement and the Division of State Police: central to background check processing and record transmission; potential electronic record-keeping and data management.
  • Gun shows and their organizers: subject to the same background check and waiting-period requirements for sales/disposals.

Procedural and timeline aspects

  • Waiting period length: 3 calendar days after initiating NYS NICS background checks, unless a “proceed” is issued sooner.
  • If no “proceed” within 3 days, the transfer may proceed at the licensee’s discretion (for the general rifle/shotgun provisions) or to the licensee (for pistol/handgun provisions under certain licenses).
  • For dealers and licensees: must forward original transaction reports to the state police within 10 days of delivery; maintain a duplicate copy on site.
  • Electronic recordkeeping: state police may designate electronic transmission; waivers may apply for technological or exceptional constraints.
  • Privacy: records associated with the NYS NICS database are not subject to disclosure under public officers law.
  • Transition: takes effect 60 days after enactment.

Notes for readers

  • The bill emphasizes delaying firearm delivery when background checks are not yet resolved, increasing procedural time before transfer.
  • It maintains existing exceptions for licensees with a “proceed” response and for transfers among certain family members or under federal licenses, subject to equivalent 3-day timing rules.
  • It strengthens recordkeeping and regulatory oversight for gunsmiths and dealers, including potential electronic recordkeeping and defined transparency constraints.

Compiled from official sources — confirm details with the bill’s official record.

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