New York S 9338: Establishes a waiting period before a firearm, shotgun or rifle may be delivered to a person

Bill Text

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S09338 Summary:

BILL NOS09338A

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SAME ASSAME AS A01210-C

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SPONSORGIANARIS

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COSPNSR

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MLTSPNSR

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Amd §§400.00 & 400.20, Pen L; amd §§897 & 898, Gen Bus L

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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.

Go to top S09338 Actions:

BILL NOS09338A

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03/03/2026REFERRED TO CODES

05/29/2026AMEND AND RECOMMIT TO CODES

05/29/2026PRINT NUMBER 9338A

06/03/2026COMMITTEE DISCHARGED AND COMMITTED TO RULES

06/03/2026ORDERED TO THIRD READING CAL.1653

06/03/2026PASSED SENATE

06/03/2026DELIVERED TO ASSEMBLY

06/04/2026referred to codes

Go to topS09338 Committee&nbspVotes:

Go to topS09338 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09338 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9338--A

 IN SENATE

 March 3, 2026
 ___________

 Introduced by Sen. GIANARIS -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes -- 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:

 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 person 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 three calendar days have elapsed since the date the licensee contacted
 21 [NICS] the New York State National Instant Background Check System ("NYS
 22 NICS") or its successor to initiate a national instant criminal back-
 23 ground check and (b) NYS NICS has [not notified] issued a "proceed"
 24 response to the licensee [that]; provided, however, that for a person
 25 with a valid license to purchase, carry or possess a pistol, revolver,

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03394-06-6

 S. 9338--A 2

 1 or semiautomatic rifle pursuant to this section, the licensed gunsmith
 2 or dealer in firearms may deliver such pistol, revolver, or semiautomat-
 3 ic rifle, other than an assault weapon or disguised gun, to such
 4 licensee upon receipt of a "proceed" response from NYS NICS or its
 5 successor. If, after thirty calendar days, NYS NICS has not issued a
 6 response to the licensee for the person requesting transfer of the
 7 firearm, the licensee may transfer the firearm to such person [should be
 8 denied] at the licensee's discretion. In addition, before delivering a
 9 firearm to a peace officer, the licensee shall verify that person's
 10 status as a peace officer with the division of state police. After
 11 completing the forego