New York S 362: Establishes a 10 day waiting period for the purchase of any firearm

Bill Text

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S00362 Summary:

BILL NOS00362 

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SAME ASSAME AS A03233

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SPONSORGIANARIS

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COSPNSRBAILEY, BROUK, FERNANDEZ, MAY, MAYER, RAMOS, SEPULVEDA

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MLTSPNSR

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Add Art 39-BBB §§876 - 876-c, amd §§897 & 898, Gen Bus L; amd §§400.00 & 400.20, Pen L

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Establishes a 10 day waiting period for the purchase of any firearm; establishes violations of such provisions shall constitute a class A misdemeanor.

Go to top S00362 Actions:

BILL NOS00362 

&nbsp

01/08/2025REFERRED TO CODES

05/20/20251ST REPORT CAL.1246

05/21/20252ND REPORT CAL.

05/22/2025ADVANCED TO THIRD READING 

06/09/2025PASSED SENATE

06/09/2025DELIVERED TO ASSEMBLY

06/09/2025referred to codes

01/07/2026died in assembly

01/07/2026returned to senate

01/07/2026REFERRED TO CODES

02/24/20261ST REPORT CAL.364

02/25/20262ND REPORT CAL.

02/26/2026ADVANCED TO THIRD READING 

06/05/2026COMMITTED TO RULES

Go to topS00362 Committee&nbspVotes:

Go to topS00362 Floor&nbspVotes:

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

Go to topS00362 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 362

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. GIANARIS, BAILEY, MAY, MAYER, RAMOS, SEPULVEDA --
 read twice and ordered printed, and when printed to be committed to
 the Committee on Codes

 AN ACT to amend the general business law and the penal law, in relation
 to establishing a waiting period for the purchase of a firearm

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The general business law is amended by adding a new article
 2 39-BBB to read as follows:
 3 ARTICLE 39-BBB
 4 WAITING PERIOD FOR PURCHASE OF
 5 FIREARMS
 6 Section 876. Definitions.
 7 876-a. Waiting period.
 8 876-b. Exemptions.
 9 876-c. Penalty.
 10 § 876. Definitions. As used in this section:
 11 1. "Dealer in firearms" has the same meaning as that term is defined
 12 in subdivision nine of section 265.00 of the penal law.
 13 2. "Firearm" has the same meaning as that term is defined in subdivi-
 14 sion three of section 265.00 of the penal law.
 15 § 876-a. Waiting period. No dealer in firearms shall deliver any
 16 firearm, and no person shall take possession of any firearm from a deal-
 17 er in firearms unless:
 18 1. ten days have elapsed from the date such dealer initiated the
 19 national instant criminal background check of the purchaser as required
 20 by 18 U.S.C. § 922(t), after receiving a completed federal Firearms
 21 Transaction Record, Form 4473, from the purchaser; and
 22 2. such dealer has received notice that the purchaser has passed all
 23 background checks required by federal, state and local law.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01253-01-5

 S. 362 2

 1 § 876-b. Exemptions. Section eight hundred seventy-six-a of this arti-
 2 cle shall not apply to:
 3 1. any law enforcement or correctional agency, or police officer or
 4 corrections officer acting within the course or scope of their employ-
 5 ment;
 6 2. any federal officer or employee authorized to possess or carry a
 7 firearm in the course of such officer or employee's duties, and any
 8 member of the armed forces of the United States or the national guard;
 9 3. any manufacturer, distributor or dealer of firearms when trans-
 10 ferring weapons to a manufacturer, distributor or dealer;
 11 4. any gunsmith licensed pursuant to section 400.00 of the penal law,
 12 receiving a firearm for service or repair;
 13 5. any common carrier or other person engaged, in the course of its
 14 business, in the business of storing or transporting goods; and
 15 6. firearms loaned or leased solely for use as a prop in a motion
 16 picture, streaming, television, video, theatrical, or other production
 17 or event when the firearm is not loaded with ammunition and the loan or
 18 lease is made by a licensed dealer in firearms in the state of New York.
 19 Ammunition shall not include blank ammunition consisting of a charge and
 20 no projectile.
 21 § 876-c. Penalty. Any person who violates the provisions of this arti-
 22 cle shall be guilty of a class A misde