New York Assembly Bill A01210

New York 2025-2026 Regular Session

• Introduced: 1/9/25
• Refer: 1/9/25
• Refer: 1/7/26

Caption

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 carry or possess a pistol, revolver, or semiautomatic rifle.

Summary

A01210 would amend New York’s firearm transfer laws to create a three-calendar-day waiting period after a seller, dealer, gunsmith, or other covered transferor contacts the New York State National Instant Background Check System (NYS NICS) before delivering a firearm, rifle, or shotgun. The bill applies this waiting period across several parts of the Penal Law and General Business Law, including dealer recordkeeping rules, rifle and shotgun sales, gun show transactions, and sales or transfers conducted through federal firearms licensees. The bill also creates a limited exception for people who already hold a valid New York license to carry or possess a pistol, revolver, or semiautomatic rifle. For those licensees, a firearm may be delivered immediately once NYS NICS returns a “proceed” response, rather than waiting the full three days. If NYS NICS has not issued any response after 30 calendar days, the transferor may complete the transfer at their discretion. The bill takes effect 60 days after becoming law.

Impact

The bill would revise Penal Law section 400.00, Penal Law section 400.20, and General Business Law sections 897 and 898 to replace the prior framework that allowed delivery upon a “proceed” response or after 30 days with a mandatory three-day waiting period tied to NYS NICS. It would also standardize the language across dealer sales, gun show sales, and federal-firearms-licensee transactions, while preserving existing background-check and recordkeeping requirements. In practice, the measure would delay firearm, shotgun, and rifle deliveries for most purchasers, while allowing quicker delivery for certain already-licensed individuals and preserving a 30-day fallback if the background check system does not respond.

Sentiment

The available context suggests the bill is framed as a gun-safety measure and is likely supported by sponsors seeking to add a short waiting period before firearm delivery. The bill text itself reflects a policy preference for delaying transfers pending background-check review, while still allowing eventual transfer if the system remains silent. No committee transcript or vote record was provided, so there is no documented opposition or recorded floor sentiment in the supplied materials.

Contention

The main point of contention is the balance between delaying firearm access and avoiding unnecessary burdens on lawful purchasers and dealers. Supporters would likely view the three-day waiting period as a public-safety safeguard that gives authorities time to complete background checks and may reduce impulsive gun purchases. Potential critics would likely argue that the waiting period adds a delay even after a “proceed” response, creates administrative burdens for dealers and transferors, and may be unnecessary for already-licensed gun owners; the bill partially addresses that concern by allowing immediate delivery to certain license holders once NYS NICS clears the transfer. The 30-day discretionary transfer provision may also draw scrutiny because it leaves completion of the sale to the transferor’s judgment if the system does not respond.