New York Senate Bill S09338

New York 2025-2026 Regular Session

• Introduced: 3/3/26
• Refer: 3/3/26

Caption

Establishes a ten business 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.

Summary

S09338 would establish a uniform waiting period before most firearms, rifles, or shotguns may be delivered in New York. The bill amends the Penal Law and General Business Law to require that, in covered transactions, at least ten business days must pass after the seller, dealer, or transferor contacts the New York State National Instant Background Check System (NYS NICS) to initiate the background check. Delivery may occur sooner only if NYS NICS issues a "proceed" response; if no response is received after thirty calendar days, the transfer may be completed at the seller’s or dealer’s discretion. The bill applies this ten-business-day rule across several settings, including licensed gunsmiths and firearm dealers, rifle and shotgun sales, gun show transactions, and sales or transfers conducted by federal firearms licensees under state law. It also updates related recordkeeping and background-check language to refer to NYS NICS rather than the federal NICS process in the affected provisions, while preserving existing requirements to verify licenses, maintain transaction records, and forward reports to the State Police.

Impact

The bill would amend Penal Law section 400.00 and sections 400.20, 897, and 898 of the General Business Law to replace the current waiting-period framework with a ten-business-day delay tied to NYS NICS contact, plus a thirty-calendar-day outer limit for discretionary transfer if no response is received. It would affect licensed gunsmiths, firearm dealers, federal firearms licensees, gun show sellers/transferors, and purchasers or transferees of firearms, rifles, and shotguns. The measure would take effect 60 days after becoming law.

Sentiment

Based on the bill text and the absence of recorded committee debate or votes, the measure appears to be framed as a public-safety and administrative reform to ensure a mandatory waiting period before firearm delivery. The caption and amendments suggest a straightforward policy change rather than a broader restructuring of firearms law. No formal voting history or transcript evidence is provided to show support or opposition, so the overall sentiment cannot be measured from recorded legislative action in the materials supplied.

Contention

The main point of contention is likely the length and structure of the waiting period, since the bill changes the current delivery rule from a response-based or thirty-day framework to a mandatory ten-business-day delay before transfer, with discretion only after thirty calendar days without a response. Supporters would likely view the bill as strengthening background-check safeguards and standardizing delays across firearm transactions, while opponents may argue it adds burdens on lawful purchasers, dealers, and transfers, including family and gun show transactions. The bill also shifts references to NYS NICS, which may raise administrative or implementation concerns for dealers and the State Police.