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New York · 2025-2026 General Assembly

S09338 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.

Direction

Firearms purchase background checksAI label

Restricts gun access model confidence 95%

Imposes a three-calendar-day waiting period after contacting NYS NICS before most firearm, rifle or shotgun deliveries (with exceptions for certain license holders), so more restrictions on firearm access.

three calendar days shall have elapsed since the date the seller or transferor contacted NYS NICS to initiate a national instant criminal background check and (b) NYS NICS has issued a "proceed" response to the seller or transferor

✓ Quote verified word for word in the bill text

  1. Filed (completed)
  2. Committee (completed)
  3. Passed one chamber
  4. Passed both
  5. Governor
  6. Law

Status: Died (session ended)

Last action
2026-06-04: referred to codes
Filed
2026-03-03
Committee
Codes
Sponsor
Michael Gianaris D

Why the model tagged it this way: The bill amends multiple sections of the penal law and general business law to replace the prior 30-day default with a mandatory three-calendar-day waiting period after NICS contact (unless a proceed response is received sooner), while carving out faster delivery for holders of certain pistol/revolver/semiautomatic rifle licenses. This change adds a new temporal restriction on firearm transfers for most buyers, directly affecting the purchase-background-checks subtag under firearms. No other listed topics are substantively addressed.

Related bills

Hearings and calendar

Votes

DateChamberMotionYea-Nay
2026-06-03SSenate Floor Vote - Final Passage43-18Passed

Sponsors

Text versions

History (8 actions)
DateChamberAction
2026-06-04Areferred to codes
2026-06-03SDELIVERED TO ASSEMBLY
2026-06-03SPASSED SENATE
2026-06-03SORDERED TO THIRD READING CAL.1653
2026-06-03SCOMMITTEE DISCHARGED AND COMMITTED TO RULES
2026-05-29SPRINT NUMBER 9338A
2026-05-29SAMEND AND RECOMMIT TO CODES
2026-03-03SREFERRED TO CODES