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.
Not law yet. Pending legislation.
Official status checked 2026-10-21 23:46 PT
Gianaris
Bill summary
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.
Now vs if chaptered
NOW: not law; New York has no 3-day dealer-delivery wait under this bill. IF CHAPTERED: dealer may not deliver a long gun or firearm until three calendar days after NYS NICS contact plus a proceed response, with listed license exceptions.
Defender utility
NY PDs and dealers: this is a pending dealer-delivery wait, not a street possessory count and not present law. Do not charge a same-week dealer delivery under S 09338. If chaptered, elements are dealer delivery + 3-day clock from NYS NICS contact, with a proceed response still required. Distinct from live 10-day twin S 00362 / A 03233. CA PDs as portable DROS-wait analogue — not California DROS and not a California charge. Assembly twin A 01210.
Who this is for. NY PDs and dealers watching a pending 3-day NYS NICS dealer-delivery wait — not present law; not California DROS.
Exemptions (draft)
If chaptered: persons who possess a license to purchase, carry, or possess a pistol, revolver, or semiautomatic rifle. Other GBL/Penal dealer-record exceptions as drafted.
Penalties (if chaptered)
Pending dealer-duty overlay via Penal §400.00 records and GBL §897/898. No new street possessory count on the face of the print. Not a current count.