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Senate bill · S362 (2025-26)

Establishes a 10 day waiting period for the purchase of any firearm

New York State Senate

Same as A3233, the matching bill in the Assembly.

Latest action Jun 5, 2026

Sponsor: Michael Gianaris (Democratic/Working Families)

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From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 29, 2026. About our data

Summary

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

Summary from NY Open Legislation. How we handle summaries

Amends the General Business Law.

Purpose, from the sponsor's memo

To impose a 10-day waiting period prior to the sale of any firearm as a means to improve public safety by giving law enforcement officials sufficient time to conduct a background check on prospective purchasers, and by eliminating opportunities for impulsive acts of violence.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Passed one of the two chambers; it still needs the other.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Codes · New York State Assembly

Also referred to Codes · New York State Senate.

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Cosponsors

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

Read on NY Senate (opens in a new tab)
  • Democratic16

Shown in neutral colors by design; Agora is non-partisan.

Show the full list (16 names)

The sponsor's argument

Why Michael Gianaris says this is needed

Laws imposing a waiting period prior to the sale of a firearm give law enforcement officials adequate time to perform a thorough background check on the prospective purchaser, as well as provide a 'cooling off period to help guard against impulsive acts of violence. Thirteen states and the District of Columbia have some sort of waiting period that must elapse before a purchaser can take possession of a firearm. There is no federal waiting period. Under federal law, a dealer may transfer a firearm to a prospective purchaser as soon as he or she pass- es a background check. Currently in NYS, firearms purchases and trans- fers subject to the Federal Bureau of Investigation's (FBI) National Instant Criminal Background Check System (NICS) must either receive a "proceed" response, or thirty calendar days must have passed since the date the seller or transferor contacted NICS to initiate a national instant criminal background check, and NICS has not notified the seller or transferor that the transfer of the rifle or shotgun to such person should be denied to deliver a firearm, for firearms to be delivered. However, a 10-day waiting period after passing background checks required by federal, state, and local law acts as a means to eliminate opportunities for impulsive acts of violence.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Recorded votes

  • Vote: Committee vote · Codes

    Senate CodesFeb 24, 2026Result: passed

    (8) (3) (0) (2)

  • Vote: Floor vote

    NY SenateJun 9, 2025Result: passed

    (40) (22) (0) (1)

  • Vote: Committee vote · Codes

    Senate CodesMay 20, 2025Result: passed

    (9) (4) (0) (0)

Full history

  1. Jun 5, 2026

    In committee

    COMMITTED TO RULES

    NY Senate

  2. Feb 26, 2026

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  3. Feb 25, 2026

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

  4. Feb 24, 2026

    1ST Report CAL.364

    1ST REPORT CAL.364

    NY Senate

  5. Jan 7, 2026

    Died in Assembly

    DIED IN ASSEMBLY

    NY Assembly

Show full history (10 earlier events)
  1. Jan 7, 2026

    Referred to committee

    REFERRED TO CODES

    NY Senate

  2. Jan 7, 2026

    Referred to committee

    REFERRED TO CODES

    NY Assembly

  3. Jun 9, 2025

    Sent to the executive

    DELIVERED TO ASSEMBLY

    NY Senate

  4. Jun 9, 2025

    Passed a chamber

    PASSED SENATE

    NY Senate

  5. Jun 9, 2025

    Referred to committee

    REFERRED TO CODES

    NY Assembly

  6. May 22, 2025

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  7. May 21, 2025

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

  8. May 20, 2025

    1ST Report CAL.1246

    1ST REPORT CAL.1246

    NY Senate

  9. Jan 27, 2025

    Referred to committee

    REFERRED TO CODES

    NY Assembly

  10. Jan 8, 2025

    Referred to committee

    REFERRED TO CODES

    NY Senate

Read the record