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Senate bill · S9338 (2025-26)

Establishes a waiting period before a firearm, shotgun or rifle may be delivered to a person

New York State Senate

Same as A1210, the matching bill in the Assembly.

Latest action Jun 4, 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 20, 2026. About our data

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.

Summary from NY Open Legislation. How we handle summaries

Amends the Penal Law.

Purpose, from the sponsor's memo

To establish a three-calendar-day waiting period before a licensed gun dealer or other transferor may deliver a firearm, shotgun or rifle to a purchaser or transferee, with limited exceptions.

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.

Your position on this bill

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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)
  • Democratic4

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

The sponsor's argument

Why Michael Gianaris says this is needed

According to the Centers for Disease Control, suicide rates have increased by more than 30% in half of states since 1999, In New York, there has been a 28,8% increase. In fact, suicides constitute two-thirds of all gun deaths in the U.S., with more than 21,000 suicides by firearm per year. Guns are an extremely common means of suicide, with half of all suicides in the U.S. are carried out with a firearm. Federal law requires licensed gun dealers to obtain a background check before selling or transferring a firearm. Under current New York law, a person may take possession of a firearm, rifle, or shotgun once a "proceed" response is received, and in certain delayed cases a transfer may occur after the existing statutory period without a definitive response. This bill establishes a uniform three-calendar-day waiting period before delivery in most transactions after initiation of a back- ground check through NYS N ICS and receipt of a "proceed" response. A brief waiting period can provide a meaningful pause before a firearm, rifle, or shotgun is delivered, while preserving lawful access for qual- ified purchasers, This "cooling off period" can prevent impulsive actions, including suicide. The Giffords Law Center notes that a variety of studies confirm that most suicide survivors considered their actions for only a short period of time - often less than 24 hours - before making a suicide attempt, As such, it is imperative to ensure that there are safeguards in place to delay access to firearms and reduce instances of impulsive acts of violence or self-harm. The bill also recognizes that - given the extensive licensing process to carry or possess a pistol, revolver, or semiautomatic rifle - an excep- tion to the waiting period may be made for such permit holders, For those individuals, such firearms may be transferred upon the receipt of a "proceed" response from NY NICS, with the exception of disguised guns or assault rifles. Currently, thirteen states and the District of Columbia have adopted some form of a waiting period before transferring a firearm to a buyer. By establishing a consistent statewide framework that uses NYS NICS and requires a short waiting period in most circumstances, this bill seeks to promote public safety by reducing gun deaths caused by impulsive acts of violence or self-harm, while also and ensuring safe, prompt delivery to responsible gun owners who have satisfied New York's licensing requirements.

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: Floor vote

    NY SenateJun 3, 2026Result: passed

    (43) (18) (0) (2)

Full history

  1. Jun 4, 2026

    Referred to committee

    REFERRED TO CODES

    NY Assembly

  2. Jun 3, 2026

    In committee

    COMMITTEE DISCHARGED AND COMMITTED TO RULES

    NY Senate

  3. Jun 3, 2026

    Sent to the executive

    DELIVERED TO ASSEMBLY

    NY Senate

  4. Jun 3, 2026

    Ordered to Third Reading CAL.1653

    ORDERED TO THIRD READING CAL.1653

    NY Senate

  5. Jun 3, 2026

    Passed a chamber

    PASSED SENATE

    NY Senate

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

    Amend and Recommit to Codes

    AMEND AND RECOMMIT TO CODES

    NY Assembly

  2. May 29, 2026

    Amend and Recommit to Codes

    AMEND AND RECOMMIT TO CODES

    NY Senate

  3. May 21, 2026

    Amend and Recommit to Codes

    AMEND AND RECOMMIT TO CODES

    NY Assembly

  4. Apr 24, 2026

    Amend and Recommit to Codes

    AMEND AND RECOMMIT TO CODES

    NY Assembly

  5. Mar 3, 2026

    Referred to committee

    REFERRED TO CODES

    NY Senate

  6. Jan 7, 2026

    Referred to committee

    REFERRED TO CODES

    NY Assembly

  7. Jan 9, 2025

    Referred to committee

    REFERRED TO CODES

    NY Assembly

Read the record