S 9338 New York Senate · 2025 Regular Session

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

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.
Bill status passed 3 of 5 stages cleared
Introduction
Mar 2026
Committee Review
Jun 2026
Senate Passage
Jun 2026
Assembly Passage
Governor
Introduced Mar 3, 2026 Last action Jun 4, 2026
Maddy AI version diff · 1 comparison

What changed between versions

S9338 S9338A · 3 edits
MINOR
This bill amends New York's firearm laws to extend the mandatory waiting period for purchasing rifles and shotguns from ten business days to three calendar days. It also clarifies the rules for licensed dealers selling pistols and semiautomatic rifles to other licensed individuals, allowing immediate transfer if a background check proceeds, while maintaining the three-day wait for others.
Scope change
The bill expands the waiting period requirement to include semiautomatic rifles when sold to licensed individuals, whereas previously the specific waiting period rules primarily focused on rifles and shotguns.
TIMELINE

Extended the mandatory waiting period for rifle and shotgun transfers from ten business days to three calendar days.

ELIGIBILITY

Added a specific provision allowing licensed gunsmiths or dealers to immediately transfer pistols, revolvers, or semiautomatic rifles to other licensees upon receiving a 'proceed' response from the background check system.

REQUIREMENT

Updated the background check process to explicitly include a three-day calendar wait for those without a valid license to purchase, carry, or possess a pistol, revolver, or semiautomatic rifle.

Floor votes · Senate Jun 3, 2026

How they voted

4318
Passed · 2 other
Total votes 63
Jun 3, 2026
D Democratic41
39 Yea 2
95% Yea
R Republican22
4 Yea 18 Nay
81% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
8
Key actions
3
Committee
3
Amendments
2
Jun 4, 2026
Committee
REFERRED TO CODES
lower
Jun 3, 2026
Upper · Passed
PASSED SENATE
upper
Jun 3, 2026
Committee
COMMITTEE DISCHARGED AND COMMITTED TO RULES
upper
May 29, 2026
Upper · Passed
PRINT NUMBER 9338A
upper
May 29, 2026
Upper · Passed
AMEND AND RECOMMIT TO CODES
upper
Mar 3, 2026
Committee
REFERRED TO CODES
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Mike Gianaris
Mike Gianaris
DDemocratic/Working Families
NY
12