S.362: Proposed 10-Day Waiting Period for Firearm Purchases

What the Bill Would Do

Senate Bill S.362 proposes to amend the General Business Law and the Penal Law to establish a mandatory 10-business-day waiting period from the date a NICS background check is initiated before a licensed dealer may deliver a firearm, rifle, or shotgun to a purchaser.^[1] Under current New York law, there is no codified waiting period. A dealer may transfer a firearm once a background check returns a "proceed" result, which can occur within minutes. If the check is delayed, the transfer cannot proceed until either approval is received or 30 calendar days have elapsed without a denial.

Key Provisions

Under S.362, a dealer in firearms would be prohibited from delivering a firearm to a purchaser until both conditions are met: (1) ten business days have passed since the dealer initiated the NICS background check process after receiving a completed ATF Form 4473, and (2) the dealer has received confirmation that the purchaser has passed all required federal, state, and local background checks.^[2] The waiting period would apply to all firearms, including handguns, rifles, and shotguns. There would be no exception for persons who already hold a valid pistol permit or concealed carry license.

Legislative History

S.362 was introduced in the 2025-2026 legislative session. The bill passed the New York State Senate in June 2025 and was delivered to the Assembly, where it was referred to the Codes Committee.^[3] The bill did not advance out of the Assembly committee before the session ended. It was reintroduced in the new legislative session and, as of early 2026, had again advanced to third reading in the Senate.^[4]

Arguments For and Against

Supporters argue that mandatory waiting periods serve as a "cooling off" period that can reduce impulsive acts of gun violence, including suicides and domestic violence. They cite peer-reviewed research suggesting that waiting periods are associated with reductions in firearm homicides and suicides. Opponents argue that the bill imposes a burden on lawful purchasers who have already passed a background check, that it delays access to a constitutionally protected right without evidence of a safety benefit for non-impulsive purchasers, and that it could face a Second Amendment challenge under the Bruen historical-tradition test. Gun Owners of America has formally opposed the bill.^[5]

Current Status

S.362 has not been signed into law. The bill passed the New York Senate and advanced to third reading on February 26, 2026.^[6] The Assembly companion (A03233) remains in committee. For the bill to reach the Governor, both chambers must pass it.