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

What the Bill Would Do

S362 would require a dealer to wait ten days after initiating the background-check process before delivering a firearm, rifle, or shotgun, while also requiring completion of the applicable background checks. The bill says ten days, not ten business days.^[1]

Key Provisions

The proposed waiting period would apply to firearm, rifle, and shotgun deliveries by dealers. A transfer could not proceed merely because ten days elapsed if a required background check had not produced the necessary approval. The official bill text controls any exception or implementation detail.

Legislative History

S362 advanced in the Senate but was committed to the Senate Rules Committee on June 5, 2026. It did not pass both houses during the reviewed session. The Assembly companion, A3233, also did not complete passage.

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

S362 remains a proposal and is not New York law. As of July 22, 2026, it had not passed both houses and had not reached the Governor.