ALBANY, NY – A New York Senate bill that would establish a mandatory waiting period for firearm purchases has advanced to third reading during the 2025–2026 legislative session.
Senate Bill 362 proposes a statewide requirement that firearm buyers wait at least ten days before taking possession of a firearm purchased through a licensed dealer.
Under the legislation, a dealer in firearms would be prohibited from delivering a firearm until two conditions are met. First, ten days must pass from the date the dealer initiates the National Instant Criminal Background Check System (NICS) process after receiving a completed federal Firearms Transaction Record, Form 4473. Second, the dealer must receive confirmation that the purchaser has passed all required federal, state, and local background checks.
The bill applies broadly to firearms, rifles, and shotguns transferred through licensed dealers.
Violations of the proposed waiting period requirements would constitute a Class A misdemeanor under the legislation.
The bill outlines several exemptions. These include law enforcement and correctional agencies, police officers acting within the scope of their duties, certain federal employees authorized to carry firearms, members of the U.S. armed forces and National Guard, licensed manufacturers and distributors transferring firearms between themselves, gunsmiths receiving firearms for service or repair, and firearms used as props in film or theatrical productions under specified conditions.
The legislation also modifies existing sections of New York law governing firearm transfers, background check procedures, and dealer recordkeeping requirements to incorporate the proposed ten-day waiting period.
According to the legislative action history, Senate Bill 362 previously passed the Senate in June 2025 and was delivered to the Assembly, where it later died in committee. The bill has since been reintroduced and, as of February 26, 2026, has again advanced to third reading in the Senate.
If enacted, the law would take effect on January 1 following the date it becomes law.
For lawful gun owners, proposals like Senate Bill 362 highlight the continuing policy debate surrounding access to constitutionally protected arms. The Second Amendment recognizes the right of law-abiding citizens to keep and bear arms as a fundamental civil right. Measures that delay lawful firearm possession raise ongoing concerns among gun owners about whether additional procedural hurdles affect individuals who have already passed required background checks and are legally eligible to own firearms.
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