Not content with all of the other onerous laws they’ve passed, many of which are currently being challenged in the courtroom, Democrats in the New York legislature have introduced a measure that would require lawful citizens to wait 10 days after passing a background check and purchasing a firearm to pick it up from the retailer.
Ostensibly a safety measure, Senate Bill 362 states: “No dealer in firearms shall deliver any firearm, and no person shall take possession of any firearm from a dealer in firearms unless ten days have elapsed from the date such dealer initiated the national instant criminal background check of the purchaser as required by 18 U.S.C. § 922 (t), after receiving a completed federal Firearms Transaction Record, Form 4473, from the purchaser; and such dealer has received notice that the purchaser has passed all background checks required by federal, state and local law.”
The National Rifle Association Institute for Legislative Action (NRA-ILA) is warning New York members about the measure, pointing out its ineffectiveness and danger to lawful citizens.
“This legislation will do nothing to improve public safety,” NRA-ILA wrote in an alert. “Rather, it arbitrarily creates an unnecessary delay for New Yorkers wanting to lawfully exercise their Second Amendment rights.”
In fact, NRA-ILA has extensive information on its website detailing the ineffectiveness of waiting periods and the fallacy of “cooling off” periods.
“There is no evidence that waiting periods reduce suicides, homicides or mass shootings,” the fact sheet states. “No studies that identify causal effects have been identified by any of the independent literature reviews conducted since 2004.
As NRA-ILA also pointed out, the average time-to-crime for firearms traced by the ATF is nearly nine years, so the idea that guns are often used in crimes of passion or impulsive actions right after purchase is not supported by anything other than anecdotal evidence.
Also, criminals will not be affected by waiting periods. Studies have revealed that most state inmates who were in possession of a firearm at the time of their arrest obtained the firearm through an illegal source or from a friend or family member.
Finally, since most gun purchasers already own a firearm, waiting periods make no sense at all.
“Most gun owners own more than one firearm, and a waiting period could not possibly have an effect on those purchasing an additional firearm,” the fact sheet explained. “First-time buyers seeking a firearm for self-defense would be affected by a waiting period that limits their ability to safeguard themselves and their loved ones.”
Republican New York State Sen. Mark Walczyk is also warning his constituents about the legislation, posting on Facebook about the measure.
“How many crimes do you think will be prevented by forcing hunters to wait 10 days after passing their background check to pick up their rifle?” Walczyk asked. “NY Senate Codes Committee this week will take up this infringement for consideration. The bill (S362) proposes establishing a mandatory 10-day waiting period for the purchase of any firearm, rifle, or shotgun from a dealer. Dealers who don’t wait 10 days would be charged with a Class A misdemeanor.”
As Walczyk pointed out, similar laws have come under fire in other states recently.
“In August 2025, the U.S. Court of Appeals for the Tenth Circuit ruled that New Mexico’s waiting period law (7-days) is likely unconstitutional,” Walczyk wrote. So, obviously, Albany Democrats want to join that club. I hope it’s shot down in committee, but if it reaches the Senate floor, we’ll be ready.”
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