Defense Brief Motion Bank (dev)

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NY S 00362 2025-2026 senate

Establishes a 10 day waiting period for the purchase of any firearm; establishes violations of such provisions shall constitute a class A misdemeanor.

First chamber Not law yet bank: queued

Not law yet. Pending legislation.

Bill summary

Official digest is not on this card.

Now vs if chaptered

NOW: not law; no 10-day dealer-delivery wait under this bill. IF CHAPTERED: class A misdemeanor for dealer delivery or taking possession before ten days from background-check initiation.

Defender utility

NY PDs and dealers: this is a pending cooling-off count, not present law. Do not treat a same-week dealer delivery as a class A misdemeanor under S 00362. If chaptered, the elements are dealer delivery + 10-day clock from NICS initiation, not a possessory street charge. CA PDs as portable DROS-wait analogue — not California DROS and not a California charge. House twin A 03233.

Who this is for. NY PDs and dealers watching a pending 10-day dealer-delivery wait — not present law; not California DROS.

Exemptions (draft)

If chaptered: GBL §876-b — LE/corrections acting in course of employment, authorized federal officers, US armed forces/National Guard, manufacturer/distributor/dealer-to-dealer transfers, licensed gunsmith receiving a firearm.

Penalties (if chaptered)

If chaptered: class A misdemeanor. Not a current count.

S-00362 New-York waiting-period cooling-off 10-day GBL-876-a class-A-misd A-03233-twin not-chaptered challenge-vehicle