Defense Brief Motion Bank (dev)

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NY A 01210 2025-2026 assembly

Establishes a three calendar day waiting period from contact of the New York State National Instant Background Check System (NYS NICS) before a firearm, shotgun or rifle may be delivered to a person.

First chamber Not law yet bank: queued

Not law yet. Pending legislation.

Paulin

Bill summary

Official digest is not on this card.

Now vs if chaptered

NOW: not law; no 3-day dealer-delivery wait under this bill. IF CHAPTERED: dealer may not deliver until three calendar days after NYS NICS contact plus a proceed response, with listed license exceptions.

Defender utility

NY PDs and dealers: pending Assembly twin of the 3-day NYS NICS dealer-delivery wait, not present law. Do not treat a same-week dealer delivery as a count under A 01210. If chaptered, the elements are dealer delivery + 3-day clock from NYS NICS contact. Distinct from live 10-day A 03233 / S 00362. CA PDs as portable DROS-wait analogue — not a California charge. Senate twin S 09338.

Who this is for. NY PDs and dealers watching the Assembly twin of a pending 3-day NYS NICS dealer-delivery wait — not present law; not California DROS.

Exemptions (draft)

If chaptered: persons who possess a license to purchase, carry, or possess a pistol, revolver, or semiautomatic rifle.

Penalties (if chaptered)

Pending dealer-duty overlay via Penal §400.00 and GBL §897/898. Not a current count.

A-01210 New-York waiting-period cooling-off 3-day NYS-NICS GBL-897 dealer-duty S-09338-twin not-chaptered challenge-vehicle