NY Creates 30-Day Waiting Period for Firearms and Bans Bump Stocks

New York Signs 30-Waiting Period and Bans Bump Stocks Into Law
New York Signs 30-Waiting Period and Bans Bump Stocks Into Law

Albany, New York-(Ammoland.com)- New York Governor Andrew Cuomo signed into law a mandatory 30-day waiting period for a purchase of a gun when the FBI's National Instant Criminal Background Check System (NICS) doesn't instantly approve the buyer.

“For too long gun violence has plagued communities across our nation and while the federal government turns a blind eye, New York continues leading the way forward to protect our families and our children,” Cuomo said in a statement at the bill's signing.

Contrary to the name, NICS is not always instant.

When a gun dealer runs the background on the buyer of a firearm, the system will return one of three results. Approval means the buyer passed the background check. Denied says the purchaser failed the background check.

The third result, delayed, means that the FBI needs more time to complete the check. The delay could be for any number of reasons. One of the most common causes of a delay is because the buyer has a common name. Chris Johnson is a name that usually gets a person delayed.

Now gun buyers in the Empire State will face delays up to 30 days for the NICS shortcomings. Under the current law, dealers have to wait for three days before completing the sale of a firearm to a customer if the FBI still has not completed the background check.

Senate Deputy Leader Michael Gianaris, D-Queens sponsored the bill. He believes that the new waiting period will save lives by keeping guns out of the hands of those that are ineligible to own firearms.

“Common sense gun safety reform will save lives, period. Stronger background checks will keep guns away from dangerous people,” Gianaris said at the signing ceremony.

Another of the bill's sponsor, Assemblywoman Amy Paulin, D-Scarsdale, said that the FBI needs more time to complete background checks, and the current time frame is insufficient.

“This law will build on our already strong gun laws by ensuring that law enforcement has sufficient time to complete a background check without impinging on the rights of law-abiding citizens,” Paulin said of the new law.

Lawmakers claimed the shooting at Emanuel African Methodist Episcopal Church in downtown Charleston, South Carolina in 2015 inspired them to pass the bill. A white supremacist entered the church and murdered nine parishioners in cold blood.

The members of the New York legislator falsely claim that the shooter was able to buy the gun used before the FBI completed his background check. They claim if there were a 30-day delay, the FBI would have prevented the murderer from getting a handgun.

The truth is the FBI approved the purchase of the gun even though the killer was a prohibited person. He had a conviction on a felony drug charge. An unnamed FBI examiner turned up the arrest, but FBI did not have a record of the conviction. If South Carolina had a law similar to New York's new law, it would have not prevented the shooting.

Cuomo also signed into law a second bill that bans the possession, manufacture, transportation, shipment, and sale of any items that accelerates the firing rate of firearms, rifles or shotguns.

The bill mostly concentrates on bump stocks and comes on the hills of the federal bump stock ban. Multiple gun rights groups are challenging the federal ban in the courts. The ATF changed the definition of a machine gun to avoid a showdown in Congress.

The New York legislature is using the Las Vegas shooting as justification as to why this law is needed. The Sen. Luis Sepúlveda, D-Bronx goes as far as calling devices that accelerate the rate of fire as “military weapons.”

There is absolutely no need for military-grade weaponry on the streets nor homes of New York,” said Sepúlveda.

The new law is vague when it comes to devices other than bump stocks. It leaves binary triggers and even match grade triggers in legal limbo. If no clarity is given on those items it could make citizens of New York unwitting felons overnight.

Both new laws will go into effect in 45 days from the signing.


About John CrumpJohn Crump

John is a NRA instructor and a constitutional activist. He is the former CEO of Veritas Firearms, LLC and is the co-host of The Patriot News Podcast which can be found at www.blogtalkradio.com/patriotnews. John has written extensively on the patriot movement including 3%'ers, Oath Keepers, and Militias. In addition to the Patriot movement, John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and is currently working on a book on leftist deplatforming methods and can be followed on Twitter at @crumpyss, on Facebook at realjohncrump, or at www.crumpy.com.

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Ej harbet
Ej harbet
1 year ago

They refuse to be america.everytime I see a NY plate I want to stop them and ask to see their visa and passport

MICHAEL J
MICHAEL J
1 year ago

In California we have a 10 day cooling off period, just in case we would have buyers remorse. In the beginning it did take a few days to paper check a person’s background, but now it’s almost instantaneous to determine if a gun buyer is worthy but still the waiting period exists. The CADOJ doesn’t care if this was your first or your twenty-first gun, they collect your fees and you’ll pay them if you want to buy a gun in CA. California also has a bunch more of requirements in addition to the aforementioned. A firearm test that most… Read more »

Ej harbet
Ej harbet
1 year ago
Reply to  MICHAEL J

The failure of total gun control was on display in gilroy!
It killed 3 people prematurely and one dirtbag too late

gregs
gregs
1 year ago

and it won’t hurt anyone who needs a firearm to protect themselves from domestic violence or anything like that right? tetejuan is somewhat correct in saying that all the so-called common sense gun laws are unconstitutional, but our court system has become a secondary legislative branch instead of deciding the constitutionality of laws that have been pressed upon us the law-abiding citizens. none of the laws passed by legislative action matter to the criminal element they will continue to do what they do, break the law. fortunately/unfortunately because I am a believer in Christ Jesus I am directed to obey… Read more »

Ryben Flynn
Ryben Flynn
1 year ago

The ATF ILLEGALLY and ADMINISTRATIVELY changed an 85 year old Law by rewriting it to redefine a machine gun. Unelected bureaucrats cannot rewrite the Law, only Congress can do that. I think the ATF change will be overturned if the Courts ever start doing something on the lawsuits.

MikeRoss
MikeRoss
1 year ago

New York banned federally banned bump stocks? That’s some major virtue signaling.

Will
Will
1 year ago

It’s coming !!!!!!

tetejaun
tetejaun
1 year ago

All ‘gun control laws’ are un-Constitutional: Article 6, U.S. Constitution “The Constitution…shall be the supreme law of the land”. Therefore, no federal or state legislative law, Executive Order or local decree may limit, deny, change or modify the Constitution. THAT is called the ‘Supremacy Clause’. Article 6 continues “All laws must conform to and be made pursuant to the Constitution”. Therefore, any federal or state legislative law, Executive Order or local decree not in 100% harmony with the U.S. Constitution, is null & void. Thomas Jefferson said the SCOTUS was the “least important court” because the Supreme Court’s sole duty… Read more »

MajorMike
MajorMike
1 year ago
Reply to  tetejaun

tetejaun,
So your advice is “be a free man, go to jail”?
Maybe, just maybe, there’s a better choice?

moe mensale
moe mensale
1 year ago
Reply to  tetejaun

“Look up April 19, 1775…It used to be called “Patriot’s Day” until democrats had it removed from publications.”

It’s still called Patriots’ Day in the handful of states that celebrate it. It was always a local holiday, never a national one. It wasn’t even celebrated until 1894. Neither democrats nor republicans “had it removed from publications” or anything else for that matter. Don’t make up “facts” that only support some point you’re trying to make.

Felixd
Felixd
1 year ago

Yea! A 30 day waiting period to exercise a civil right. So, when do we start asking for ID to vote? Oh yea,.I forgot. That doesn’t apply in the workers paradise of New York. But, we have nothing to fear comrades. Government will care for us. Just keep sending in your taxes so we can support the spawn of socialism. What family from New York City does the Governor come from again? I forgot.