Queens Senator’s law extending gun waiting period takes effect providing FBI sufficient time for background checks

Photo via Getty Images

New York State’s gun laws are considered to be the toughest in the nation and they got even tougher on Sept. 12 when state Senator Michael Gianaris’ law that will keep guns out of the wrong hands by extending the time limit for background checks was enacted.

Previously, gun dealers were required to hold off on the sale of handguns, shotguns or rifles for three days if the background check system returned a “delayed” notification but now the new law extends the time limit of thirty days to allow additional scrutiny and follow up by the FBI.

“Common sense gun safety reform will save lives, period. Stronger background checks will help keep guns away from dangerous people,” Gianaris said. “I am proud to have written some of America’s toughest gun safety laws and to be part of a new New York Senate which prioritizes the safety of our families and schools. I am glad this (has taken) effect and will spare people heartache and tragedy.”

Nearly 10 percent of the background checks for gun purchases using the National Instant Criminal Background Check System, including those following the universal background check system in New York as required under the NY SAFE Act, do not come back as either “proceed” or “deny.” They come back designated as “delayed” and the case is referred to an FBI examiner for additional investigation to determine if the buyer is one of 9 categories of prohibited purchaser. Prior to the law taking effect, if the background check did not come back with a clear “proceed” or “deny” designation after three business days, the buyer would have been provided the firearm at the dealer’s discretion.

“While the federal government turns a blind eye to the scourge of gun violence ripping our nation apart and continues to allow this bloodshed to take parents and children away from their families, in New York we have taken actions,” Cuomo said. “This year we built on our strongest in the nation gun laws, including extending the background check waiting period to keep guns out of the hands of dangerous individuals. The long overdue law goes into effect and make no mistake: it will save lives. This year we also enacted a Red Flag law and closed a loophole so law enforcement has more tools to keep firearms out of the hands of dangerously mentally ill people.”

As he concluded, Cuomo took a shot at Republican innaction on gun control issues as mass shooting attacks continue to torment innocent Americans across the nation..

“This is the progress we could make at the national level if President Trump and Senate Republicans stop kowtowing to the NRA,” Cuomo said. “We know we can do it, we have already done it in New York. It is time for the federal government to act and pass universal background checks now. Until we do, these senseless tragedies will only continue.”

More from Around New York