Firearm Waiting Periods: What They Are, Which States Have Them, and Why

Waiting periods impose a mandatory delay between the time of purchase and when a buyer can take possession of a firearm. If you've been surprised to learn your purchase won't be ready for several days, or if you're planning a purchase in an unfamiliar state, here's what you need to know.

---

What Waiting Periods Are and Aren't

A waiting period is a statutory delay — the gun has been sold, the background check has been completed or is in progress, and the buyer simply cannot take possession until a set number of days have elapsed.

Waiting periods are often confused with the NICS check delay (a "delay" response from the background check system, which means the FBI needs more time to research a record). These are different things. A background check delay is an uncertainty; a waiting period is a calendar requirement that applies regardless of the check result.

---

States with Waiting Period Laws (as of Mid-2026)

**Hawaii:** 14 days for all firearms **California:** 10 days for all firearms **New Jersey:** 7 days (permit-based system; the permit process itself creates delay) **Florida:** 3 days (or completion of NICS check, whichever is later); certain exceptions **Minnesota:** 7 days for handguns (permit to purchase process) **Rhode Island:** 7 days for all firearms **Washington:** 10 days for all firearms; extended periods in some cases **Oregon:** Effective with background check delays from 2022 law **Maryland:** 7 days for handguns **Connecticut:** 14 days for handguns from state database; different process for long guns **Illinois:** 3 days for long guns; 72 hours for handguns (FOID card system)

Several other states have more limited waiting period provisions or permit-to-purchase systems that effectively create delays.

**No federal waiting period:** Federal law does not impose a waiting period. The NICS system allows dealers to transfer after a "proceed" response is received. The three-business-day default provision (the "Charleston Loophole") allows transfer after three business days if the check hasn't returned a response — but this is separate from state-mandated waiting periods.

---

The Rationale and the Counterarguments

Proponents of waiting periods argue they create a "cooling off" period that may reduce impulsive acts of violence, particularly suicides and domestic violence incidents. Some research supports a modest association between waiting periods and reduced firearm suicide rates.

Critics argue waiting periods primarily burden law-abiding buyers who want firearms for immediate defensive need, are ineffective against criminals who don't purchase through licensed dealers, and constitute an infringement on the right to keep and bear arms — particularly when they delay a legal purchase by someone who doesn't need a "cooling off" period.

Constitutional challenges to waiting periods have generally not succeeded in federal courts under either pre- or post-Bruen frameworks, though challenges continue.

---

Practical Implications for Buyers

**Plan your timing:** If you're in a waiting period state and want a firearm for a specific purpose or date, initiate the purchase early enough to allow for the mandatory delay.

**The waiting period starts when the purchase is completed:** In most states, the clock starts at the point of sale — the 4473 is completed and the background check is initiated. The waiting period runs from that point regardless of when the check clears.

**Out-of-state purchases:** You cannot purchase a handgun from an FFL in another state and take it back to your home state. Handguns must be transferred through an FFL in your state of residence. Long guns from states bordering your home state can be purchased under certain circumstances — check ATF guidance and your state's law.

**Private transfers:** State waiting period laws typically apply to transfers through licensed dealers. Private sales are governed by your state's specific private sale law, which varies.

---

*This article provides general information about waiting period laws as of mid-2026. State laws change frequently. Verify current requirements with your state and your dealer before any purchase. This is not legal advice.*