Scope & currency: U.S. overview. Last updated and legally re-checked . Waiting-period rules can change through statutes, court orders, and agency guidance, so litigation status is stated where it materially affects enforcement.
This page explains U.S. firearm waiting period laws, the federal NICS timing rules, which states and D.C. impose additional waits, common exemptions, current litigation, and what recent research finds. Primary statutes, agency guidance, court records, and peer-reviewed research are used where available.
Quick Answer
Firearm waiting period laws require a set delay before a covered firearm can be delivered. Federal law does not impose one universal cooling-off period, although unresolved NICS checks generally have a three-business-day federal review window and certain under-21 checks can extend to a total of 10 business days. As of September 21, 2026, 13 states plus D.C. impose a waiting period for at least some firearm purchases; the duration and exemptions vary by jurisdiction.119
Key Takeaways
- There is no single federal waiting period for every firearm purchase; however, unresolved NICS checks generally use a three-business-day federal window, with a separate enhanced process that can reach 10 business days for certain buyers under 21.19
- As of September 21, 2026, 13 states and the District of Columbia have waiting periods covering at least some firearm purchases; rules differ by firearm type, permit status, exemptions, and how the clock is counted.1
- RAND’s 2026 evidence review found moderate evidence that waiting periods reduce firearm suicides and total homicides, with limited evidence for reductions in total suicides and firearm homicides.4
- Maine’s 72-hour law is currently enforceable while a Supreme Court petition is pending, and New Mexico says its 7-day law remains in effect for buyers other than the two named plaintiffs covered by an August 2026 federal injunction.262715
Warning: This article is general legal information, not legal advice. Firearm laws can change after publication, and local rules may add requirements. Check your state statute, local law, and licensed dealer guidance before buying or transferring a firearm.
Understanding Firearm Waiting Period Laws
Firearm waiting period laws set a minimum amount of time between a triggering event—such as purchase, application, background-check submission, or permit application—and lawful delivery. The rule is not uniform: some jurisdictions cover all firearms, others cover only specified firearm classes, and some allow permit-based or transaction-specific exemptions. Minnesota’s transfer-report process can run up to 30 days unless the local authority waives all or part of the period, showing why a national “typical wait” can be misleading.23
Federal baseline: The United States does not currently have a nationwide, universal waiting period for all firearm purchases. The Brady Act used a five-day interim handgun wait from 1994 until NICS began operating in 1998. Under the current federal framework, a federally licensed dealer generally may transfer a firearm after three business days if NICS has not returned a denial, unless state or local law requires more time. For a buyer under 21, if NICS identifies cause for further investigation within the initial three business days, federal regulations allow an additional seven business days of review—up to 10 business days total—before a transfer may proceed without a denial. State law can still require a longer wait.6519
Before relying on a general summary, verify the rule for the exact transaction. Check whether your jurisdiction counts calendar days, business days, or 24-hour periods; what event starts the clock; which firearm types are covered; and whether a permit, license, relationship, occupation, or other exception changes the timing.
Note: A waiting period is not the same thing as a background check. A background check reviews eligibility, while a waiting period delays delivery even when the buyer has already started the purchase process.
The Purpose Behind Waiting Periods
Waiting period laws use time as the regulatory mechanism. Common policy rationales include creating a pause before delivery during an acute crisis and allowing more time for unresolved eligibility records to be checked. Critics focus on delayed access for otherwise eligible buyers, including people who say they need a firearm promptly for self-defense, and on the fact that a waiting period regulates covered lawful transfers rather than every route by which firearms are acquired.
Reducing Impulsive Decisions
Researchers have examined whether a delay between purchase and delivery changes outcomes during short periods of crisis. RAND’s 2026 systematic review found moderate evidence that waiting periods reduce firearm suicides and total homicides, while evidence for total suicides and firearm homicides was more limited.4
A 2025 county-level study covering 1991–2019 found waiting periods were associated with about a 5% reduction in firearm suicide and about a 2% reduction in overall suicide. The same study found no statistically significant suicide reduction in counties within 50 miles of a state without a waiting period, suggesting that cross-border access can affect measured policy impact.28
Enhancing Public Safety
The practical effects of a waiting period depend on how it interacts with the transfer and background-check process.
- Fixed delay: A statutory wait postpones delivery even when an eligibility check clears quickly.
- Unresolved records: A NICS “Delayed” response means additional research is needed. Federal timing and state timing can overlap, but they are legally distinct.16
- Transaction-specific rules: Some states tie the clock to purchase, others to a transfer report, a background-check request, or a permit application, so the same number of stated days can produce different real-world timelines.
What Waiting Periods Do Not Do
Waiting periods do not replace background checks, determine every person’s eligibility, or guarantee a particular public-safety outcome. They regulate the timing of covered transfers. They also do not, by themselves, govern every illegal or exempt acquisition route, which is one reason measured effects can differ across states and border areas.
Effectiveness of Waiting Periods in Reducing Violence
Impact on Impulse Purchases
The strongest recent evidence is population-level, not a prediction about any individual buyer. Researchers compare changes in suicide or homicide rates across jurisdictions and over time, then try to account for other policies and demographic differences. Results therefore describe associations or estimated policy effects at the population level.
Recent studies add nuance. A 2025 Health Economics analysis found smaller suicide reductions near state borders without waiting periods, while a 2026 JAMA Network Open study reported that waiting-period laws were associated with a 12.5% lower firearm-suicide rate in its state-level model. The JAMA authors cautioned that states often enact multiple firearm laws together, making it difficult to isolate one policy’s effect.2829
RAND’s 2026 review rates the evidence as moderate for reductions in firearm suicides and total homicides, and limited for reductions in total suicides and firearm homicides.4
Studies and Statistics
Current research points in a generally consistent direction on firearm suicide, while effect sizes and outcomes vary by design:
- A 2017 multi-state analysis estimated about a 17% reduction in gun homicides and a 7–11% reduction in gun suicides after waiting-period adoption.2
- A 2022 Wisconsin repeal study estimated an increase of 1.1 handgun suicides per 100,000 per year, about 65 deaths annually, after the state removed its handgun waiting period.3
- A 2025 county-level study estimated associations of roughly −5% firearm suicides and −2% total suicides, with no statistically significant reduction for counties within 50 miles of a state without a waiting period.28
- A 2026 state-level study reported waiting periods were associated with a 12.5% lower firearm-suicide rate (95% CI, −22.1% to −1.7%); the authors noted policy clustering and other observational limitations.29
- RAND’s 2026 systematic review rates the evidence as moderate for reductions in firearm suicides and total homicides and limited for reductions in total suicides and firearm homicides.4
| Research | Timeframe / Sample | Finding | Key Limitation / Context |
|---|---|---|---|
| PNAS multi-state analysis, 20172 | 1970–2014 | Approximately −17% gun homicides; −7% to −11% gun suicides | Difference-in-differences across state policy changes |
| Wisconsin repeal study, 20223 | 1999–2020; post-2015 repeal | +1.1 handgun suicides per 100,000 per year, about 65 per year | Single-state repeal studied with synthetic-control methods |
| Health Economics, 202528 | County data, 1991–2019 | About −5% firearm suicides; −2% total suicides | No statistically significant reduction within 50 miles of a no-wait state |
| JAMA Network Open, 202629 | All 50 states, 1976–2024 | Waiting periods associated with −12.5% firearm-suicide rate | Observational model; states often enact multiple policies together |
| RAND Fifth Edition, 20264 | Systematic review of qualifying studies | Moderate evidence: firearm suicide and total homicide reductions | Limited evidence for total suicide and firearm homicide; many outcomes remain understudied |
Note: These are population-level estimates. They do not establish what will happen in an individual case, and effect sizes can differ with state context, neighboring-state laws, enforcement, and policies enacted at the same time.
How to Read the Research Carefully
Waiting period studies often compare states before and after a policy change, or compare one state with a carefully matched control group. These methods can reveal useful patterns, but they cannot always isolate one law perfectly. State firearm policies often change together, and cultural, economic, and enforcement differences can affect the results.
A careful reading separates outcomes and evidence strength. The current RAND synthesis supports a moderate-evidence conclusion for firearm-suicide and total-homicide reductions, while other outcomes have limited or inconclusive evidence. Individual studies can report larger or smaller estimates because they use different years, jurisdictions, comparison groups, and statistical methods.4
Firearm Waiting Period Laws by State
As of , 13 states and the District of Columbia impose a waiting period for at least some firearm purchases. The table separates broad waits from rules limited to certain firearm classes and notes two jurisdictions with significant current litigation.1
| Jurisdiction | Covered Purchase / Process | Core Timing Rule | Important Note |
|---|---|---|---|
| California | Generally firearm purchases/transfers through a dealer | 10 24-hour periods | Exceptions exist; DOJ also may delay some eligibility determinations.7 |
| Colorado | Dealer firearm sales | Later of 3 days or completed background check | Check the statute for exceptions and clock rules.8 |
| District of Columbia | Firearm delivery | 10 days from purchase | Separate registration and transfer rules also apply.10 |
| Florida | Retail firearm purchases | 3 days excluding weekends/legal holidays, or completed records checks, whichever is later | Statutory exemptions include specified license holders and some transactions.20 |
| Hawaii | Permit-to-acquire process | Permit issued no earlier than 14 calendar days after application | This is permit timing rather than a simple post-purchase delivery clock.11 |
| Illinois | Firearm delivery after purchase application | At least 72 hours | Other state eligibility requirements also apply.22 |
| Maine | Covered firearm sales | 72 hours after the agreement | The First Circuit vacated a preliminary injunction in April 2026; a Supreme Court petition was filed August 25, 2026 and is pending as of this update.142627 |
| New Mexico | Firearm sales, subject to exemptions | 7 calendar days; longer if the federal check remains unresolved, subject to the statute’s 20-day rule | State DPS says an August 27, 2026 final injunction applies only to the two named plaintiffs; the law remains in effect for other purchasers.15 |
| Rhode Island | Firearm delivery | 7 days | Check statutory exceptions before relying on the general rule.12 |
| Vermont | Transfers requiring a federal background check | 72 hours after NICS provides a transaction ID, or 7 business days after the dealer contacts NICS, whichever occurs first | Transfers not requiring a background check are excluded from this section.21 |
| Washington | Licensed-dealer firearm delivery | Required checks complete and 10 business days elapsed from the check request | Both conditions must be satisfied.9 |
| Minnesota | Pistols and semiautomatic military-style assault weapons under the transfer-report process | Up to 30 days after the transfer agreement/report is delivered to local law enforcement | The chief or sheriff may waive all or part of the wait after early clearance or in a qualifying threat situation; valid permits can change the reporting requirement.23 |
| Maryland | Regulated firearms | 7 days after the application is executed and forwarded | The statute governs licensed transfers of “regulated firearms.”24 |
| New Jersey | Handguns | At least 7 days after the handgun permit application | A valid permit to purchase is also required.25 |
New York is different: it does not impose a universal fixed waiting period. State law can extend the hold on a delayed NICS transaction for up to 30 days, so the delay applies only when the background check is unresolved.13
Pro Tip: For any state, verify four things in the current statute or agency guidance: the trigger that starts the clock, the counting method, the firearm or transaction covered, and any exemption that applies to the buyer or transfer.
How Do State Waiting-Period Rules Differ?
The headline number of days is only one part of the rule. States differ in what starts the clock, whether a background check must also be complete, which firearm classes are covered, and which exemptions or permits change the process.
- Fixed delivery delay: California generally uses 10 24-hour periods, while D.C. uses 10 days and Illinois uses at least 72 hours.71022
- Wait plus completed check: Colorado and Florida tie delivery to both a minimum period and completion of required background-check work, while Washington requires completed checks plus 10 business days.8209
- Permit or report timing: Hawaii’s permit-to-acquire process cannot issue earlier than 14 calendar days, and Minnesota’s transfer-report process can run up to 30 days unless law enforcement waives all or part of it.1123
- Exemptions matter: Some laws exempt specified permit holders, law-enforcement transactions, family transfers, antiques, dealer-to-dealer sales, or other defined transactions. The exemptions are not uniform, so the general statewide number is not enough to determine a particular buyer’s timeline.
Calendar Days vs. Business Days
A stated “day” can mean different things. California counts 10 24-hour periods, Washington uses 10 business days, and Florida excludes weekends and legal holidays from its three-day minimum. Always use the jurisdiction’s own counting rule instead of converting the period yourself.7920
Which Transfers May Be Covered
Coverage can turn on firearm type and transaction type. Minnesota’s cited transfer-report law covers pistols and semiautomatic military-style assault weapons, Maryland uses the category “regulated firearm,” and New Jersey’s seven-day rule applies to handguns. Private, family, dealer, antique, and permit-based transfers may be treated differently by other statutes.232425
How Waiting Periods Interact With Background Checks
Waiting periods and background checks can overlap but are not the same rule. A buyer can clear an eligibility check and still have to wait until a statutory delivery period ends. Conversely, a minimum waiting period can expire while a state rule still blocks delivery until the required check is complete. The federal three-business-day framework also does not override a longer state waiting period.19
Controversies and Criticisms
Waiting period laws spark debate over both effectiveness and individual rights.
- Effectiveness: RAND’s 2026 synthesis finds moderate evidence of reductions in firearm suicides and total homicides, while some other outcomes have only limited or inconclusive evidence.4
- Urgent self-defense needs: Critics argue a delay may disadvantage people facing imminent threats, especially if they do not already own a firearm or cannot quickly access lawful protection.
- Coverage limits: Critics note that a statutory delay applies only to covered transactions and does not regulate every illegal or exempt acquisition route.
- Administrative burdens: Buyers and dealers may face added scheduling, storage, paperwork, and compliance steps.
- Uneven impact: A short delay may affect lawful first-time buyers more than people who already own firearms.
Rights & courts, post-Bruen: In NYSRPA v. Bruen (2022), the Supreme Court emphasized text and historical tradition when evaluating Second Amendment restrictions; United States v. Rahimi (2024) further explained that analysis in a different firearm-regulation context.1718 Waiting-period litigation remains active. In April 2026, the First Circuit vacated the preliminary injunction against Maine’s 72-hour law and said the law was likely constitutional at that stage; the challengers filed a Supreme Court petition on August 25, 2026, which remains pending as of this update.2627 In New Mexico, the state Department of Public Safety says an August 27, 2026 final federal injunction applies only to the two named plaintiffs and that the 7-day law remains in effect for all other firearm purchasers until further notice.15
What Buyers Should Check Before Starting a Purchase
Before starting a firearm purchase, confirm the current rule for the specific transaction. The answer can depend on the buyer’s and seller’s locations, firearm type, dealer involvement, permit status, exemptions, and whether a background check is delayed.
- State waiting period: Check whether your state has a waiting period and whether it applies to your firearm type.
- Local rules: Some cities or districts may have registration, licensing, or other requirements.
- Permit or training requirements: Some states require training, permits, or certificates before transfer.
- Clock start date: Confirm whether the waiting period starts at application, purchase, background check submission, approval, or another event.
- Calendar vs. business days: Ask whether weekends and holidays count.
- Delayed background checks: Ask how state law handles unresolved checks and whether it overrides the federal default proceed rule.
The Future of Waiting Period Laws in America
Waiting-period rules remain subject to legislative change and court review. Maine’s pending Supreme Court petition and New Mexico’s ongoing litigation show why enforcement status can change faster than older state-law summaries. States also continue to refine how delayed background checks, permits, and exemptions interact with delivery timing.2715
Future cases and legislation are likely to continue examining the permissible length and design of waiting periods, emergency or permit-based exceptions, historical analogues under Second Amendment doctrine, and the relationship between fixed delays and background-check completion. Those legal questions remain contested and should be checked against current court orders rather than assumed from older summaries.
Firearm Waiting Period FAQ
Is There a Federal Waiting Period to Buy a Gun?
No single federal law requires every firearm buyer to wait a fixed cooling-off period after purchase. Federally licensed dealers generally use NICS before transfer. If NICS has not issued a denial after three business days, federal law can allow the transfer, unless a stricter state or local rule applies. For certain buyers under 21, an enhanced federal review can extend the investigatory period to a total of 10 business days.519
Which States Have Firearm Waiting Periods?
As of September 21, 2026, 13 states plus the District of Columbia impose waiting periods for at least some firearm purchases: California, Colorado, Florida, Hawaii, Illinois, Maine, Maryland, Minnesota, New Jersey, New Mexico, Rhode Island, Vermont, and Washington, plus D.C. Coverage is not identical in every jurisdiction.1
Is a NICS Delay the Same as a Waiting Period?
No. A NICS delay means the background-check system needs more time to determine eligibility. A statutory waiting period delays delivery for a set or defined period even if eligibility is otherwise resolved. Some state laws combine both concepts by requiring a minimum delay and a completed check.
How Long Can a Firearm Waiting Period Last?
The answer depends on the jurisdiction and transaction. Several states use 72 hours, California and D.C. use 10-day frameworks, Washington uses 10 business days, Hawaii uses at least 14 calendar days for permit issuance, and Minnesota’s covered transfer-report process can last up to 30 days unless law enforcement waives all or part of the period.2271091123
Are There Exemptions From Firearm Waiting Periods?
Yes. Exemptions vary by jurisdiction and can include specified permit or license holders, law-enforcement transactions, family transfers, dealer-to-dealer sales, antiques or curios and relics, trade-ins, or other defined circumstances. An exemption in one state should not be assumed to exist in another.
Are the Maine and New Mexico Waiting-Period Laws in Effect?
As of September 21, 2026, Maine’s 72-hour statute is enforceable after the First Circuit vacated a preliminary injunction; a petition asking the U.S. Supreme Court to review the case is pending. New Mexico’s Department of Public Safety says its 7-day law remains in effect for all purchasers except the two named plaintiffs covered by an August 27, 2026 federal injunction.262715
Conclusion
Firearm waiting-period laws are not one uniform system. Federal NICS timing, state delivery delays, permit processes, firearm-specific rules, exemptions, and court orders can all affect when a transfer may lawfully occur. The 2026 RAND review finds moderate evidence that waiting periods reduce firearm suicides and total homicides, while evidence for some other outcomes remains limited or inconclusive.4
Because the legal landscape is changing, verify the current statute and any controlling court order before a transfer. Confirm the covered firearm type, clock-start event, counting method, exemptions, permit or training requirements, and how the jurisdiction handles an unresolved background check.
References
- GIFFORDS Law Center, “Waiting Periods,” current state-law summary listing 13 states plus D.C. with waiting periods for at least some firearm purchases. giffords.org
- Luca, Malhotra, Poliquin, “Handgun waiting periods reduce gun deaths,” PNAS, 2017. pnas.org
- “Effects of Wisconsin’s handgun waiting period repeal on suicide rates,” Injury Prevention, BMJ, 2022; 28(6):580. pubmed.ncbi.nlm.nih.gov
- RAND, The Science of Gun Policy: A Critical Synthesis of Research Evidence on the Effects of Gun Policies in the United States, Fifth Edition, published January 29, 2026. rand.org
- 18 U.S.C. §922(t), federal NICS transfer timing framework. uscode.house.gov
- ATF, Brady Act overview, including the five-day interim wait from 1994 to 1998. atf.gov
- California Department of Justice, waiting-period overview and dealer FAQs, 10 24-hour periods. oag.ca.gov
- Colorado HB23-1219 / C.R.S. 18-12-115, later of three days or completed check. leg.colorado.gov
- Washington RCW 9.41.092, completed required checks plus 10 business days. app.leg.wa.gov
- D.C. Code §22-4508, 10-day delivery wait. code.dccouncil.gov
- HRS §134-2, permit-to-acquire process and issuance timing. law.justia.com
- R.I. Gen. Laws §11-47-35.2, 7-day wait. rilegislature.gov
- New York A02690, 2019, extending the transfer hold on delayed NICS checks up to 30 days. nyassembly.gov
- Maine Revised Statutes, Title 25, §2016, 72-hour waiting period and statutory exceptions. legislature.maine.gov
- New Mexico Department of Public Safety, “7-Day Waiting Period,” including August 27, 2026 injunction-status update. dps.nm.gov
- FBI, “About NICS,” including the meaning of a delayed response and the general three-business-day federal framework. fbi.gov
- Supreme Court, New York State Rifle & Pistol Association v. Bruen, 2022. supremecourt.gov
- Supreme Court, United States v. Rahimi, 2024. supremecourt.gov
- ATF eRegulations, 27 CFR §478.102, including the three-business-day rule and additional under-21 investigatory period through September 30, 2032. regulations.atf.gov
- Florida Statutes §790.0655 (2026), three days excluding weekends and legal holidays or completion of required records checks, whichever occurs later, with statutory exceptions. leg.state.fl.us
- 13 V.S.A. §4019a, firearms-transfer waiting period. legislature.vermont.gov
- 720 ILCS 5/24-3, 72-hour firearm-delivery provision. ilga.gov
- Minn. Stat. §624.7132, transfer-report and delivery timing for pistols and semiautomatic military-style assault weapons. revisor.mn.gov
- Md. Code, Public Safety §5-123, seven-day rule for regulated-firearm transfers. mgaleg.maryland.gov
- New Jersey P.L. 2022, c.55, codified dealer requirements including the seven-day handgun permit timing rule. njleg.state.nj.us
- Beckwith v. Frey, U.S. Court of Appeals for the First Circuit, No. 25-1160, April 3, 2026, vacating the preliminary injunction against Maine’s law. ca1.uscourts.gov
- U.S. Supreme Court docket No. 26-258, Beckwith v. Frey, petition for writ of certiorari filed August 25, 2026. supremecourt.gov
- Arnold and Priestley, “Do Gun-Purchase Waiting Periods Save Lives?” Health Economics, 2025; 34(8):1461–1473. pubmed.ncbi.nlm.nih.gov
- Goh, Fleegler, and Siegel, “State Gun Laws and Firearm Suicide Rates,” JAMA Network Open, 2026;9(4):e263419. jamanetwork.com
