There is no federal 10-day waiting period to buy a gun, and most buyers in the United States never wait 10 days at all. A handful of states impose mandatory waits that range from 72 hours to 14 days, and a 10-day period is one common version — but it applies only in specific states, and sometimes only to specific firearms. Whether you wait depends on where you live, what you’re buying, and in some cases how old you are.
Where a 10-Day Wait Actually Applies
Mandatory waiting periods come from state law, not federal law. Roughly 13 states and the District of Columbia impose some version of a wait between purchase and delivery. A few of those states require 10 days (or 10 business days) for all firearms. Others set shorter periods of 3 to 7 days. One state runs a 14-day wait. Some states apply the wait only to handguns or to specific categories of firearms rather than to every gun.
In a state with a waiting period, the clock generally starts when the dealer submits the purchase paperwork to the relevant state agency. The full period runs regardless of how fast the background check clears. Even if your record comes back clean in minutes, you still wait the mandated number of days before taking the gun home.
The wait attaches to the transaction, not to you. Buying a handgun in January and a rifle in March means two separate waits. Already owning a dozen firearms does nothing to shorten the clock on your next purchase.
Most states impose no waiting period at all. In those places, a buyer who passes the background check can walk out the same day, often within half an hour of starting the paperwork.
What Federal Law Requires Instead
Every purchase from a federally licensed dealer runs through the National Instant Criminal Background Check System, or NICS, maintained by the FBI.1Federal Bureau of Investigation. Firearms Checks (NICS) The dealer submits your information and gets back one of three answers: proceed, denied, or delayed. For most buyers with clean records, the check takes minutes.
If NICS returns a “delayed” result and doesn’t follow up within three business days, federal law allows the dealer to complete the transfer anyway.2Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts This is often called the “default proceed” rule. The dealer isn’t required to hand over the gun — many wait for a definitive answer — but federal law permits it. In states without their own waiting period, that three-business-day window is the longest a purchase can be held up under federal rules alone.
State waiting periods override this default proceed timeline. If your state says 10 days, those 10 days apply even though federal law would allow the transfer sooner.
Buyers Under 21 Face a Longer Federal Review
Even in a state with no waiting period, an 18-to-20-year-old buyer can wait longer than expected. The Bipartisan Safer Communities Act, signed in 2022, added an enhanced background check for anyone under 21 buying from a licensed dealer.2Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Under this process, a specialized NICS team contacts state juvenile justice agencies, mental health repositories, and local law enforcement to search for disqualifying records from the buyer’s time as a minor.3Federal Bureau of Investigation. NICS Enhanced Background Checks for Under-21 Gun Buyers Showing Results Juvenile records often don’t appear in the databases NICS normally queries, which is why that outreach matters.
The timing works in two stages. First, the standard three-business-day period runs. If NICS finds reason to investigate further, the review window extends to 10 business days from the date the dealer first contacted the system.2Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts If those 10 business days pass without a denial, the dealer may proceed with the transfer. For a young buyer with a flagged record, the practical wait can stretch to two full calendar weeks — even where the state itself has no waiting period.
Exemptions That Can Shorten or Skip the Wait
Most states with waiting periods carve out narrow exemptions. The specifics vary, but three categories come up repeatedly:
- Active-duty, full-time peace officers with written authorization from their employing agency can often skip the wait.
- Concealed carry permit holders may be able to bypass or shorten the wait in several states, since the permit itself required a background check.
- Certain federal firearms license holders, particularly Curio and Relic collectors, qualify for exemptions in some states, though additional state documentation is often required.
These exemptions don’t stretch far. Active-duty military members generally don’t qualify unless they also fit one of the listed categories. And exemptions don’t cross state lines: a concealed carry permit from one state won’t waive a waiting period in another state that doesn’t recognize it. If you think you qualify, bring your documentation to the dealer. They’ll need to verify it and keep a copy with the purchase paperwork.
When No Waiting Period Applies
Federal law requires background checks only when the seller is a licensed dealer. Sales between private individuals — a neighbor selling you a hunting rifle, for instance — don’t trigger a federal background check, and no federal waiting period attaches.4Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal Firearms Licensee Quick Reference and Best Practices Guide
Roughly 20 states have closed that gap by requiring background checks on most or all private sales. In those states, a private sale must run through a licensed dealer, who processes the NICS check and the paperwork — and the state’s waiting period, if any, applies. In states without a universal background check requirement, a private transaction between two residents of the same state can happen with no check and no wait. Federal law still bars selling to someone you know or have reason to believe is prohibited, but there’s no formal verification step for private sellers.
If Your Background Check Is Delayed or Denied
A delayed result doesn’t mean a denial is coming. Common causes include a name that closely matches someone else in the system, an old arrest record missing disposition information, or records from multiple jurisdictions that take time to reconcile.
If you’re denied, the FBI won’t explain the reason over the phone because of federal privacy rules. You can request the reason in writing by mail, fax, or through the FBI’s online appeals portal. To file a formal appeal you’ll need your full name, mailing address, and the transaction number from your purchase attempt. The Appeal Services Team responds with the general reason for denial within five business days of receiving the request.5Federal Bureau of Investigation. Guide for Appealing a Firearm Transfer – Your Rights and Responsibilities
If you believe the denial rests on inaccurate records — a conviction that was expunged, a case of mistaken identity, or rights that have been legally restored — submit court documentation or other proof with your appeal. You can also submit fingerprints to show you’re not the person whose record triggered the denial.
For a delay rather than an outright denial, the FBI asks that you wait 30 days from the date of the original check before filing an appeal, so the system has time to finish its initial review. If delays are a recurring problem, the Voluntary Appeal File program can help. After a successful appeal, you receive a Unique Personal Identification Number to include on future purchase forms, which gives NICS immediate access to your verified identity information.6Federal Bureau of Investigation. Voluntary Appeal File It doesn’t guarantee an instant result every time, but it’s designed to prevent the same delay from repeating on every purchase.
One boundary worth flagging: if you fall into a federally prohibited category — for example, a felony conviction, a misdemeanor domestic violence conviction, an active restraining order covering an intimate partner, being an unlawful user of controlled substances, or being under felony indictment — no waiting period or appeal will change the answer at the counter.7Bureau of Alcohol, Tobacco, Firearms and Explosives. Identify Prohibited Persons Some of these prohibitions can be lifted through expungement, pardon, or restoration of rights. Sorting that out before walking into a gun store saves you a denial at the register and an appeal afterward.