Fourteen states and the District of Columbia require a waiting period between when you buy a firearm and when you can take it home, and the gun waiting period by state ranges from 72 hours to 30 days depending on the jurisdiction and the type of firearm. Every other state lets the dealer transfer the firearm as soon as the federal background check clears, which is usually a matter of minutes. A separate federal rule adds a possible 10-business-day enhanced review for any buyer under 21 whose check flags a juvenile record.
States That Make You Wait on Any Firearm
Eleven jurisdictions apply their waiting period to handguns, rifles, and shotguns alike:
- California: 10 days, measured in 24-hour periods from the moment the dealer submits your paperwork to the state Department of Justice.1State of California Department of Justice. Frequently Asked Questions
- Colorado: 3 days, effective since October 2023.
- District of Columbia: 10 days for all firearm registrations.
- Florida: 3 business days (excluding weekends and legal holidays) or until the background check completes, whichever takes longer. Florida extended this from handguns to all firearms in 2018.
- Hawaii: 14 days on any permit to acquire a firearm.
- Illinois: 72 hours for all firearms. Illinois once applied its waiting period only to handguns and extended it to long guns in 2018.
- Maine: 72 hours.
- New Mexico: 7 days. Holders of a valid New Mexico concealed carry license are exempt. A court ruled against this law in August 2025, and its status may change.
- Rhode Island: 7 days from noon the day after you apply.
- Vermont: 72 hours after the dealer receives confirmation that you passed the background check. Gun show purchases are exempt under current law.
- Washington: 10 business days.
States That Make You Wait Only on Handguns or Certain Firearms
Three states apply their waiting periods to a narrower category of firearm:
- Maryland: 7 days for regulated firearms, which Maryland defines as handguns. Transfers of assault weapons are now generally prohibited entirely.
- Minnesota: 30 days for handguns and assault-style weapons purchased through a dealer. Minnesota extended this from 7 days to 30 days in 2023. Private sales between individuals are not covered, and the local police chief or sheriff can waive part of the wait.
- New Jersey: 7 days for handguns. No waiting period applies to long guns. New Jersey uses a permit-to-purchase system for handguns, and the permit application itself can take up to 30 days (45 days for non-residents), creating a much longer practical delay.
If your state is not on either list, you can leave with the firearm as soon as your background check clears.
Business Days or Calendar Days
How the state counts days changes how long you actually wait. Florida’s three days exclude weekends and legal holidays, so a Friday purchase might not clear until the following Wednesday or Thursday. California counts 10 rolling 24-hour periods, so weekends count and the clock runs continuously from the exact time your paperwork was submitted.1State of California Department of Justice. Frequently Asked Questions Washington’s 10 business days can stretch to two full weeks or more when holidays fall inside the window.
If you need the firearm by a specific date, count the days carefully and account for any holidays. A quick call to the dealer to confirm how they measure the window saves a wasted trip.
If Your State Has No Waiting Period
Federal law creates a built-in delay only when the background check does not come back immediately. Under 18 U.S.C. ยง 922(t), a dealer who contacts the National Instant Criminal Background Check System (NICS) and does not receive a final answer within three business days may proceed with the transfer.2Office of the Law Revision Counsel. 18 USC 922 The FBI confirms the dealer is permitted, but not required, to release the firearm once those three days pass without a denial.3Federal Bureau of Investigation. About NICS
Most checks clear in minutes, so most buyers in no-waiting-period states walk out with the firearm the same day. State waiting periods override this federal default, so a delayed check in California still cannot result in a transfer until the full 10 days pass. In states without a waiting period, some dealers as a matter of policy will not release a firearm with a pending check even when they legally could. Store policy varies.
Buyers Under 21
The Bipartisan Safer Communities Act, signed in 2022, added a federal enhanced review for any firearm buyer under 21. When a buyer under 21 goes through NICS and the system flags a possible disqualifying juvenile record, the FBI gets up to 10 business days to investigate instead of the usual three.2Office of the Law Revision Counsel. 18 USC 922 Examiners use that window to contact state and local agencies about juvenile records that may not appear in federal databases.4Federal Bureau of Investigation. NICS Enhanced Background Checks for Under-21 Gun Buyers Showing Results
This applies in every state. A buyer under 21 in a no-waiting-period state can still face up to 10 business days of delay if NICS finds a juvenile record worth investigating. If nothing disqualifying turns up, the dealer can proceed. In a state whose waiting period already runs longer than 10 business days, the state period controls.
When the Clock Starts
The clock starts when the dealer submits your transaction paperwork, not when you walk into the store or pick out a firearm. At every federally licensed dealer, you fill out ATF Form 4473 and present a valid government-issued photo ID.5Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF Form 4473 – Firearms Transaction Record Revisions
In waiting-period states, the dealer usually submits an additional state form or electronic filing at the same time. California uses a Dealer Record of Sale sent to the state DOJ. Maryland requires a state Form 77R for handgun transfers. Minnesota dealers file a transfer report with the local police chief or sheriff. The moment the dealer transmits that state paperwork is what starts your clock, and you should receive a receipt or confirmation showing the date and time.
Who Can Skip the Wait
Most waiting-period states carve out exemptions for buyers who have already cleared a more thorough screening. Common ones include:
- Concealed carry permit holders. Several states treat a valid concealed carry license, which typically involves fingerprinting and a deeper background check, as sufficient to skip the wait. New Mexico’s statute exempts concealed carry license holders. Florida also exempts buyers who already hold a concealed weapons license. Illinois does not waive its 72 hours for permit holders.
- Law enforcement and military personnel. Active-duty law enforcement officers are frequently exempt, and many states extend the exemption to active military personnel.
- Antique firearms. Federal law defines antique firearms as those manufactured in or before 1898, and most states use the same definition. These firearms are exempt from the background check system, and waiting period laws generally do not reach them.
- Returns and repairs. Picking up your own firearm after a repair, or reclaiming a pawned weapon, typically does not trigger a new waiting period because you already own the gun.
Exemptions are not uniform across states. Vermont exempts gun show purchases but not regular dealer sales. Assuming your permit or status qualifies you everywhere is a mistake that can delay your purchase or put the dealer in a difficult position.
Permit States That Create Delays by Another Name
A few states have no formal waiting period but build delays into a permit-to-purchase system. Nebraska requires a handgun purchase certificate from the local sheriff’s office before you can buy a handgun from any source, including a private seller, and the processing time acts as a waiting period in practice.
Iowa previously used a similar system but eliminated the mandatory permit-to-purchase requirement in July 2021; Iowans can still obtain a permit voluntarily. Minnesota’s setup is a hybrid: buyers without a transferee permit or carry permit go through the 30-day dealer-filed transfer, while permit holders bypass the wait.
New Jersey’s permit system produces one of the longest practical delays in the country. Each handgun purchase requires its own permit, which can take up to 30 days to process, and only then does the seven-day waiting period on the actual purchase begin. A first-time handgun buyer in New Jersey can easily spend five or six weeks between deciding to buy and taking the firearm home.
Check Before You Buy
Waiting period laws have been in motion. Colorado, Vermont, Maine, New Mexico, and Washington all enacted theirs after 2018, and Minnesota lengthened its existing period in 2023. On the other side, a New Mexico court ruled against that state’s seven-day waiting period in August 2025, and its status may change. Similar Second Amendment challenges are working their way through courts elsewhere. Confirm your state’s current rule shortly before you buy, because a statute that was in force six months ago may have been amended, struck down, or put on hold by a court order.