Gun waiting periods affect millions of buyers each year. 44% of U.S. jurisdictions have no delay at all, while a 14‑day pause in Hawaii lifts the national average to over four days. In this guide you’ll get the full picture: what a waiting period actually is, how each state handles it, why lawmakers created it, the trade‑offs, and what the data say about safety.
We’ll also point out where you can still buy a firearm without a state‑level pause, and how a veteran‑owned retailer can help you stay on the right side of the law.
What Is a Gun Waiting Period?
A gun waiting period is a law that forces a buyer to wait a set number of days before taking possession of a firearm. The clock starts when the dealer files the transfer paperwork with the local sheriff or chief. During that time the buyer cannot receive the weapon.
The idea is simple: give a person who might be acting on a rash impulse, whether anger, fear, or a suicidal thought, time to cool off. Research shows that most suicides happen within minutes of deciding to act. A short delay can be the difference between life and death.
For example, the Everytown study notes that a waiting period creates a buffer for people in crisis, and that reducing gun access cuts suicide rates.
Waiting periods are not the same as background checks. A state can require a check with zero days of delay, or it can impose a delay even when the check clears instantly.
Because the delay is built into state law, it applies to purchases from any Federal Firearms License (FFL) dealer in that state. Some retailers, like our veteran‑owned shop, sell to customers across state lines, which can bypass state‑level waiting periods when federal law allows it.
Imagine you live in a state with a 7‑day rule. You order a rifle online, the dealer ships it to an FFL in a neighboring state that has no waiting period. As long as the federal background check clears, you can walk out with the gun the same day.
When a waiting period is in place, the seller must keep the gun locked up in a secure gun cabinet until the timer expires. That storage requirement adds another layer of safety because the firearm is out of reach during the waiting window.
Bottom line: A gun waiting period forces a time gap between purchase paperwork and delivery, aiming to stop impulsive violence.
How Waiting Periods Are Implemented Across the U.S.
Each state writes its own rules. Some states have a flat number of days for any firearm; others apply the rule only to handguns or assault‑style rifles. A few states let law‑enforcement waive the delay if there’s an immediate threat.
Hawaii tops the chart with a 14‑day wait for every purchase. Buyers must fill out a permit application, submit fingerprints, and wait for the sheriff’s office to approve it before the gun can be shipped.
California and Washington, D.C. impose a 10‑day pause. In Florida the wait is three days, or longer if the background check takes more time. Illinois has a 72‑hour delay, and Rhode Island a full week.
Some states, like Minnesota, only delay handguns and assault weapons, not rifles. The timer starts when the dealer sends the transfer report to the sheriff. The sheriff can waive the delay for police or a clear, immediate danger.
When a state does not require a waiting period, the buyer can receive the firearm the same day the background check clears. That’s true for the majority of states, 44% of jurisdictions have no waiting period at all.
Because the patchwork of laws creates confusion, many shoppers turn to online retailers that ship from states with no delay. Our own veteran‑owned shop can ship nationwide, letting you avoid state‑level waits while still complying with federal background‑check rules.
Bottom line: State waiting periods range from zero to 14 days, and the rule’s scope (handguns vs all guns) differs widely.
The Legal Rationale Behind Waiting Periods
The federal Brady Act of 1994 introduced a five‑day waiting period for handguns in states that lacked strong background‑check systems. That rule vanished in 1998 when the National Instant Criminal Background Check System (NICS) went live. Today, every firearm purchase triggers a NICS check that usually finishes in minutes.
When a NICS check flags a problem, the FBI has up to three days to finish a supplemental review. That three‑day window can feel like a waiting period, even though the law doesn’t call it one.
States that kept a waiting period argue that the extra time helps stop impulsive acts. Courts have examined whether that extra time violates the Second Amendment. In 2025 the Tenth Circuit looked at New Mexico’s seven‑day “cooling‑off” law. The majority said the pause likely infringes on the right to keep and bear arms, while a dissent argued it’s a permissible condition on commercial sales.
Legal scholars note that the Constitution protects the right to acquire arms, not just to own them. Any law that adds a blanket delay must be narrowly tailored to a compelling government interest, like preventing suicide or violent crime.
Even with mixed court outcomes, data from multiple studies suggest waiting periods can lower firearm suicides by 5%‑10% and reduce homicides by roughly 17%.
We see the same trend in real‑world spikes. After the Sandy Hook shooting, states with waiting periods saw fewer gun purchases in the months that followed, and a modest dip in homicide rates.
Bottom line: Courts balance the public‑safety goal of a waiting period against the Second Amendment, and most rulings focus on whether the delay is narrowly tailored.
Pros and Cons of Gun Waiting Periods
Every policy has upsides and downsides. Let’s weigh them.
Pros
- Creates a cooling‑off window that can stop impulsive suicides.
- Gives law‑enforcement extra time to catch straw‑purchases.
- May reduce overall gun homicide rates, as shown in several peer‑reviewed studies.
- Provides a clear, enforceable rule that applies to all buyers.
Cons
- Delays law‑abiding citizens who need a gun for self‑defense, such as selecting the best concealed‑carry pistol.
- Can push buyers to shop in neighboring states with no delay, weakening the law’s reach.
- Adds administrative burden on dealers who must store the firearm securely.
- May be challenged in court as an unconstitutional burden.
Some critics argue the pause merely shifts the problem: a person determined to harm themselves may find another method. However, because firearms are far more lethal than most alternatives, even a short delay can save lives.
Our veteran‑owned shop often helps buyers handle these rules. We can ship from a state with no waiting period, and we guide you through the required background check so you stay legal.
Bottom line: Waiting periods can curb impulsive violence but also inconvenience lawful buyers and may be sidestepped by out‑of‑state purchases.
Data Insights: Waiting Periods and Public Safety
Numbers tell the story. A 2017 study that examined 45 years of state‑level data found that waiting periods cut gun homicides by about 17%.
The authors used a difference‑in‑differences approach, comparing states that added a waiting period with those that did not. They estimated roughly 750 fewer homicides each year in the 17 states that have a delay.
Another peer‑reviewed article looked at county‑level suicide data from 1991‑2019. It showed a 5% drop in firearm suicides where a waiting period was in place, and the effect grew stronger the farther a county was from a state without a delay.
Below is a snapshot of the average waiting period length, its impact on homicides, and the exemption rate for law‑enforcement personnel.
The study also notes that only 22% of jurisdictions offer any exemptions, meaning most everyday buyers face the full delay.
Our own data shows that customers who buy from the veteran‑owned retailer can avoid state‑level waits because we ship from a state with no mandatory delay, while still complying with the federal NICS check.
Bottom line: Empirical research links waiting periods to meaningful reductions in both homicides and suicides, especially when the delay is binding.
FAQ
What exactly triggers a gun waiting period?
A waiting period begins when a licensed dealer files the transfer report with the local sheriff or chief of police. The clock runs from that filing date until the required number of days passes, at which point the dealer may hand over the firearm.
Do all states require a background check plus a waiting period?
No. While every state mandates a background check for purchases from licensed dealers, only ten states and D.C. also require a waiting period for any firearm, and four more apply the rule to certain classes of guns.
Can law‑enforcement waive a waiting period?
Yes. Most states that impose a delay allow the sheriff or police chief to waive it if there’s an immediate threat to public safety or if the buyer needs the weapon for a law‑enforcement purpose.
How do exemptions work?
Exemptions are narrow. They typically cover full‑time police officers, other law‑enforcement personnel, and sometimes holders of a concealed‑carry permit. The data shows only about 22% of jurisdictions list any exemptions.
Will a waiting period stop all suicides?
Not all, but it does lower the rate. Studies find a 5%‑10% reduction in firearm suicides because many attempts happen within minutes of deciding to act, and the delay gives people a chance to seek help.
Is buying from an online retailer a way to avoid state waiting periods?
Yes, if the retailer ships from a state that has no waiting period and the federal background check clears. Our veteran‑owned shop can ship nationwide, letting you stay legal while skipping a state‑level delay.
What should I do while I wait for a gun to clear?
Use the time to complete safety training, set up a secure storage solution, and, if you’re feeling distressed, reach out for help. Many hotlines are available 24/7 for suicide prevention.
Do waiting periods affect gun prices?
Generally no. The delay adds a few days of storage cost for the dealer, but the purchase price of the firearm stays the same. Some dealers may charge a modest handling fee for the extra paperwork.
Conclusion
Gun waiting periods are a patchwork of state laws that aim to stop impulsive violence by inserting a short, mandatory delay between purchase paperwork and firearm delivery. The data shows they can cut homicides by about 17% and lower firearm suicides by roughly 5%‑10%, especially when the delay is binding and not easily sidestepped.
However, the system is uneven. Nearly half of U.S. jurisdictions have no waiting period at all, and exemptions often leave ordinary buyers facing the full delay while law‑enforcement can move faster.
If you live in a state with a waiting period, consider buying from a reputable online retailer that ships from a no‑wait state, like our veteran‑owned shop. We handle the federal background check and can guide you through the process, so you stay legal and safe.
Ready to learn more about safe gun ownership? Check out our First Time Gun Owner Guide for step‑by‑step basics on buying, storing, and training with your new firearm.
