Waiting Period for Guns by State: Days, Permits, Courts

Waiting period for guns by state laws run from no set wait in 37 states to up to 30 days in Minnesota; 13 states and D.C. set a day count.

Originally published: October 26, 2026

The waiting period for guns by state is the number of days a state makes you wait between paying for a firearm and carrying it out the door, and federal law adds none of its own. Thirteen states and the District of Columbia set a day count, from 72 hours to as long as 30 days, while the rest set no fixed wait once the background check clears. Courts have narrowed some of these laws, so confirm your row with your state before you plan a pickup.

Black Friday is when this question gets loud. A buyer picks out a deer rifle for a son-in-law, pays at the counter, and learns the box stays on the shelf until the following week (or longer, depending on which state line you live behind). The paperwork does not care that the turkey is still warm.

The field splits three ways. Most states add nothing to the federal check, a handful require a permit before you can buy, and fourteen jurisdictions make you wait a set number of days no matter how fast the check comes back. The right plan is the one that matches your state’s row, your permit and the date you need the gun in hand.

Waiting Period for Guns by State: Find Your Row

Each row was read from the statute or agency page linked in it. A bare federal citation means we found no state waiting period; “Searched” means we read that state code chapter in full and found none; “No day count” means a permit comes first, with no fixed number of days.

Days are calendar days unless marked business days; “Same” matches the handgun rule. Statutes were read October 18, 2026; Justia and public.law mark copies used where the state’s own site would not load.

Is There a Federal Waiting Period?

No. Under 18 U.S.C. § 922(t), a dealer has to run you through the National Instant Criminal Background Check System (NICS) before the gun changes hands. If it says proceed, the sale closes on the spot; if it says delayed and 3 business days pass with no denial, the dealer may hand the gun over.

“May” is the key word. The FBI’s NICS page says a dealer “is not prohibited from transferring the firearm after three business days have passed,” but nothing requires it, and state law can still bar the sale.

Buyers under 21 get a deeper look under the Bipartisan Safer Communities Act of June 25, 2022. If NICS flags a possible juvenile record for more research, the dealer waits up to 10 business days before the default lets the sale go forward. Think about it: a Black Friday rifle for a 19-year-old can run two full weeks in a state with no waiting period at all.

The 13 States and D.C. That Make You Wait

As someone who carries a firearm professionally, I can tell you the most common surprise at the counter is not the length of the wait, it is who the wait covers. Most of these laws hit every buyer, permit or no permit.

• All guns, no carry-permit pass: Hawaii (14 days), California (10 days), D.C. (10 days), Washington (10 business days), Illinois, Maine and Vermont (72 hours each), and Colorado (3 days or state approval, whichever is later).
• All guns, with permit-holder exemptions: Florida (3 days, not counting weekends or legal holidays), New Mexico (7 calendar days) and Rhode Island (7 days; city or town carry license holders skip only the long gun wait).
• Handguns only: Maryland (7 days), New Jersey (7 days from the permit application) and Minnesota (up to 30 days from a dealer).

The state row is the floor: Florida’s constitution lets each county require a 3 to 5-day wait, and Colorado lets cities and counties write their own.

Do Carry Permit Holders Skip the Wait?

Sometimes. Florida’s statute exempts holders of a concealed weapons license, law enforcement and corrections officers, and service members. Carrying under Florida’s permitless-carry law does not count, since the statute names license holders. A rifle or shotgun buyer with a hunter safety card skips the Florida wait too.

New Mexico exempts its own concealed handgun license holders and sales between immediate family. Minnesota skips the report and the wait for a carry permit or transferee permit. Rhode Island lets holders of a city or town carry license skip the 7-day rifle and shotgun wait, but not the handgun wait. California, Illinois, Colorado and Washington offer no carry-permit pass (California’s exemption is for full-time paid peace officers). Remember, an out-of-state permit never counts; every exemption names that state’s own license.

Black Friday Gun Purchase: Will It Go Home That Day?

In 37 states, yes, once the check clears and any required permit is in hand. In the 13 states and D.C., not for the guns and buyers the wait covers. The FBI’s list of its busiest days shows why the counter gets crowded: on Black Friday 2023 (November 24), NICS ran 214,913 firearm checks, the third-highest single day in its records since November 1998. Black Friday 2017 (203,086) and Black Friday 2019 (202,465) also made the top 10.

In Florida, a handgun paid for the Friday after Thanksgiving waits through Monday, Tuesday and Wednesday, because weekends do not count. In New Mexico the 7 calendar days run straight through the weekend, and Hawaii buyers apply for the permit before they shop.

For a gift, the person who fills out the federal form is the buyer, so that person waits and picks up. Like Tom Petty said, the waiting is the hardest part.

Gun Waiting Period Laws in Court

On August 19, 2025, the Tenth Circuit held in Ortega v. Grisham that New Mexico’s 7-day law likely violates the Second Amendment. On August 27, 2026, the district court granted summary judgment, but its order bars enforcement only against the two named plaintiffs. The New Mexico Department of Public Safety says the wait “remains in effect for all other firearm purchasers until further notice.”

Maine went the other way. A federal judge blocked its 72-hour law, and on April 3, 2026, the First Circuit vacated that injunction, finding the law likely constitutional. The gun owners asked the U.S. Supreme Court to hear the case (No. 26-258). Vermont’s 72-hour law is in force while the Vermont Federation of Sportsmen’s Clubs’ appeal sits at the Second Circuit.

What Happens If a Dealer Hands It Over Early

Florida makes early delivery by a retailer a third-degree felony, and so is getting the gun early by fraud or a false statement. New Mexico makes it a misdemeanor and lets prosecutors charge each party separately, one count per gun. Colorado fines a seller $500, then $500 to $5,000 for a repeat; Maine fines $200 to $500, then $500 to $1,000; Vermont allows up to one year in jail, a $500 fine, or both. If a clerk offers to “just let you take it,” say NO; your name is on the form too.

Waiting Period Changes on the Calendar

Washington’s permit to purchase takes effect May 1, 2027, on top of the 10 business days. Oregon’s Measure 114 permit has been pushed to January 1, 2028.

Buying where you land for the holidays? A dealer can sell you a rifle or shotgun in another state only if the sale complies with both states’ laws. Check your route with our Can I Carry There? trip planner, and see concealed carry by state before you count on a permit exemption.

Frequently Asked Questions

Is there a waiting period to buy a gun?

Not under federal law. Thirteen states and D.C. set one, from 72 hours in Illinois, Maine and Vermont to as long as 30 days in Minnesota; the other 37 set no fixed wait, though some require a permit first.

Do you still have to wait 7 days to buy a gun in New Mexico?

Yes, for almost every buyer. The August 27, 2026 federal order covers only the two plaintiffs, and the state Department of Public Safety says the 7 calendar days apply to everyone else except license holders and immediate family.

Does a concealed carry permit let you skip the waiting period?

Only in some states. Florida, New Mexico and Minnesota exempt qualifying holders of their own state’s license, and Rhode Island exempts holders of a city or town carry license from the long gun wait; California, Illinois, Colorado and Washington do not.

Can you take a gun home the same day you buy it on Black Friday?

Yes in 37 states, once the check clears and any required permit is in hand. Not in the 13 states and D.C. with a waiting period, for the guns and buyers it covers.

What happens if a background check is still delayed after three business days?

Federal law then allows the dealer to transfer the gun but does not require it. Some states, including Colorado, Florida, Pennsylvania, Tennessee and Utah, hold delivery until the state check is done, and New Mexico until it is done or 20 days pass.

Find your row before you set a pickup date, buy the gift early, and keep your own permit current. The calendar does not negotiate, and neither does the clerk.

Sources: State statutes: see each table row. Cornell LII, “18 U.S.C. § 922”; GovInfo, “Public Law 117-159”; FBI, “About NICS”; FBI, “NICS Firearm Checks: Top 10 Highest Days/Weeks”; Florida Senate, “Florida Constitution”; New Mexico Department of Public Safety, “7-Day Waiting Period”; U.S. District Court for New Mexico, “Ortega v. Grisham order”; First Circuit, “Beckwith v. Frey”; U.S. Supreme Court, “Docket No. 26-258”; Maui Police Department, “Permit to Acquire”.

James Nicholas

NFA Firearms Manufacturer · Professional Gunsmith for over 20 years · Firearms Writer, Photographer and Firearms Expert. The XDMAN has a talent for taking complex firearms subject matter and breaking it down into an easy-to-understand format that all experience levels can relate to.

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