Background Checks For The Purchase of a Handgun
 

Gun buyers are required to submit to a background check through the National Instant Criminal Background Check System (NICS).

A prospective buyer fills out ATF Form 4473 and the federally licensed firearms dealers relays this information to the NICS. NICS staff perform a background check to verify the prospective buyer does not have a criminal record and is not otherwise ineligible to purchase a firearm. The NICS has conducted more than 300 million checks since launching in 1998, leading to over 3 million denials.
 

The following groups are currently prohibited from owning guns:

• Convicted felons
• People under federal domestic restraining orders
• People convicted of misdemeanor domestic violence crimes against victims they have been married to, lived with, or had a child with
• People committed to a mental-health facility, or a court ruled were mentally unfit
• Fugitives
• People convicted of drug crimes or determined to by a court to be addicted to an illegal controlled substance

Thirty states, Five US territories, and  Washington, DC rely on the FBI for background checks via the NICS. Seven states handle some background checks with the FBI in charge of specific types of transactions. The remaining 13 states, known as “point of contact,” states, rely on state law enforcement agencies for background checks.
 

Waiting Periods For The Purchase Of A Handgun
 

The waiting period law requires a certain number of days to elapse between the purchase of a firearm and when the buyer can take possession of that gun. By delaying immediate access to firearms, waiting periods can create an important “cooling off” period that may help prevent impulsive acts of gun violence, including gun homicides and suicides.

• Suicide attempts are often impulsive, singular episodes that involve little planning. Many studies suggest that most suicide survivors contemplated their actions for only a brief period—often less than 24 hours—before making a suicide attempt.
• Similarly, studies suggest that some of the factors that incite violence against others, such as anger and rage, can be short-lived.

Waiting periods are a popular policy supported by most Americans.

• A 2019 study found that Americans routinely underestimate public support for gun safety measures including waiting periods: 85% of non-gun owners and 72% of gun owners support mandatory waiting periods for firearm purchases.

Summary of Federal Law

There is no federal waiting period. Under the National Instant Criminal Background Check System (NICS), a dealer may transfer a firearm to a prospective purchaser as soon as he or she passes a background check. Generally, if the FBI is unable to complete a background check within three business days, the dealer may complete the transfer by default. However, if a person under age 21 tries to buy a long gun and NICS identifies a potentially disqualifying juvenile record for the person within this initial three business days, NICS has ten business days from when the FFL first contacted the system for a background to determine whether the person is disqualified from possessing a gun, after which time the dealer may complete the transfer by default.

Federal law doesn’t require private sellers to perform background checks on gun purchasers. Accordingly, persons purchasing firearms from private sellers may take immediate possession of their weapons, unless state or local law provides otherwise.

Summary of State Law

Thirteen states and the District of Columbia have waiting periods that apply to the purchase of handguns. See our summary on Background Check Procedures for state laws that prohibit gun sales or transfers until a background check is completed.

It’s also important to note that some other states require gun purchasers to obtain a license or permit prior to the purchase. Because these licensing laws also generally prevent people from immediately gaining ownership of deadly weapons, they also include implicit waiting periods in many cases. 

States That Impose A Waiting Period for The Purchase Of A Handgun

• California – 10 days
• Colorado – 3 days (Effective October 1, 2023)
• District of Columbia – 10 days
• Florida – 3 days or the time it takes to complete required background checks, whichever occurs later
• Hawaii – 14 days
• Illinois – 72 hours
• Maine – 72 hours
• New Mexico – 7 days
• Rhode Island – 7 days
• Vermont – 72 hours
• Washington – 10 business days

Additional Requirements and Conditions

California, Rhode Island, Washington, and the District of Columbia impose a statutory waiting period on all firearm purchases. Subject to limited exceptions, California and the District of Columbia require a 10-day waiting period for all firearm purchases. Rhode Island imposes a 7-day waiting period for all purchases of firearms unless the purchaser is a law enforcement officer. Vermont has a 72-hour waiting period for purchases from dealers that do not occur at gun shows. However, in both Rhode Island and Vermont, the seller must deliver the firearm to the purchaser if, within seven days, they do not receive background check information disqualifying the potential buyer from purchasing the firearm. New Mexico imposes a 7-day waiting period for purchases of a firearm, unless the buyer holds a New Mexico concealed handgun license.

In Hawaii, all firearm purchases require issuance of a permit, and no permit may be issued earlier than 14 calendar days after the date of the application. This does not include sales to state or federally licensed dealers, law enforcement officers, persons with a license to carry a handgun, or where a firearm is brought into the state and registered in accordance with the state’s registration statute. All permits must be issued, or the application denied before the 20th day from the date of application.

In Illinois, it is unlawful for anyone to deliver a firearm prior to the expiration of the statutory waiting periods, which are currently set at 72 hours for handguns. Maine has a mandatory 72-hour waiting period for all gun purchases for which a background check is required, which includes sales from licensed dealers, advertised private sales, and sales at gun shows.

Florida and Colorado have a mandatory waiting period between the purchase and delivery of any firearm sold by a licensed firearm dealer. The mandatory waiting period is either 3 days, excluding weekends and holidays, or the time it takes to complete the required criminal background check—whichever occurs later.

It should be mentioned that during the Covid Shutdown and period afterwards, the background check system was so overwhelmed that it resulted in waiting periods far exceeding the timeframe allowed by each state and by default, waiting periods resulting in states that do not mandate them by law.

My Personal Opinion

Being someone that believes in the second amendment I do have my own opinion on the Purchase Of A Handgun. I own many weapons and enjoy the sport of shooting. I belong to a private indoor shooting range and take safety and advanced courses that are offered to keep current with the safety and use of my guns.

Over the years I have purchased guns online and in person. Bass Pro, Sportsman Warehouse and many online gun dealers. All weapons were transferred through a Licensed Federal Gun Dealer.

My first pistol was purchased at a dealer here in Las Vegas in 2015/2016. I expected the background check and I thought there was a 3-day waiting period. I soon found out that I was able to leave with the pistol once the background check came through clean. I since completed the necessary classroom and range training and obtained my Concealed Carry
Permit. Once you have this permit you do not have to go through another background check BUT do have to fill out the ATF Form 4473 for each firearm purchase. The Concealed Carry Permit must be renewed every 5 years by attending a classroom and range training/qualifying course. A new application and permit fee is required each time.

I personally do not have an issue with this law.

I do get a little concerned when I see young men waiting in line to look at pistols in the various gun stores. I was 60 years old before I purchased my first handgun. I think with the immaturity of some of our youth there should be additional requirements for a youth 18 to 21 years old to be able to purchase any firearm, especially a handgun.

In addition to a background check, maybe a mandatory training class consisting of safety, specific use and Federal and State Laws regarding firearm ownership. Everyone wants the use of firearms to be safe and no law-abiding citizen wants to shoot, let alone kill, another human being.

That being said… our law-abiding citizens do want to be victims either.

My Opinion:  I support a standard background check system along with a 3-day waiting period for those first-time handgun buyers. Individual states and/or municipalities can decide to make that waiting period longer if they deem it necessary for their population.