In the US, buying a firearm can be a complex process with various rules depending on the state and type of firearm purchased. Some variables, including waiting periods, license requirements, and background checks, can affect how long it takes to acquire a gun, ranging from a few minutes to several days.
The laws and policies governing the purchase of firearms in the United States will be thoroughly examined in this article, including state and federal laws, the background check procedure, and states that impose waiting periods for all firearm purchases.
How Long Does it Take to Buy a Gun?
The time it takes to buy a gun depends on the state and type of firearm involved. Waiting periods, mandated by state and federal laws, can vary from a few minutes to days. The length is decided by the regulations the dealer and the buyer must follow before the gun is transferred to the buyer.
State law summary
Many Americans are concerned about firearms ownership, and the laws governing their purchase differ from state to state. Waiting periods for purchasing firearms range from three to fourteen days in nine states and the District of Columbia. This waiting period is intended to allow time for mandatory background checks to be completed, ensuring that only those who are legally permitted to possess firearms can purchase them.
In addition to waiting times, some states mandate that people obtain a permit or license before they are allowed to purchase a firearm. These licensing laws provide an extra layer of protection and frequently include implicit waiting periods. These states can prevent individuals who are not legally permitted to possess firearms from obtaining them.
It’s important to note that these waiting periods and licensing requirements only apply to specific types of firearms. Some states, for example, may have stricter regulations for firearms deemed more dangerous, such as assault rifles. The goal of these regulations is to promote citizen safety and prevent individuals who may pose a threat to themselves or others from gaining immediate access to firearms.
Despite these regulations’ efforts, debates over firearm ownership remain a hot topic in American politics. While some consider these waiting periods and licensing requirements necessary for a safer society, others believe they violate their constitutional rights. Whatever one’s position on the issue, it’s critical to understand the laws governing the purchase of firearms in your state.
Federal law summary
There is no need to wait for federal government approval when purchasing firearms in the United States. The National Instant Criminal Background Check System (NICS) governs this process, which conducts background checks on prospective buyers.
If the FBI cannot complete the background check within three business days, the dealer can still transfer the firearm to the buyer. However, buyers under the age of 21 face additional scrutiny. If NICS detects a potential problem during the first three days, the FBI has an additional ten business days to determine whether the buyer is eligible to own a gun.
While licensed dealers are required to follow the NICS guidelines, private sellers are not required to do so by federal law. This means buyers can obtain firearms from private sellers without waiting for approval.
Some states and municipalities may have gun-ownership laws. However, there is no federal waiting period for buyers to take possession of firearms as long as these regulations are followed.
Background check
Background checks are essential to firearms purchasing because they ensure that guns are only sold to qualified individuals. The FBI’s National Instant Criminal Background Check System (NICS) is used to conduct the background check process.
The background check is used to confirm the identity of the person purchasing the firearm and to determine whether they are prohibited from owning a gun. A felony conviction, a history of domestic violence, or specific mental health conditions are not permitted factors.
The NICS process is quick and straightforward, usually taking only a few minutes. However, the background check may take longer in some cases. This can happen if the information provided is incomplete or incorrect or if the individual has a criminal history that needs to be looked into further.
If the background check yields a “proceed,” the individual can complete the transaction and obtain the firearm. If the background check yields a “deny,” the individual will be unable to complete the transaction and will be unable to take possession of the firearm.
It is important to note that background checks are only required for firearms purchased from a licensed dealer, not for private or gun show sales. This is referred to as the “gun show loophole.” All firearms sales, including private sales and sales at gun shows, must be subject to a background check in states with universal background check laws.
States imposing waiting times for all firearm purchases
State and federal laws in the United States regulate the waiting period for purchasing firearms, which varies from state to state. While some states require a waiting period before buying any guns, others only require a waiting period for certain firearms or none. The waiting periods for weapons in California, the District of Columbia, Hawaii, Illinois, Rhode Island, and Florida will all be covered in this article.
There is a ten-day waiting period for all firearm purchases in California and the District of Columbia, with a few exceptions. It means that after submitting the required paperwork and passing the required background check, a person must wait ten days before taking possession of the firearm. In Rhode Island, unless the buyer is a member of law enforcement, the waiting period is seven days. In this case, if the seller does not receive any disqualifying information from the background check within seven days, they have to deliver the firearm to the buyer.
All firearms purchases in Hawaii must be made with a permit, which can only be obtained 14 days after the application is submitted. There are some exceptions to this rule, including those that apply to dealers who hold a state or federal license, law enforcement officials, or people who are legally permitted to carry a handgun. Within 20 days of the application date, all permits must be issued, or the request must be rejected.
Both handguns and long guns must wait 72 hours before being delivered in Illinois, during which time it is against the law to do so. In Florida, there is a required waiting period that lasts either three days, excluding weekends and holidays, or until the mandatory criminal background check is finished, whichever comes first. This waiting period has a few exceptions, including those with hunting licenses, law enforcement officials, and service members.
According to studies, waiting period laws can substantially lower gun homicides. According to research, waiting periods of a few days can cut gun homicides by about 17%. It emphasizes the significance of these waiting periods and their contribution to lowering gun violence in public places.
It’s important to understand that while waiting periods might contribute to a decrease in gun violence, they cannot be relied upon. Complex laws and rules govern firearms, and there is an ongoing discussion about the best ways to lower gun violence. However, waiting periods are one measure implemented in several states to help keep communities safer because it is effective.
Handguns
The purchase of handguns is subject to waiting periods in New Jersey and Maryland. An application to purchase a firearm in Maryland has to be submitted to the Secretary of the Maryland State Police seven days after it is finished. In New Jersey, a valid permit must be obtained before buying a handgun, and seven days must have passed since the permit application date. Due to this requirement, all handgun sales in New Jersey are effectively subject to a seven-day waiting period. It also prevents retail gun dealers from delivering a handgun without a current permit.
Conclusion
Different laws are in place to promote citizen safety and prevent people who might threaten themselves or others from gaining immediate access to firearms.
The time it takes to buy a gun in the United States depends on the state and type of firearm involved. Even though these laws are a contentious topic in American politics, knowing your state’s laws is essential to a successful and legal firearm purchase.
The FBI’s National Instant Criminal Background Check System’s background check procedure is integral to buying a firearm and helps guarantee that only qualified people are sold firearms. To ensure a safe and responsible firearm purchase, regardless of whether you are an experienced gun owner or a first-time buyer, it’s critical to stay informed and aware of the laws in your state.