State Gun Laws: Waiting Periods, Permits & Purchase Requirements

Federal law establishes the baseline for firearm purchases, but your state may have additional requirements that affect your online gun purchase or FFL transfer.

Before buying, you need to know your state's waiting periods, permit requirements, and any restrictions on what you can purchase.

State Waiting Periods

Some states impose mandatory waiting periods between purchase/background check approval and when you can take possession. Even if NICS approves you instantly, you must wait.

States with Waiting Periods

Not currently enforced: New Mexico enacted a 7-day waiting period in 2024, but federal courts blocked it in 2025 and ruled against it in August 2026; the state has said it will appeal.

States without waiting periods: Most states allow you to take possession immediately after passing your background check.

How Waiting Periods Work

Your FFL cannot legally transfer the firearm until the waiting period expires, regardless of background check results. The clock typically starts when:

• You complete Form 4473 (most states), or
• The background check is initiated, or
• The purchase is made (varies by state)

Your FFL will tell you exactly when you can return to pick up your firearm.

Permit-to-Purchase States

Some states require you to obtain a permit before you can purchase or receive certain firearms.

States Requiring Permits

Recently repealed: North Carolina ended its sheriff-issued pistol purchase permit requirement on March 29, 2023, when the General Assembly enacted Senate Bill 41 over the governor's veto. Handgun buyers there now complete the standard dealer background check instead of applying to the sheriff.

Not yet in effect: Oregon voters approved Measure 114 (a permit to purchase and a 10-round magazine limit) in 2022, but it has never taken effect; the legislature moved its start date to 2028 while the Oregon Supreme Court reviews it. Washington's permit-to-purchase law (HB 1163) is scheduled to start May 1, 2027.

If your state requires a permit: You must have it before attempting your FFL transfer. The FFL will verify your permit before completing the transfer.

Obtaining Your Permit

Permit processes vary by state but typically include:

1. Application to local law enforcement or state agency
2. Background check
3. Fingerprinting (some states)
4. Training course (some states)
5. Waiting period for processing (days to months)
6. Fees ($20-$200+)

Plan ahead—some states take months to issue permits. Don't buy a gun online until you have your permit in hand.

State Background Check Systems

Beyond federal NICS, some states run their own background checks:

Point-of-Contact States

These states handle their own background checks (may also access NICS):

• California
• Colorado
• Connecticut
• Florida
• Hawaii
• Illinois
• Nevada
• New Jersey
• New York
• Oregon
• Pennsylvania
• Tennessee
• Utah
• Virginia
• Washington

In these states, your FFL contacts the state system instead of (or in addition to) calling NICS directly.

Maryland, Nebraska, New Hampshire and Wisconsin are partial point-of-contact states: the state runs handgun checks and the dealer calls NICS for long guns.

What This Means for You

State checks may:

• Take longer than federal NICS
• Search additional state databases
• Have different denial criteria
• Require additional fees

Your FFL handles all of this—you don't need to do anything differently.

Magazine Capacity Restrictions

Several states limit magazine capacity:

In the courts: The Third Circuit ruled in July 2026 that New Jersey's 10-round limit is unconstitutional, but the decision is on hold and the limit is still enforced while the state asks the Supreme Court to review it. Virginia's new 15-round limit (part of its 2026 assault firearms law) was blocked by state courts before it took effect on July 1, 2026. Oregon's voter-approved 10-round limit has never taken effect.

If you're buying online: Ensure any included magazines comply with your state's limits. Many online retailers won't ship non-compliant magazines to restricted states. Your FFL won't transfer firearms with illegal magazines.

Assault Weapon Restrictions

Some states restrict or ban certain semi-automatic firearms:

States with Assault Weapon Laws

• California — Banned features list, requires registration
• Connecticut — Banned list, some grandfathered
• Delaware — Sale and new possession banned since 2022; existing owners grandfathered
• Hawaii — Assault pistols banned
• Illinois — Protect Illinois Communities Act (2023) bans sale and new possession; guns registered before 2024 grandfathered; upheld by the Seventh Circuit in July 2026
• Maryland — Banned list with specific models
• Massachusetts — Banned features, AG enforcement list
• New Jersey — Banned features list (struck down by the Third Circuit in July 2026 but still enforced pending Supreme Court review)
• New York — SAFE Act restrictions, banned features
• Rhode Island — Sale, purchase and manufacture banned from July 1, 2026; possession still legal
• Washington — Sale, manufacture and import banned since April 2023; possession still legal
• Virginia — 2026 sales ban blocked by state court injunctions before it took effect

The U.S. Supreme Court agreed in June 2026 to hear challenges to the Cook County (Illinois) and Connecticut bans, with a decision expected by mid-2027, so this list may change.

If you're in a restricted state, research specific models before purchasing. Your FFL can advise whether a particular firearm is legal in your state.

Handgun vs. Long Gun Regulations

Many states have different rules for handguns and long guns:

Common Handgun-Specific Rules

• Lower age requirement for long guns (18) vs. handguns (21 federally)
• Additional waiting periods for handguns
• Permit requirements for handguns only
• Registration requirements for handguns
• More restrictive transfer rules

Interstate Considerations

Federal law treats handguns and long guns differently for interstate transfers:

• Long guns: Can be transferred in any state where the sale is legal
• Handguns: Must be transferred in your state of residence

If you're buying a handgun online, the FFL must be in the state where you legally reside.

Registration Requirements

Most states don't require firearm registration, but a few do:

In registration states, your FFL handles the registration paperwork during your transfer.

Age Requirements

Federal minimums:

• Handguns: 21 years old
• Long guns: 18 years old

Some states raise the age for some or all long guns too:

FFLs will verify your age before completing any transfer.

Concealed Carry Permit Benefits

In some states, having a concealed carry permit (CCW/CHP/LTC) provides benefits for purchases:

• Skip permit-to-purchase requirements — Some states exempt CCW holders
• Bypass waiting periods — Limited states allow this
• NICS alternative — Some state permits qualify as background check alternatives
• Streamlined transfers — Fewer steps at the FFL

Check whether your state CCW provides any purchase benefits.

How to Check Your State's Laws

Laws change. Always verify current requirements before purchasing:

1. Your state's attorney general website — Official source for state gun laws
2. State police/law enforcement websites — Often have firearms FAQ sections
3. Your FFL — Local dealers know local laws
4. NRA-ILA state law pages — Comprehensive summaries (verify with official sources)

When in doubt, ask your FFL. They're responsible for knowing local law and won't complete transfers that violate state requirements.

Frequently Asked Questions

Do all states require a waiting period?

No. Most states allow you to take possession immediately after passing your background check. Only about a dozen states plus Washington D.C. have mandatory waiting periods.

Can I buy a gun online if my state requires a permit?

Yes, but you must have the permit before completing your FFL transfer. The firearm can ship to your FFL, but they won't transfer it to you without verifying your permit.

What happens if I buy a gun that's illegal in my state?

Your FFL will refuse the transfer. You'll need to have the firearm returned to the seller (at your expense) or transferred to an FFL in a state where it's legal.

Do state laws apply to online purchases from other states?

Yes. When the firearm transfers to you through a local FFL, your state's laws apply fully. Where the online retailer is located doesn't matter.

Can I move to a new state with my guns?

Generally yes, but you must comply with your new state's laws. Some firearms legal in your old state may be restricted in your new state. Research before moving.