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. 18 U.S.C. § 922(t)(1). If the FBI is unable to complete a background check within three business days, the dealer may complete the transfer by default. Id. See the section on Background Checks and Prohibited Purchasers for more information on default proceeds.
Federal law does not 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. Detailed information about private sales is contained in the section on Private Sales.
Click here to view additional information about waiting periods, including background information and state and local laws on the topic.
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