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 The Debate

Waiting Periods
for Handgun Purchases

A waiting period is a mandatory "cooling off" period imposed between the time a person purchases a gun and is permitted to take possession of the weapon.

At its inception, the Brady Law required a 5-day waiting period to purchase a handgun. However, in 1998, the 5-day period was replaced with an instant background check.

More than ninety percent of all Brady background checks are performed instantly. In the remaining cases—where the instant check reveals a potential problem that may prohibit the purchaser from owning a gun—the gun purchase may be delayed no more than three days while records are reviewed.

While there is no longer a national waiting period to purchase handguns, some states have chosen to impose their own waiting period. The waiting period is also referred to as a "cooling-off period" because the time lag required before receiving the gun could serve to reduce the impulsive violent use of firearms. Currently, seventeen states impose a waiting period during the purchase of a firearm. These waiting periods are generally 1 to 7 days.


 Proponents Say
  • Waiting periods can help reduce firearm violence by hindering a person who, enraged or distraught to the point that he or she cannot make rational decisions, wants to purchase a firearm to exact revenge on someone or commit suicide. A waiting period will allow time for this person to calm down and possibly react to the situation confronting them in a non-violent manner.
     
  • In some cases, background checks cannot be performed within three days—the maximum amount of time for a check allowed under current law. Mental records are often not computerized, for example. Therefore, it is possible that someone with a mental health history may legally purchase a firearm without those records being completely reviewed.

 Critics Say
  • There is no evidence that laws delaying handgun purchases have any effect on crime or firearm suicide.
     
  • A waiting period is a hindrance to lawful firearm purchasers.

 What the Public Thinks
  • Eighty-one percent of Americans want both a background check and a five-day waiting period before the purchase of a handgun.

    SOURCE: SMITH, 2000
     

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 New Report
What is the "Gun Show Loophole" and why is it important? Read the new AGS report.

 Gun Laws
Do the Gun Laws in your state protect your rights and your safety? Print out our quick reference page, or send it to your friends via email. Help spread the word about gun safety in your community.

 Safety Gear
You should always wear equipment to protect your eyes and ears when firearms are discharged, whether you are shooting or simply observing.



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