72 Hour Waiting Period

Explanation of the issue

As explained by Giffords Law Center to Prevent Gun Violence, by delaying immediate access to firearms, waiting periods create an important “cooling off” period that can help prevent impulsive acts of gun violence, including gun homicides and suicides. The immediate purchase and acquisition of a gun allows people to act on temporary emotions and impulses, which can increase the risk of both gun suicide and gun homicide.

• 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 of time—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 can also give law enforcement agencies additional time to complete background checks that sometimes cannot be completed within the three-day window provided by the federal law.

There is no federal waiting period. Under the National Instant Criminal Background Check System (NICS), a licensed 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, there is no background check for firearms sold by private sellers and this no waiting period. Thirteen states and the District of Columbia have waiting periods that apply to the purchase of at least some types of firearms.