Does Florida Still Have a 3-Day Gun Waiting Period? (Yes, Here's Why)

By Sunlit Carry · Oct 30, 2026 · Updated Nov 1, 2026 · 6 min read

Updated November 2026. Added a timeline, exemptions detail and a waiting-periods-by-state overview. Not legal advice. This article is general information as of November 1, 2026. Laws and court cases change. For your situation, read the statute yourself or talk to a Florida attorney.

Short answer: yes. As of today, Florida still requires a waiting period between buying a firearm from a dealer and taking it home. You may have seen headlines saying the state agreed the wait is unconstitutional. That's true, but the court has not approved that agreement, so the law is still enforced.

Below: exactly how Florida's 3-day wait works, who skips it, how it plays out for online purchases, and how Florida compares with the federal rule and other states that have their own waiting periods.

What the law says

Florida's waiting period comes from two places:

• The Florida Constitution, Article I, Section 8(b) (adopted 1990) requires three days, excluding weekends and legal holidays, between the retail purchase and delivery of any handgun. Concealed weapon license holders and handgun trade-ins are exempt.
• Section 790.0655, Florida Statutes, applies the waiting period to all firearms (the Legislature expanded it to long guns in 2018). The wait is 3 days, excluding weekends and legal holidays, or until the required background checks are complete, whichever is later.

The statute says the wait does not apply to:

• Holders of a Florida concealed weapons or concealed firearms license. The statute also counts certain law enforcement and correctional officers and servicemembers (as defined in Florida law) as license holders for this purpose.
• A trade-in of another firearm.
• A rifle or shotgun bought by someone who has completed a 16-hour hunter safety course and holds a Florida hunter safety certification card, or who is exempt from that course and holds a valid Florida hunting license.

A dealer who hands over a firearm early, or a buyer who gets one early through fraud, commits a third-degree felony. Separately, Article VIII, Section 5(b) of the constitution lets counties require a 3-to-5-day wait for some sales on property open to the public. That's a local option, so check your county's rules.

How the 3-day count actually works

The clock covers three days, and Saturdays, Sundays and legal holidays don't count. The wait also can't end before the background check is finished, so it lasts 3 days or until the check clears, whichever is later. A few typical examples for a buyer with no exemption:

A legal holiday inside the window pushes pickup back another day, and a delayed background check can push it back further. Ask your dealer how they count the days. Practices can differ on when day one starts.

Handguns vs. rifles and shotguns

Before 2018, the wait in the Florida Constitution applied only to handguns. After the 2018 law change, §790.0655 applies the same 3-day wait to rifles and shotguns too. The hunter safety exemption is the main difference: it covers long guns only. A hunter safety card won't get you a handgun any sooner.

Buying online and picking up at a dealer

When you buy a gun online, it ships to a licensed dealer and you finish the sale there with a Form 4473 and a background check. In Florida, the waiting period still applies to that pickup unless you're exempt. Our guide on how FFL transfers work covers each step, including what to bring and what slows things down. For age rules, ID and the FDLE check, see buying a gun in Florida.

Trading in a gun skips the wait under Florida law. That's one reason trade-ins are popular, and why it helps to know how police trade-in guns are graded if you're shopping used. NFA items such as suppressors and short-barreled rifles have their own federal process. See what changed on Oct. 9, 2026.

Why the wait didn't end in October

In Dunn v. Glass (M.D. Fla., No. 8:25-cv-02264), an NRA-backed lawsuit, Florida's Attorney General, the FDLE Commissioner and all 20 state attorneys offered a judgment in June 2026 saying the waiting period violates the Second Amendment. The proposed judgment would have stopped the state from enforcing the wait beyond the time needed to finish a background check.

On October 28, 2026, U.S. District Judge Steven D. Merryday declined to enter that judgment. He did not rule that the waiting period is constitutional. He said a ruling that strikes down parts of Florida's constitution and statutes needs full adversarial briefing, and he pointed to other appeals courts that have split on waiting periods.

He invited the Brady Center, Giffords Law Center, Florida's Governor, House and Senate to weigh in. The schedule:

• Nov 30, 2026: invited participants say whether they'll take part
• Feb 1, 2027: their briefs are due
• Feb 19, 2027: the plaintiffs' and defendants' briefs are due

A decision could come after that, and there could be an appeal. Nobody can promise when, or whether, the wait will end.

Waiting periods by state: a national overview

There is no general federal waiting period. Under federal law (18 U.S.C. §922(t)), a dealer has to run a background check. If the check hasn't come back within 3 business days, the dealer may transfer the gun, unless state law says otherwise. Buyers under 21 can face a longer federal review period. Waiting periods come from state law, and most states don't have one.

Here are some states with their own wait, each checked against the state's official code or agency. This list isn't complete, and some of these laws are being challenged in court.

Several other states have waiting periods, permit-to-purchase rules or both, and the details change often. Before you buy, check your state's official statute or state police website, and ask your dealer. If you buy in one state and pick up in another, the pickup state's rules apply at the counter.

Related reading: The ARHK Prototype Leak: Trust, FRT Patents, and What Florida Shooters Should Know, another case where federal and Florida gun law don't line up.

For permits, age limits and check routes alongside waiting periods, see our full state-by-state guide.

Frequently asked questions

Is Florida's gun waiting period still in effect?

Yes. A federal judge declined to approve the agreed judgment on October 28, 2026, so the 3-day waiting period is still enforced.

Does the waiting period apply to rifles and shotguns?

Yes, under §790.0655 since 2018, unless an exemption such as the hunter safety exemption applies.

How long is the waiting period to buy a gun?

It depends on the state. There's no general federal waiting period. In Florida it's 3 days, excluding weekends and legal holidays, or until the background check is done. Other states range from 72 hours (Maine, Vermont) to 10 days (California, D.C.), and many states have none.

Do trade-ins skip the Florida waiting period?

Yes. Under §790.0655, the waiting period doesn't apply when you trade in another firearm.

Do weekends count toward the 3 days?

No. Weekends and legal holidays are excluded. If the background check takes longer, the wait lasts until the check is complete.

Does a concealed weapons license skip the wait?

Yes. Holders of a valid Florida concealed weapons or concealed firearms license are exempt under both the constitution and the statute.

When will the waiting period end?

Nobody knows. Briefing in Dunn v. Glass runs into February 2027, and the court hasn't set a decision date.

Sources

• Florida Statutes §790.0655 (Online Sunshine)
• Florida Constitution, Art. I §8 and Art. VIII §5 (Online Sunshine)
• Florida Judge Refuses to End Gun Waiting Period (AmmoLand, Oct 29, 2026)
• 18 U.S.C. §922(t), federal background check timing (Cornell LII)
• California DOJ, Firearms FAQs (10-day waiting period)
• D.C. Code §22-4508
• RCW 9.41.092 (Washington Legislature)
• Maryland Public Safety §5-123
• R.I. Gen. Laws §11-47-35
• 25 M.R.S. §2016 (Maine Legislature)
• 13 V.S.A. §4019a (Vermont Legislature)
• Dunn v. Glass, No. 8:25-cv-02264-SDM-AEP (M.D. Fla.), order of Oct 28, 2026