72-Hour Waiting Period for Firearm Purchases

Illinois generally imposes a mandatory 72-hour waiting period on firearm purchases, subject to statutory exceptions. For a sale subject to the waiting period, a firearm may not be delivered until at least 72 hours after the buyer and seller reach an agreement to purchase it. This "cooling off" period applies to handguns, rifles, and shotguns alike. The only firearm-type distinction is an exemption for rifles, shotguns, and other long guns sold by federally licensed dealers to registered competitors or attendees at sanctioned competitive shooting events held at the World Shooting Complex.^[2]

How the Waiting Period Works

The 72-hour clock begins when the buyer and seller reach an agreement to purchase the firearm. The same rule applies to dealer sales, because the statute defines "application" as when the buyer and seller reach an agreement to purchase a firearm. For private transfers processed through a dealer, the clock also starts when the buyer and seller reach an agreement to purchase the firearm. For a sale subject to the waiting period, the dealer may not release the firearm until at least 72 hours after the purchase agreement, even if the background check returns an approval in minutes.^[2]

The waiting period is measured in hours, not business days. A purchase agreement reached at 10:00 AM on a Monday means the firearm may be delivered no earlier than 10:00 AM on Thursday. Weekends and holidays are included in the 72-hour calculation.

Legislative History

Before 2019, the state imposed a 72-hour waiting period for firearms of a size which may be concealed upon the person but only a 24-hour waiting period for rifles, shotguns, and other long guns. Senate Bill 3256, signed into law in 2018 and effective January 1, 2019, eliminated this distinction by extending the 72-hour waiting period to all firearm types.^[2]

No Exceptions for Existing Owners

Illinois applies the 72-hour period to purchases that are not statutorily exempt, and the statutory exemptions do not include holding a concealed carry license or owning other firearms. For a non-exempt purchase, a person buying their twentieth firearm waits the same 72 hours as a first-time buyer. Holding a valid Concealed Carry License does not by itself exempt a buyer from the 72-hour wait for delivery of a newly purchased firearm.^[1]

Interaction with the FTIP Background Check

For dealer sales subject to the waiting period, the waiting period and the background check are separate requirements that must both be satisfied before a firearm can be delivered. For a sale subject to the waiting period, the buyer must wait at least 72 hours after the purchase agreement even if the ISP approves the FTIP background check within minutes. Conversely, if the background check takes longer than 72 hours due to a delay, the buyer must wait until the ISP issues an approval. There is no fallback that allows the dealer to proceed without ISP approval after any elapsed period. Illinois is a point-of-contact state under 430 ILCS 65/3.1, and the dealer must receive an explicit approval number from the ISP before releasing the firearm. For a dealer sale subject to the waiting period, both the elapsed waiting period and the approved background check are required before the dealer may release the firearm.^[2]

Penalties

A person who knowingly delivers a firearm, incidental to a sale, before the 72-hour waiting period has elapsed commits a Class 4 felony under 720 ILCS 5/24-3(A)(g). A Class 4 felony carries a prison term of not less than one year and not more than 3 years and a fine of up to $25,000 for an individual. The ISP may also take administrative action against a dealer's license. The penalty applies to the person making the delivery, not the buyer, because paragraph (g) makes it an offense to deliver a firearm without withholding delivery for at least 72 hours.^[3]

Pending Litigation

The waiting period is now the subject of a federal constitutional challenge. On July 7, 2026, individual buyers, firearm dealers, the National Rifle Association and the Illinois State Rifle Association filed Pearlstein v. Raoul in the United States District Court for the Northern District of Illinois, arguing that the 72-hour waiting period in 720 ILCS 5/24-3(A)(g) violates the Second Amendment under the Supreme Court's Bruen framework. As of October 15, 2026, the defendants' response to the complaint was due October 27, 2026, and the court had issued no ruling on the claims. The waiting period remains in effect while the litigation proceeds.^[4]

See also: Buying a Rifle or Shotgun in Illinois

See also: First-Time Gun Buyer Guide for Illinois

See also: Buying a Handgun in Illinois: Step-by-Step