Waiting Periods in California (2024)

California law generally restricts a licensed firearms dealer from transferring or delivering a firearm to a person within ten days of:

• The application to purchase the firearm;
• The submission of any correction to the application, after notice from the California Department of Justice (“DOJ”) that an application is inaccurate or incomplete such that DOJ cannot identify the purchaser or the firearm to be transferred; or
• The submission of any fee required, after notice from DOJ that the required fee has not been transmitted.¹

In other words, if a dealer submits to DOJ any application correction or required fee at the request of DOJ, that dealer is prohibited from delivering the firearm to the purchaser until ten days after submission of the correction or fee.²

DOJ also has the authority to temporarily delay a firearm transaction, for up to 30 days from the date of the initial transaction, when unable to determine the purchaser’s eligibility to own or possess firearms within the typical 10-day waiting period.³ If this occurs, the dealer must provide the purchaser with information about the manner in which he or she may contact DOJ regarding the delay.⁴ DOJ must also notify the purchaser by mail regarding the delay and explain the process by which the purchaser may obtain a copy of the criminal or mental health record the department has on file for the purchaser. Upon receipt of that criminal or mental health record, the purchaser must report any inaccuracies or incompleteness to DOJ on an approved form.⁵ If DOJ makes a determination about the purchaser’s eligibility within 30 days, it must either immediately notify the dealer that the transaction may proceed, or immediately notify both the dealer and local law enforcement that the person is prohibited from purchasing or possessing a firearm.⁶ However, if 30 days have passed since the transaction date and DOJ is still unable to determine the purchaser’s eligibility to own or possess firearms, DOJ must immediately notify the dealer, and the dealer may then release the firearm to the purchaser, at the dealer’s discretion.⁷ Under federal law, in contrast, a dealer is permitted to transfer a firearm if a background check has not been completed within three business days.⁸

These waiting period provisions do not apply to:

• Transfers to licensed firearms importers or manufacturers;⁹
• Certain transfers between dealers;¹⁰ or
• Transfers involving curios or relics as defined under federal law.¹¹

California passed a new law in 2022 to ensure that prospective gun buyers do not face exorbitant costs or fees if they choose to cancel their firearm purchase during the 10-day waiting period.¹² This law caps the fees gun dealers can charge for the cancelled firearm at 5% of the purchase price of the firearm, although this fee cap does not apply if the buyer requested a “special order firearm”.¹³

For more information on firearm sales in California, see our sections on Background Check Procedures in California and Maintaining Records of Gun Sales in California.

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1. Cal. Penal Code §§ 26815, 27540, 28220(e).[↩]
2. Id.[↩]
3. Cal Penal Code § 28220(f)(1)(A).[↩]
4. Cal Penal Code § 28220(f)(1)(B).[↩]
5. Cal Penal Code § 28220(f)(2).[↩]
6. Cal Penal Code § 28220(f)(3). If the firearm is transferred by the dealer, the dealer must record on the register or record of electronic transfer the date that the firearm is transferred, the dealer must sign the register or record of electronic transfer indicating delivery of the firearm to that purchaser, and the purchaser must sign the register or record of electronic transfer acknowledging the receipt of the firearm on the date that the firearm is delivered to him or her. Id.[↩]
7. Cal Penal Code § 28220(f)(4). If the firearm is transferred by the dealer, the dealer must record on the register or record of electronic transfer the date that the firearm is transferred, the dealer must sign the register or record of electronic transfer indicating delivery of the firearm to that purchaser, and the purchaser must sign the register or record of electronic transfer acknowledging the receipt of the firearm on the date that the firearm is delivered to him or her. Id.[↩]
8. 18 U.S.C. § 922(t)(1)(B)(ii).[↩]
9. Cal. Penal Code § 27700.[↩]
10. Cal. Penal Code §§ 26960, 27660.[↩]
11. Cal. Penal Code §§ 26970, 27670. For all other exceptions see Cal. Penal Code §§ 26950-26970, 27650-27670. See Cal. Penal Code §§ 28160, 28165 for specific information that must be contained in the sales register or record of electronic or telephonic transfer to DOJ.[↩]
12. See 2022 CA AB 1842; Cal. Penal Code § 26883.[↩]
13. Id.[↩]