Florida Agrees Its Gun Waiting Period Is Unconstitutional. Judge Says Wait.
The NRA and the State of Florida agree that the state's three-day waiting period on firearm sales from licensed dealers violates the Second Amendment. U.S. District Judge Steven Merryday, sitting in the Middle District of Florida, declined to enter the joint judgment both sides requested. Instead, he opened the case to outside briefs from governmental bodies and gun-control groups. Those briefs are due February 1, 2027. A consent judgment would have ended the matter. Merryday wants more.
Key Details
The NRA filed the challenge in August 2025. Its co-plaintiffs include 2nd Amendment Armory, Centurion Armament Co., and four NRA members. The NRA brought the case in partnership with Mountain States Legal Foundation and the National Shooting Sports Foundation.
The defendants are Attorney General James Uthmeier, Law Enforcement Commissioner Mark Glass, and Florida's twenty state attorneys. All of them agree the waiting period requirements are unconstitutional. The parties asked the court for two things:
- A declaration that the laws are unconstitutional to the extent they force retailers to hold a firearm longer than needed to finish a background check.
- A permanent injunction blocking enforcement of the waiting period.
Merryday declined to enter that judgment at this stage. He said the constitutional issues need a more complete presentation before he rules.
The court invited the following entities to file amicus curiae briefs:
- The Governor of Florida
- The Florida House of Representatives
- The Florida Senate
- The Brady Center to Prevent Gun Violence
- The Giffords Law Center to Prevent Gun Violence
Notices of intent are due November 30, 2026. Briefs are due February 1, 2027. Any other interested party must move for leave to file by November 30, 2026. If the court grants leave, that party files its brief by February 1, 2027.
Background
Florida's three-day waiting period applies to handgun purchases from licensed dealers. The state codified it in Florida Statutes section 790.0655. The law has been on the books for decades, and it adds a mandatory cooling-off window between a buyer's purchase and the handoff of the gun, even after a background check clears.
The Supreme Court changed the framework for these challenges in New York State Rifle & Pistol Association v. Bruen (2022). Under Bruen, the government must show that a modern firearm regulation fits within the nation's historical tradition of firearm regulation. The old interest-balancing tests no longer apply. Courts across the country have since reviewed waiting periods under that standard, and the results have varied. The question of whether a delay is a historically grounded regulation or an unjustified burden has produced conflicting decisions in lower courts.
Florida is unusual here. The state did not defend the law in the ordinary way. Its chief legal officer and enforcement commissioner conceded the constitutional problem, and the plaintiffs asked for a judgment that matches that concession. The case moved from an adversarial fight to a request for a rubber stamp.
Why It Matters for Gun Owners
Florida residents who buy handguns from licensed dealers face the three-day wait today. That means a buyer who passes the background check still leaves the store without the gun. Out-of-state residents buying in Florida face the same delay. Anyone who relocates, travels, or buys a pistol for self-defense on short notice feels the cost first.
The waiting period does not stop a determined criminal. Criminals do not buy from licensed dealers in the first place, and the three-day window does nothing about straw purchases or theft. The law's burden falls on lawful buyers who already completed the background check. That is the group the Second Amendment protects most directly.
Gun owners should watch the November 30 deadline. If a group files a notice of intent to participate as an amicus, it signals how hard the opposition will fight. Gun owners should also watch whether any pro-gun organization moves for leave to participate. The court's invitation list drew attention to the absence of pro-gun voices, and filing a brief is the only way to change that balance.
Florida gun owners who want the waiting period gone should contact their state legislators. A court ruling may end the rule, but a legislative repeal ends it permanently and removes the risk of a future government reinstating it.
DownRange Analysis
The Second Amendment question here is not close. A waiting period that continues after a completed background check has no historical analogue that would justify it under Bruen. Both sides say the law fails. The state's own chief legal officer will not defend it. If a court cannot rule in that situation, the test has become a formality the government can skip whenever it chooses.
Merryday's caution has a legitimate basis. Federal courts do not issue consent judgments on constitutional questions without scrutiny, because a court that merely adopts the parties' agreement creates no binding precedent and invites accusations of collusion. Still, the court has the power to order briefing and then rule. Asking for amicus briefs from the state legislature and anti-gun groups is a delay tactic dressed up as thoroughness. Gun owners should not accept it without a fight.
What should a Florida gun owner do right now? Watch the November 30 filing deadline. Support organizations that move for leave to file. Write to your state legislators and ask for repeal, because that is the path that cannot be reversed by a judge. Keep your receipts and your background check paperwork, and do not assume the wait is permanent.
