The legal battle over Florida’s firearm waiting period took a dramatic turn today as top state officials formally agreed with the National Rifle Association that the law violates the Second Amendment.
In a joint filing submitted to the U.S. District Court for the Middle District of Florida, both sides submitted an Offer of Judgment. This filing officially asks the court to declare the waiting period unconstitutional and to permanently block the state from enforcing it.
The agreement brings together the plaintiffs—which include the NRA, 2nd Amendment Armory, Centurion Armament Co., and four individual NRA members—and a long list of state defendants. Among those conceding that the law fails constitutional scrutiny are Florida Attorney General James Uthmeier, Law Enforcement Commissioner Mark Glass, and 20 state attorneys.
Florida’s waiting period has been standard practice for decades but saw a major expansion in recent years. Voters originally amended the state constitution in 1990 to require a three-day waiting period specifically for handgun purchases. In 2018, the Florida Legislature expanded that rule to cover all firearms. Under the current law, buyers must wait at least three days after a background check is initiated before they can take possession of a firearm, even if their background check clears instantly.
The lawsuit, titled Dunn v. Glass, was launched in August 2025. The NRA partnered with the Mountain States Legal Foundation and the National Shooting Sports Foundation to bring the challenge forward.
John Commerford, the Executive Director of the NRA’s Institute for Legislative Action (NRA-ILA), released a statement following the joint filing.
“Florida’s Attorney General James Uthmeier, Law Enforcement Commissioner Mark Glass, and the State Attorneys are standing up for Constitutional rights and their constituents,” Commerford said. “By entering into this agreement with us, they have affirmed that Florida’s three-day firearm waiting period is unconstitutional and violates the Second Amendment. Law-abiding Floridians should never be delayed from exercising their fundamental rights. This is a major victory, and we look forward to the court permanently striking down this restriction.”
Because both the state and the plaintiffs are now in agreement, the case rests with the federal court to review the filing and issue a final order on whether to officially strike down the law.
READ: EXCLUSIVE: Florida Sen. Rick Scott Backs Push To DUMP Small Business Red Tape
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