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Florida Attorney General, Law Enforcement Commissioner, and State Attorneys Agree Florida’s Waiting Period Law Violates the Second Amendment in NRA Challenge

Friday, June 5, 2026

Florida Attorney General, Law Enforcement Commissioner, and State Attorneys Agree Florida’s Waiting Period Law Violates the Second Amendment in NRA Challenge

Today, the parties in the National Rifle Association’s challenge to Florida’s firearm waiting period law jointly filed an Offer of Judgment asking the U.S. District Court for the Middle District of Florida to declare the law unconstitutional and permanently enjoin its enforcement.

The plaintiffs—the NRA, 2nd Amendment Armory, Centurion Armament Co., and four NRA members—and the defendants—Attorney General James Uthmeier, Law Enforcement Commissioner Mark Glass, and 20 state attorneys—agreed that Florida’s waiting period requirement violates the Second Amendment.

Florida’s constitution was amended in 1990 to require a three-day waiting period between the retail purchase and delivery of handguns. In 2018, the Florida Legislature expanded that requirement to apply to all firearms. As a result, with limited exceptions, individuals purchasing a firearm in Florida must wait at least three days after a seller initiates a background check before taking possession of the firearm, even when the background check is completed and approved immediately.

The plaintiffs filed this lawsuit in August 2025 in partnership with the Mountain States Legal Foundation and the National Shooting Sports Foundation, challenging the constitutionality of the waiting period requirement under the Second Amendment.

The parties’ Offer of Judgment reflects their agreement that the law cannot withstand constitutional scrutiny and asks the court to enter judgment for the plaintiffs.

The case, Dunn v. Glass, remains pending before the U.S. District Court for the Middle District of Florida.

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights, and please visit www.nraila.org/litigation to keep up to date on NRA-ILA’s ongoing litigation efforts.

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.