Like many other states that seem on the surface to be pro-Second Amendment, Florida has many pernicious laws that infringe upon the rights of gun owners, and on Monday, August 25, the NRA filed suit to overturn the current three-day waiting period to take possession of a firearm after a sale.
The NRA joined the suit, along with 2nd Amendment Armory, and three NRA members, in partnership with Mountain States Legal Foundation, filing a complaint called Dunn v. Glass, in the United States District Court for the Middle District of Florida.
“For nearly 35 years, law-abiding Floridians have had to endure unconstitutional laws that arbitrarily deny them access to legally purchased firearms,” said John Commerford, Executive Director of NRA-ILA in a press statement. “Thanks to the NRA’s landmark Supreme Court victory in NYSRPA v. Bruen, illogical, nonsensical, and unconstitutional gun control laws like this are being thrown out in federal courts across the country. We are confident that our challenge today will be successful and serve as another critical step in rehabilitating Second Amendment rights in the Sunshine State.”
The complaint challenges the constitutionality of both Florida Statute § 790.0655 and Article I, section 8(b) of the Florida Constitution. The law, commonly known as “Cooling-off Waiting Period Provisions,” imposes a mandatory three-day waiting period between the purchase and delivery of any handgun from a retailer.
The only exceptions are for holders of a concealed weapons permit and for those conducting a trade-in of another handgun.
Similar laws have recently been struck down, including New Mexico’s mandatory seven-day waiting period, which was just struck down by the 10th Circuit Court of Appeals as we reported last week.
In 2023, the Florida legislature passed permitless carry, becoming the 26th state to do so, but stopped short of embracing open carry. Floridians and gun rights groups have called for open carry, but have found resistance mostly among Republican lawmakers. Governor DeSantis has indicated he would support and sign such legislation if the legislature could get it to his desk.
