Florida’s Attorney General just dropped a bombshell move that could finally scrap the state’s outdated 3-day waiting period on firearm purchases. In a settlement push for a National Rifle Association lawsuit, AG James Uthmeier is asking a federal court to declare the law unconstitutional under the Second Amendment. For gun owners tired of government-mandated “cool-down” delays, this feels like long-overdue relief.
How We Got Here: From 1990 Amendment to Post-Parkland Expansion
Back in 1990, Florida voters approved a constitutional amendment slapping a three-day waiting period (excluding weekends and holidays) on handgun purchases. The idea was a “cooling off” period to prevent impulsive buys. Then, after the 2018 Parkland tragedy, lawmakers expanded it to cover all firearms.
The result? Even if your NICS background check clears in minutes, you still have to wait days to take possession. No exceptions for concealed carry holders in many cases, and counties could stretch it even longer. Critics have long called it pointless bureaucracy that does nothing to stop determined criminals while punishing law-abiding citizens.
AG Uthmeier’s Take: “Arbitrary” and Unconstitutional
Uthmeier didn’t mince words. He filed an Offer of Judgment arguing the waiting period is “arbitrary” and has zero connection to the time needed for background checks. In his words on X: “Every government office, including mine, exists to protect your God-given rights as enshrined in the U.S. Constitution.”
The NRA lawsuit, backed by plaintiffs including gun shops and individual owners, highlights the obvious: Instant background checks already exist. Forcing people to wait serves no legitimate public safety purpose under current Second Amendment scrutiny post-Bruen.
Some local prosecutors are already on board. The State Attorney for the 8th Judicial Circuit said he’ll immediately stop enforcing Alachua County’s five-day wait.
The Other Side: Gun Control Advocates Push Back
Not everyone’s cheering. Groups like Florida Action Alliance argue the waiting period saves lives by giving people time to reconsider suicide or escape domestic situations. One advocate shared a personal story of how the delay helped her step back from a crisis years ago.
Fair point to acknowledge — mental health and domestic violence are real issues. But data on waiting periods’ effectiveness remains mixed at best, especially when instant checks and existing prohibitions (felons, domestic abusers, etc.) are already in place. Responsible gun owners aren’t the problem here.
Why This Matters for Florida Gun Owners and Beyond
If the court agrees, Florida could join the majority of states without mandatory waiting periods. That means faster access for self-defense, home protection, or recreational shooting — without unnecessary government hurdles. In a state with strong 2A support and millions of legal gun owners, this is huge.
It also signals a broader shift. With Trump-era policies and pro-2A leadership, more states are re-examining restrictive gun laws that don’t hold up under constitutional review. For Tactical Shit readers who value training, preparedness, and rights: This is a reminder that staying engaged in the legal and political fight pays off.
What Comes Next?
The federal court in the Middle District of Florida will review the Offer of Judgment. If approved, the waiting period could be gone for good. Keep an eye on this one — it could set precedent or spark more challenges elsewhere.
