Florida Ends Legal Fight With NRA By Conceding Gun Law Violates Second Amendment

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Florida Ends Legal Fight With NRA By Conceding Gun Law Violates Second Amendment

Republican Florida Attorney General James Uthmeier announced Friday that the state would settle a legal challenge in a Second Amendment case.

The National Rifle Association (NRA) filed the suit in the United States District Court for the Middle District of Florida in August 2025, seeking to invalidate the state’s three-day waiting period on Second Amendment grounds. Uthmeier announced his office’s decision to end the legal battle in a statement. (RELATED: Red State Attorney General Puts Homeowners’ Association On Notice Over Gun Ban)

“Every government office, including mine, exists to protect your God-given rights as enshrined in the U.S. Constitution,” Uthmeier on X. “That’s why we’re settling a landmark federal case that declares Florida’s 3-day firearm purchase waiting period unconstitutional under the Second Amendment.”

The NRA celebrated the news that the state would agree to end enforcement of the waiting period as part of the legal settlement.

“Florida’s Attorney General James Uthmeier, Law Enforcement Commissioner Mark Glass, and the State Attorneys are standing up for Constitutional rights and their constituents,” NRA-ILA Executive Director 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.”

The waiting period was initially passed as Amendment 12 during a referendum held during the 1998 midterm elections with 72% of the vote, according to Ballotpedia. The measure was later expanded after the 2018 shooting at Marjory Stoneman Douglas High School in Parkland, Florida, by legislation signed by then- Republican Gov. Rick Scott.

Florida State Attorney Brian Kramer notified Alachua County Thursday that he would not enforce its five-day waiting period on firearms purchases, citing the pending agreement, the Alachua Chronicle reported.

The NRA’s suit questioned the waiting period’s applicability, even when the background check was immediately passed.

“With limited exceptions, Florida Statute § 790.0655 makes it unlawful for any person who sells a firearm to deliver the purchaser’s property to them until a minimum of three days after the seller has initiated a background check, even if a clean background check comes back immediately,” the August said.

Brady United, which supported the passage of Amendment 12 in 1998, did not immediately respond to a request for comment from the Daily Caller News Foundation.

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