NRA Sues Florida Over 3-Day Firearm Purchase Waiting Period

TAMPA, Fla. –  The National Rifle Association (NRA), joined by three individual members and 2nd Amendment Armory, has filed a federal lawsuit challenging Florida’s three-day waiting period on firearm purchases.

The case, Dunn v. Glass, was filed in the U.S. District Court for the Middle District of Florida on August 25, 2025.

The Issue at Hand

Florida’s mandatory waiting period dates back to 1998, when voters approved a constitutional amendment requiring a three-day delay between the purchase and delivery of any handgun. In 2018, lawmakers expanded the law to cover all firearms.

Under current law, once a background check is initiated, a buyer must wait at least three days before taking possession of the firearm—even if the check comes back clean instantly. Only concealed carry permit holders, law enforcement, hunters, and those trading in a firearm are exempt.

Critics argue the law functions as a “cooling-off period” rather than a safety measure tied to background checks. Violations can result in felony charges for both buyer and seller.

NRA’s Argument

The plaintiffs argue that the law arbitrarily delays law-abiding citizens from exercising their Second Amendment rights. According to the complaint, the provisions “exist simply to impose an arbitrary delay and a forced period of reflection between purchase and delivery of a firearm—in essence, a ‘cooling-off’ period”.

John Commerford, Executive Director of the NRA’s Institute for Legislative Action, said in a statement:

 “For nearly 35 years, law-abiding Floridians have had to endure unconstitutional laws that arbitrarily deny them access to legally purchased firearms. 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 lawsuit relies heavily on Bruen’s history-and-tradition test, which requires governments to prove that firearm restrictions are consistent with America’s historical tradition of regulation. Plaintiffs argue there is no such tradition of waiting periods, pointing out that they first appeared in California in 1923—more than a century after the ratification of the Second Amendment.

Plaintiffs’ Experiences

The individual NRA members who joined the case—Mitchell Dunn, Josiah Burnham, and Jeremy Hesson—each purchased firearms in recent days but were forced to wait before taking them home, despite clearing background checks immediately. The lawsuit argues these delays constitute ongoing violations of their rights.

2nd Amendment Armory, a retail gun store in Brandon, Florida, is also a plaintiff. The store claims that waiting periods have cost them sales and put them at risk of criminal penalties if they accidentally run afoul of the law.

Legal Relief Sought

The plaintiffs are asking the court for declaratory and injunctive relief to strike down both the constitutional provision and the state statute. They also seek damages and attorney’s fees under federal civil rights law.

If successful, the lawsuit could eliminate Florida’s waiting period entirely, restoring immediate transfers after background checks are completed.

The case also comes just days after the Tenth Circuit struck down New Mexico’s seven-day waiting period in Ortega v. Grisham, another NRA-backed challenge.

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