Posted: 9/9/2026 7:46:52 PM EDT
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Quick update on Dunn v. Glass (Florida Waiting Period - NRA Case) The court has not ruled on the constitutionality of Florida’s mandatory three-day firearm waiting period. The parties submitted a proposed judgment declaring the waiting period unconstitutional to the extent that it requires a FFL to withhold delivery after the purchaser’s background check is completed. The proposed judgment would also permanently enjoin enforcement of that requirement. Judge Steven Merryday declined to enter the proposed judgment at this stage, citing the absence of adversarial briefing or substantive argument on the constitutional issues. Because both parties seek the same outcome, the court questioned whether the case continues to present a genuine “case or controversy” as required by the U.S. Constitution. The parties have been directed to file legal memoranda within 14 days explaining why the action should not be dismissed. Accordingly, Florida’s waiting-period requirement remains in effect unless and until the court enters a final judgment prohibiting its enforcement. https://storage.courtlistener.com/recap/gov.uscourts.flmd.446414/gov.uscourts.flmd.446414.47.0.pdf |
| Counties per the state constitution are allowed to amend up to five days. Dunn v. Glass challenges the entirety of the waiting period, including the state constitutional provisions. The lawsuit is basically stating that the state constitution isn't constitutional. |
