Florida officials from the attorney general to 20 individual state attorneys formally conceded last week that the state's three-day firearm waiting period violates the Second Amendment, joining with the National Rifle Association in a joint Offer of Judgment that asks a federal court to permanently enjoin enforcement of the law. AmmoLand reported that the offer was served by email on June 5 in Dunn v. Glass, a case filed in the U.S. District Court for the Middle District of Florida, and that plaintiffs accepted the same day.

The defendants who conceded include Florida Attorney General James Uthmeier, Law Enforcement Commissioner Mark Glass, and the 20 state attorneys responsible for criminal enforcement across Florida's judicial circuits. The NRA brought the challenge in August 2025 alongside co-plaintiffs 2nd Amendment Armory, Centurion Armament Co., and four individual NRA members. Under the terms of the Offer of Judgment, once the court enters a final consent judgment, all defendants and those acting in concert with them are permanently enjoined from requiring firearms retailers to hold a purchased firearm beyond the time needed to complete a background check. Defendants have seven days from entry of judgment to notify all relevant state agencies and law enforcement that the waiting period is no longer enforceable.

Florida's waiting period has a long history in state law. Voters amended the state constitution in 1990 to require a three-day wait on handgun sales, and the Florida Legislature expanded that requirement to cover all firearms in 2018. NRA-ILA noted that the concession represents a significant shift: the state's top enforcement officials voluntarily abandoning the defense of a law that had been on the books for more than 35 years. Uthmeier had publicly described the waiting period as an infringement on what he called "God-given rights" before the formal legal filing confirmed his position. Bearing Arms noted that the alignment between the AG and the NRA effectively ended any adversarial posture in the case and cleared the path for judgment.

The practical result once the court enters judgment is straightforward: Florida retailers will only be required to hold a purchased firearm for the duration of the NICS background check. For the overwhelming majority of buyers — those who clear instantly or within a business day — that means same-day or next-day delivery of a lawfully purchased firearm. Florida will join the majority of states that impose no waiting period beyond what the federal background check itself requires.

The court must still formally enter the consent judgment before the injunction takes effect, but with all parties in agreement, the process is expected to move quickly. NRA-ILA said it anticipates the judgment to be entered promptly.