Judge Rejects Florida-NRA Deal, Opens Waiting Period Case to Outside Briefs
November 1, 2026
Florida's three-day waiting period on gun sales is still on the books even though the NRA and the state itself both told a federal judge it's unconstitutional. Judge Steven Merryday declined to just sign off on that agreement, and the case is now headed for a broader fight.
Key points
- The lawsuit: The NRA sued over Florida's waiting period requirement in August 2025, joined by 2nd Amendment Armory, Centurion Armament Co., four NRA members, Mountain States Legal Foundation, and the National Shooting Sports Foundation.
- Rare agreement: Florida Attorney General James Uthmeier, Law Enforcement Commissioner Mark Glass, and the state's 20 state attorneys all agreed the waiting period violates the Second Amendment beyond what's needed to complete a background check.
- Judge says not so fast: Merryday refused to enter the joint judgment, saying the constitutional questions need fuller briefing before he'll rule.
- New voices invited: The court asked Florida's governor, House, Senate, and gun-control groups Brady Center and Giffords Law Center to file amicus briefs, with deadlines running into February 2027.
- Law stays in effect: Until the case resolves, the waiting period requirement remains enforceable in Florida.
Quick take
Bearing Arms' Tom Knighton argues it's telling that the judge reached out to anti-gun organizations rather than pro-2A groups, suggesting the move sets up room for a ruling against both the state and the NRA despite their shared position. Whether that reading holds up, gun owners in Florida are looking at a longer wait before this waiting period actually goes away.
Read the full story: bearingarms.com