Gun Rights Group Claims State’s ‘Cooling-Off’ Law Violates Second Amendment

A lawsuit filed Tuesday by the National Rifle Association (NRA) challenges Florida’s mandatory waiting period for firearm purchases. The suit, filed in federal court in the Middle District of Florida, argues that the state’s law, which requires a minimum three-day waiting period between a firearm purchase and its delivery, is an unconstitutional violation of the Second Amendment.

The lawsuit, titled Dunn v. Glass, was filed by the NRA, the 2nd Amendment Armory, and three individual NRA members, in partnership with the Mountain States Legal Foundation.

READ: NYC Office Massacre: A Tragic Indictment Of “Dead Wrong” Gun Control, Says CCRKBA

The legal action comes on the heels of a recent victory for the NRA in a similar case in New Mexico, where the Tenth Circuit Court of Appeals struck down that state’s seven-day waiting period.

The Heart of the Challenge

Florida’s waiting period was first implemented in 1998 for handguns and was expanded in 2018 to include all firearms.

The current law mandates a minimum three-day delay after a background check is initiated, regardless of how quickly the check is completed.

The lawsuit contends that this waiting period, which the NRA refers to as a “time tax” or “cooling-off” period, is arbitrary because it is not tied to the time needed to complete a background check. The plaintiffs argue that this delay serves no purpose other than to restrict immediate access to legally purchased firearms.

READ: News Focus On 1996 Florida Cold Case: Anclote River Bridge Murder Of Lynette Campbell

John Commerford, Executive Director of the NRA-ILA, stated, “For nearly 35 years, law-abiding Floridians have had to endure unconstitutional laws that arbitrarily deny them access to legally purchased firearms.” He expressed confidence that the recent Supreme Court ruling in NYSRPA v. Bruen would lead to the law being overturned, calling it “another critical step in rehabilitating Second Amendment rights in the Sunshine State.”

The outcome of this case could have a significant impact on gun laws in Florida and potentially set a precedent for similar challenges in other states.

Please make a small donation to the Tampa Free Press to help sustain independent journalism. Your contribution enables us to continue delivering high-quality, local, and national news coverage.

Connect with us: Follow the Tampa Free Press on Facebook and Twitter for breaking news and updates.

Sign up: Subscribe to our free newsletter for a curated selection of top stories delivered straight to your inbox.