Florida AG Says State's Gun Waiting Period Laws Are Unconstitutional, Won't Be Enforced

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Florida Attorney General James Uthmeier appears to have accomplished what state lawmakers were unable (and in some cases, unwilling) to do for the past several years: get rid of the state's three-day waiting period on gun sales that was signed into law by then-Gov. Rick Scott after the Parkland shooting in 2018.

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Uthmeier's official announcement comes a day after Brian Kramer, who serves as the chief prosecutor for Alachua, Baker, Bradford, Gilchrist, Levy, and Union counties, told Alachua County officials that based on a judgment agreed to by both parties in a case called Dunn v. Glass, the "Attorney General and other defendants have agreed to the entry of a judgment declaring unconstitutional Florida's statutory and constitutional waiting period provisions to the extent they require a firearm to be held beyond the time necessary to complete a background check."

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As a result, Kramer said, his office will no longer prosecute violations of the state's three-day waiting period, nor the five-day waiting period put in place in Alachua County a few years ago.

Alachua County is one of six in the state that took advantage of language in the state's waiting period law allowing them to establish a separate five-day waiting period for gun transfers conducted on public property (like gun shows). Broward, Hillsborough, Miami-Dade, Palm Beach, and Volusia counties all have ordinances that are substantially similar to Alachua County's, and based on Kramer's letter it appears those ordinances are or soon will be null and void as well.

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