Florida's 3-day gun waiting period faces constitutional challenge
Florida's gun purchase waiting period
In Florida, residents have to wait at least three days to purchase a handgun, but Attorney General James Uthmeier says that's unconstitutional and is trying to expedite the process. FOX 13's Heather Healy reports.
TALLAHASSEE, Fla. - Florida's decades-old gun waiting period is facing a new legal challenge after Attorney General James Uthmeier asked a federal judge to declare the law unconstitutional.
The request comes as part of a proposed settlement agreement in a lawsuit filed by the National Rifle Association, which has long argued that the waiting period infringes on Second Amendment rights.
Law approved by voters
The backstory:
Florida's three-day waiting period for firearm purchases was approved by voters in 1990 through a constitutional amendment. The measure received overwhelming support, passing with roughly 85% of the vote.
The law requires most gun buyers to wait at least three days between purchasing a firearm and taking possession of it.
The waiting period does not apply to concealed weapons permit holders, law enforcement officers, individuals trading in another firearm, or those who have completed a minimum 16-hour hunter safety course and possess a valid hunter safety certification card.
Following the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida, lawmakers expanded the waiting period to include long guns.
Attorney general calls law "arbitrary"
Uthmeier argues the waiting period is unconstitutional and no longer serves its intended purpose.
According to the attorney general, the delay is arbitrary and unrelated to the time needed to complete a background check. Supporters of the legal challenge contend that modern background check systems can often provide results much faster than the mandatory waiting period.
The request now places the future of the law in the hands of a federal judge.
Supporters say the waiting period saves lives
The other side:
Those who support the waiting period argue it remains an important safeguard that helps prevent impulsive acts of violence and self-harm.
Advocates say the mandatory delay provides a cooling-off period for individuals experiencing a crisis and helps keep firearms out of the wrong hands.
Some gun owners and survivors have credited the waiting period with giving them time to reconsider decisions made during moments of emotional distress, like Florida resident Lucy Rowles, who was considering taking her own life, but found out she couldn't simply walk into a gun store and walk out with a gun.
"I left and, you know, it gave me that breathing room. It gave me space in between that to, you know, sort my thoughts out," Rowles said.
Exceptions already exist
Florida law currently includes several exemptions to the waiting period.
The requirement does not apply to individuals with a concealed weapons permit, law enforcement officers, those trading in another firearm, or individuals who have completed a minimum 16-hour hunter safety course and possess a valid hunter safety certification card.
As the legal challenge moves forward, the case could determine whether one of Florida's longest-standing firearm regulations remains in place.
The Source: Sources for this web article include a story by WINK and information provided by The Florida Senate.