Plaintiffs in a major Second Amendment challenge have accepted a Rule 68 offer of judgment from Florida officials, clearing the way for a federal court to declare the state’s three-day firearm waiting period unconstitutional and permanently enjoin its enforcement beyond the time required for a background check.
Because the defendants saw the writing on the wall after years of post-Bruen litigation, they made the offer on June 5, and the plaintiffs took it the same day. The Notice of Acceptance was filed in the U.S. District Court for the Middle District of Florida in the case Mitchell James Dunn et al. v. Mark Glass et al. The judgment will now be entered in favor of the plaintiffs on all claims.
It’s a clean win with no trial and no drama. The declaratory relief spells it out: Florida’s waiting period under § 790.0655 and the related constitutional provisions burden the right to keep and bear arms without any historical tradition to support an arbitrary delay unconnected to background checks. Florida Attorney General James Uthmeier has already concluded that the provisions violate the Second Amendment, and the other defendants are bound by that conclusion.
“Every government office, including mine, exists to protect your God-given rights as enshrined in the U.S. Constitution,” Uthmeier said. “That’s why we’re settling a landmark federal case that declares Florida’s 3-day firearm purchase waiting period unconstitutional under the Second Amendment.”
Every government office, including mine, exists to protect your God-given rights as enshrined in the U.S. Constitution.
That’s why we’re settling a landmark federal case that declares Florida’s 3-day firearm purchase waiting period unconstitutional under the Second Amendment. https://t.co/9ZSZjhTO3m
— Attorney General James Uthmeier (@AGJamesUthmeier) June 5, 2026
But the state didn’t just lose on paper. Once the final judgment is entered, defendants and everyone acting with them are permanently enjoined from requiring retailers to hold firearms longer than it takes to complete a background check. They have seven days to notify all relevant state agencies and law enforcement that enforcement has stopped.
So, what does this actually mean for gun buyers walking into a Florida store? If your NICS check clears in a day or even a few hours, the dealer can complete the sale and let you leave with the firearm. No more forced three-day hold.
Retailers won’t have to turn customers away or schedule second trips just to follow a rule that no longer exists. This development represents a significant change in the legal landscape.
Consequently, firearm purchasers and dealers in Florida are no longer subject to the arbitrary three-day waiting period. The acceptance filing asks for exactly what the offer contained: judgment on all claims, the specific declaratory and injunctive relief, and ten thousand dollars in attorney’s fees and costs. Plaintiffs explicitly waived damages because the point was always to stop the unconstitutional enforcement, not to collect money.
The certificate of service shows how fast it moved. Defendants served the offer by email through counsel on June 5. Plaintiffs accepted the same day by email. Then the notice was filed electronically, so every lawyer on the case got immediate notice through the court’s CM/ECF system.
This outcome rewards the work of the individual plaintiffs, the two Florida gun stores, and the NRA, along with their attorneys from Mountain States Legal Foundation and the NRA’s Institute for Legislative Action. It also puts other states on notice that similar waiting periods without historical grounding are vulnerable.
If you’re a gun owner or dealer in Florida, one less unconstitutional obstacle just disappeared between you and your rights. The background check still happens. The extra mandatory wait does not.
About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @right2bear, or at www.crumpy.com.
