Florida's three-day waiting period for most gun purchases could end soon.
The requirement has the National Rifle Association and others suing in federal court. And Attorney General James Uthmeier, who’s representing the state in the case, is agreeing with the plaintiffs.
"Here in Florida, we're not going to violate the Second Amendment,” he said at a recent press conference. “These are important rights. The founders put it number two, I think, for good reason.”
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Florida voters approved a constitutional amendment to create a three-day waiting period to buy handguns in 1990. It passed with more than 84% of the vote.
Nearly 30 years later, after the Marjory Stoneman Douglas High School shooting, lawmakers expanded it to rifles and shotguns.
There are exceptions, including for concealed-weapons license holders, firearm trade-ins and some hunters. The requirements apply to the retail sales that make up the majority of gun purchases. Some counties also have their own waiting-period rules.
“The Cooling-off Waiting Period Provisions are not consistent with this Nation’s historical tradition of firearm regulation,” write those suing, which include the NRA, gun stores and gun buyers. “Therefore, Florida’s Cooling-off Waiting Period Provisions are unconstitutional.”
Uthmeier, in a filing earlier this month, proposed a judgment in favor of the plaintiffs. Under his offer, the state would agree that the waiting period is unconstitutional and stop enforcing it. Background check requirements would still remain in place.
Those suing would also get $10,000 in attorneys' fees.
This comes after recent U.S. Supreme Court rulings that have expanded protections for gun owners, leading to new legal challenges.
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Senate Democratic Leader Lori Berman said Uthmeier choosing to try to end the requirement rather than defend it was “deeply troubling.”
“I think it's a dereliction of his duty as the attorney general,” she said. “The AG is trying to undo the things that the citizens of the state, as well as the legislators, have done, and this is wrong.”
Uthmeier also recently declined to challenge a court ruling that cleared the way for firearm open carry in Florida, a change lawmakers had long resisted.
Tanya Schardt, the senior counsel and director of state and federal policy for the Brady gun violence prevention organization, said not having the wait would lead to more gun deaths.
"When you create that time barrier, you're creating an opportunity for someone to perhaps change their mind and not engage in that activity,” Schardt said. “It's an incredible tool to prevent gun violence, whether it's homicides or suicides."
Andrew Morral, a gun policy researcher at the RAND Corporation, had a similar take.
"There's been quite a few studies, and we've reviewed them all, and concluded that the evidence and support of waiting periods is moderately good, that they appeared to reduce firearm suicides and total homicides,” he said. “The best available evidence suggests that firearm suicides could increase, and that homicides could increase.”
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This story was produced by WUSF as part of a statewide journalism initiative funded by the Corporation for Public Broadcasting.
