Florida's attorney general moves to end firearm purchase waiting period

FORT MYERS, Fla. (WINK) — Florida’s attorney general is moving to end a decades-old gun law, arguing it creates an unconstitutional burden. But gun control advocates are pushing back, calling it a small step that can save lives. 

Florida Attorney General James Uthmeier filed an offer of judgement on Friday that aims to settle a 2025 National Rifle Association lawsuit over the state’s firearm waiting period law. 

In 1990, 84% of Florida voters approved a constitutional amendment that created a three-day waiting period, excluding weekends and state holidays, between the purchase and delivery of a handgun. Individual counties and cities can extend the waiting period for up to five days. 

In 2018, Florida lawmakers expanded the waiting period to include all firearms after the Parkland mass shooting. 

Supporters argue it creates a ‘cool-down’ period that prevents guns from getting into the wrong hands. But Uthmeier said the law is “arbitrary" and “unconnected with the time required to complete a background check.” The NRA said gun buyers must wait for delivery even if a background check is immediately completed. 

Uthmeier is asking the U.S. District Court for the Middle District of Florida to declare the law unconstitutional under the Second Amendment. 

“Every government office, including mine, exists to protect your God-given rights as enshrined in the U.S. Constitution,” Uthmeier posted on X. 

Some gun owners welcomed the move, including Cody Collins, who owns Shooters Guns and Ammo in Fort Myers. Collins said he supports background checks, but doesn’t see the need for a waiting period. 

"It should be a one-day, one-phone-call operation,” Collins said. 

Lucy Rowles said the waiting period saved her life. 26 years ago, Rowles walked into a Lauderhill gun store ready to take her own life. 

"It gave me some breathing room,” Rowles said. “Gave me a chance to reassess my situation.”

Not long after, Rowles met her husband. She got to see her son grow up. And now she advocates for suicide prevention. 

Rowles is the coalition leader for Florida Action Alliance, an offshoot of the national group created by Newtown, Connecticut residents after the Sandy Hook Elementary School shooting.  

She argued the waiting period can allow people to escape a domestic violence situation or re-consider a life altering decision. 

The move is already rippling across Florida. State Attorney Brian Kramer represents the 8th Judicial Circuit, which includes Gainesville and Alachua County. Kramer reportedly said he will immediately stop enforcing Alachua County’s five-day wait period.