Guns

Judge delays ruling on Florida gun waiting law despite both sides' agreement

November 11, 2026

A federal judge had a rare chance to end a gun control fight simply because both sides asked him to — and he passed on it.

Snapshot

The NRA, joined by 2nd Amendment Armory, Centurion Armament Co., and several NRA members, sued Florida in August 2025 over its three-day waiting period on firearm purchases from licensed dealers. State officials, including Attorney General James Uthmeier and Law Enforcement Commissioner Mark Glass, agreed the law violates the Second Amendment. Judge Merryday still declined to rule, according to Bearing Arms.

Key points

  • Rare agreement: Both the NRA-led plaintiffs and Florida's named defendants jointly asked for a declaration that the waiting period law is unconstitutional.
  • What they wanted: The parties sought a permanent injunction against enforcing any waiting period beyond the time needed to complete a background check.
  • Judge holds off: Judge Merryday declined to enter judgment, saying he wants a fuller presentation of the constitutional questions first.
  • Outside voices invited: The court invited the Governor of Florida, the Florida House and Senate, the Brady Center to Prevent Gun Violence, and the Giffords Law Center to file amicus briefs, with deadlines running into early 2027.

Quick take

Tom Knighton of Bearing Arms questions why a judge needs more input when both sides already agree the law is unconstitutional, and notes the amici invited by name lean toward gun control advocacy groups rather than Second Amendment organizations. He says he hopes that's simply caution on the court's part rather than an effort to let outside groups argue a case neither original party wants to make.

Read the full story: bearingarms.com

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