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Florida AG Uthmeier challenges the state's mandatory firearm waiting period

Two hand guns are displayed at Shoot GTR, located at 1610 NW 65th Pl., in Gainesville, Fla., on Sept. 20, 2023.
Augustus Hoff
/
Fresh Take Florida
Two hand guns are displayed at Shoot GTR, located at 1610 NW 65th Pl., in Gainesville, Fla., on Sept. 20, 2023.

Florida Attorney General James Uthmeier is seeking to overturn the state's mandatory three-day waiting period for firearm purchases.

Florida voters approved a constitutional amendment in 1990 establishing a three-day waiting period for handgun purchases. Following the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland, state lawmakers expanded the requirement to apply to all firearm purchases.

In a statement posted on X, formerly Twitter, Uthmeier said the waiting period infringes on constitutional rights.

"Every government office, including mine, exists to protect your God-given rights as enshrined in the U.S. Constitution," Uthmeier wrote. "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."

Supporters of the waiting period argue that it provides a "cooling-off" period that may help prevent impulsive acts of violence and suicide. Opponents, including Fort Myers gun shop owner Christopher Rallo of Jerry’s Firearms, argue the requirement places an unnecessary burden.

“It’s a persons constitutional right to own a firearm to protect themselves, it’s a part of the second amendment. So, I believe that someone shouldn’t have to wait, they should be able to purchase that product on the spot.”

Uthmeier, joined by state attorneys and Florida Department of Law Enforcement Commissioner Mark Glass, has submitted an Offer of Judgement in federal court. The case is pending before the U.S. District Court for the Middle District of Florida.

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