Hate ads?! Subscribe for just $5 a month!

pew report black

Hate ads?! Subscribe for just $5 a month!

Surprise: Both Side Agree Florida’s Waiting Period Violates The Second Amendment

Listen to Article

Florida’s three-day waiting period has long been sold as a “cooling off” measure, yet the state’s own attorney general just filed a brief admitting the law likely fails constitutional muster under the post-Bruen framework that demands text, history, and tradition. By joining the plaintiffs rather than defending the statute, the AG effectively concedes that a waiting period lacks any analogue from the Founding era or Reconstruction, when law-abiding citizens could walk out of a gunsmith’s shop with a firearm the same day. That concession is more than procedural—it signals that even officials once tasked with enforcing the restriction now view it as incompatible with the individual right the Supreme Court has repeatedly reaffirmed.

For the broader Second Amendment community the development is both validation and warning. Validation, because it shows that incremental infringements can be rolled back when litigators press historical evidence instead of policy arguments; warning, because several other states still cling to similar delays and will undoubtedly scramble to manufacture post-hoc historical cover. If Florida’s waiting period falls, expect a cascade of copy-cat suits and a fresh round of academic papers suddenly “discovering” that our ancestors somehow needed three days to complete a militia-eligible purchase. The real lesson is that rights are not kept by legislative grace but by consistent, evidence-based litigation that treats the Second Amendment as a fundamental liberty rather than a grudging exception.

Share this story