Judge Rejects NRA-Florida Gun Waiting Period Deal

A federal judge refused a settlement that would have struck down Florida's firearm purchase waiting period and invited gun-control groups to defend it.

Updated on Nov. 2, 2026 in Law

Judge Rejects NRA-Florida Gun Waiting Period Deal

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U.S. District Judge Steven Douglas Merryday denied a request from the NRA and Florida Attorney General James Uthmeier to close the NRA's lawsuit against the state's firearm purchase waiting period through a settlement. Merryday invited Brady United and Giffords to submit briefs defending the law.

Why it matters

The ruling keeps the waiting period in place for Florida residents while the constitutional challenge proceeds. It also arrives as the Tenth Circuit struck down a waiting period in New Mexico, creating a circuit split that could draw Supreme Court attention.

The proposed settlement would have issued a declaratory judgment and permanent injunction finding a provision of Florida's constitution and an implementing statute violate the Second Amendment as applied to the states. Responses from Gov. Ron DeSantis, both chambers of the Florida Legislature, Brady United, and Giffords are due February 1, 2027, and the merits of the challenge remain undecided.

The players

Steven Douglas Merryday

Merryday is a U.S. District Judge for the Middle District of Florida who handled the case and rejected the proposed settlement.

James Uthmeier

Uthmeier is Florida's Attorney General who joined the NRA in moving to settle the lawsuit against the state's waiting period.

National Rifle Association

The NRA is a national gun-rights advocacy organization that sued Florida in August 2025 seeking to invalidate the state's firearm purchase waiting period.

Brady United

Brady United is a gun-violence prevention organization invited by the court to submit briefs defending Florida's waiting period law.

Giffords

Giffords is a gun-violence prevention organization invited by the court to submit briefs defending Florida's waiting period law.

The details

Judge Merryday said the waiting period question is a prominent and vigorously debated issue of law, citing the Supreme Court's refusal to hear Beckwith v. Frey. He asked Gov. DeSantis, the Florida House, the Florida Senate, Brady United, and Giffords to respond by the February 1, 2027 deadline.

August 2025: The NRA sued Florida over its firearm waiting period, and the Tenth Circuit struck down a New Mexico waiting period the same month.
Nearly five months before the ruling: The NRA and Florida Attorney General moved to close the case through a settlement.
February 1, 2027: Deadline for responses from Florida's governor, legislature, and the two gun-control groups.

Political Context

The Tenth Circuit's August 2025 decision striking down New Mexico's firearm waiting period, together with the First Circuit's contrary ruling, has created a circuit split on the issue. Judge Merryday cited the Supreme Court's earlier refusal to hear Beckwith v. Frey, a Maine waiting period case, as evidence the question remains unsettled, and the split may make Supreme Court review more likely.

Florida residents buying firearms remain subject to the state's waiting period while the case proceeds, so no change to purchase timing takes effect from this ruling. The outcome of the challenge could later determine whether gun buyers in Florida must still wait before taking possession of a firearm.

The takeaway

Florida's waiting period remains in force for now, but the judge's invitation to outside groups signals the court is taking the constitutional question seriously. Readers following gun policy should watch the February 2027 filings and any Supreme Court action on the circuit split.

What happens next

Responses from Gov. Ron DeSantis, the Florida House, the Florida Senate, Brady United, and Giffords are due February 1, 2027, after which the court will weigh the merits of the waiting period challenge.