Florida’s 3-Day Gun Waiting Period Stays in Place: What Buyers Need to Know

Florida Gun Law · Buying a Firearm

By GunSafety4U · Tampa Bay, Florida · November 4, 2026

Florida's mandatory waiting period on gun purchases is still in force. On October 28, U.S. District Judge Steven D. Merryday in Tampa refused to sign off on a deal in which the state itself agreed the waiting period is unconstitutional. Instead, he asked for full briefing, with the last briefs due February 19, 2027.

In practice, every retail gun purchase in Florida this holiday season still comes with the wait, unless the buyer qualifies for an exemption. The most useful exemption is easy to overlook since permitless carry arrived in 2023: a concealed weapon license.

Below: what the judge decided and why, how the waiting period actually works, who is exempt, and how to plan a purchase around it, including the holidays coming up in November and December.

What the judge decided, and what he didn't

The NRA, two retailers and four Florida buyers sued in August 2025, saying the waiting period violates the Second and Fourteenth Amendments. The defendants are Attorney General James Uthmeier, FDLE Commissioner Mark Glass and Florida's 20 state attorneys. They didn't fight the case. On June 5, 2026 they offered a judgment declaring the wait unconstitutional, as far as it holds a gun beyond the time needed for a background check. The plaintiffs accepted the same day, and the two sides asked the court to enter the judgment on June 30.

Judge Merryday said no. His six-page order does not rule that the waiting period is constitutional. It rules that the parties can't use Rule 68, normally a routine settlement tool, to get a federal court to strike down part of Florida's Constitution without a real adversarial argument. He called the lack of any adversarial briefing “striking,” and noted that federal appeals courts have split on waiting periods. The First Circuit upheld Maine's three-day wait, and the Supreme Court declined to review that case on October 19.

So the court opened the case to outside voices. It invited the Governor, the Florida House, the Florida Senate, the Brady Center and Giffords Law Center to file briefs. NRA-ILA says it remains confident the wait will ultimately be struck down. AmmoLand points out that the case will continue into 2027.

Case timeline: past and next

How Florida's waiting period actually works

The rule is in Florida Statutes § 790.0655. The constitutional wait covers handguns; a 2018 law extended it to all firearms. Three points matter most:

An early handover is serious. Under the statute, a retailer who delivers a firearm before the wait expires, or a buyer who gets delivery by fraud, commits a third-degree felony.

Who skips the wait

Section 790.0655(2) lists the only ways around the waiting period:

The angle most coverage is missing: permitless carry didn't bring the exemption with it

Since July 1, 2023, Floridians who meet the eligibility rules can carry concealed without a license, which has led some gun owners to wonder whether a license is still worth getting. Section 790.0655 still exempts only “a holder of a concealed weapons or concealed firearms license.” Being eligible to carry without one doesn't count.

One more change makes the license reachable for more people. After the Fourth District Court of Appeal's June 17, 2026 decision in Eubanks v. Florida, FDACS says it will issue concealed weapon licenses to applicants 18 and older who meet the other requirements. We covered that ruling in our breakdown of the 18-to-20 carry decision.

If you've been unsure whether a license still matters under permitless carry, add the waiting-period exemption to the list. Our guide to permitless carry vs. a concealed carry license in Florida lays out the other differences.

Planning a purchase around the holidays

Because weekends and legal holidays don't count, the calendar matters more than most buyers expect. The waiting-period statute doesn't define “legal holidays.” Florida's general list, Fla. Stat. § 683.01, is longer than the federal one. Three of those holidays fall in the next eight weeks:

The state list also includes dates most people don't think of as holidays, such as Lincoln's Birthday (Feb. 12) and Flag Day (June 14). Dealers may count these days differently, so ask yours how they calculate your pickup date before you buy.

What this means for Tampa Bay gun buyers

1. Expect the wait through at least February 2027. Final briefs aren't due until February 19, so a ruling before then is unlikely.
2. If you buy often, a license pays for itself in time saved. A valid Florida concealed weapon license exempts you from the wait on every retail purchase. Florida requires proof of firearm competency to apply, which a course like our NRA Basic CCW class provides.
3. Use the wait well. Three days is enough to book a range session or a fundamentals class. A new owner who trains before taking a gun home is safer from day one. NRA Basics of Pistol Shooting is built for exactly that.
4. Check the calendar before you check out. Weekends and legal holidays don't count, and the background check can run past three days.

The bottom line

Florida's top law enforcement officials agree the waiting period should go, but a federal judge won't let them end it by agreement. The question will be fully argued, with briefs due into February 2027. Until a court rules, the wait applies to every retail gun sale in the state. The simplest legal way past it is easy to forget under permitless carry: a concealed weapon license.

This article is general information about Florida firearm law as of November 4, 2026 and is not legal advice. Litigation is ongoing and the law may change. Confirm current requirements with your dealer, FDLE or FDACS before you buy or apply.