Florida is the most restrictive pro-gun state in the nation. Despite having a Republican supermajority, they can't seem to get good gun laws passed here lately, and they were awfully quick to pass gun control after Parkland.
So that means gains will have to be made in the courts, which is where the NRA is heading.
It seems they're interested in taking on the state's waiting period for gun purchases, as they announced in a press release earlier today:
Today, the National Rifle Association filed a challenge against Florida’s unconstitutional waiting period law in federal court. Following the filing, John Commerford, Executive Director of NRA-ILA, released the following statement:
"For nearly 35 years, law-abiding Floridians have had to endure unconstitutional laws that arbitrarily deny them access to legally purchased firearms," said John Commerford, Executive Director of NRA-ILA. "Thanks to the NRA's landmark Supreme Court case NYSRPA v. Bruen, illogical, nonsensical, and unconstitutional gun control laws like this are being thrown out in federal courts across the country. We are confident that our challenge today will be successful and serve as another critical step in rehabilitating Second Amendment rights in the Sunshine State."
BACKGROUND:
- Florida established a three-day waiting period for handgun purchases in 1990 through a constitutional amendment, which was later expanded to apply to all firearms in 2018 as part of a broader gun control package.
- Waiting period laws have come under intense scrutiny by federal courts. This month, the Tenth Circuit held that New Mexico’s 7-Day Waiting Period is unconstitutional in the NRA's challenge against the law.
- In March, a federal district court ruled that Maine’s waiting period law likely violates the Second Amendment and issued a preliminary injunction to stop enforcement of the law. This challenge is currently before the First Circuit Court of Appeals.
- These rulings are based on the landmark NRA-backed Supreme Court case New York State Rifle & Pistol Association, Inc. v. Bruen, which held that gun control laws are unconstitutional unless they are consistent with our nation’s historical tradition of firearm regulation.
Bruen presented a clear-cut test of the constitutionality of gun control laws. One must find a historical analog to the law in question that applies to the Second Amendment. Did the Founders, or lawmakers at the time of incorporation in the 19th Century, favor a restriction of the Second Amendment similar to that one?
The truth is that waiting periods aren't going to pop up anywhere, nor is anything similar.
That's good because while I understand the arguments for them, such as providing a "cooling off" period, the truth is that there aren't that many people who go out and buy a gun, then immediately kill someone with it. If they're suicidal, then other steps are far more important than restricting gun rights.
Meanwhile, waiting periods put lives in danger as many people may seek a firearm only when faced with a specific threat, such as a stalker. They often don't think about a gun until then, but these laws mean they have to wait until the period is over, which might well end up being too late.
So not only is a waiting period unconstitutional, it's a terrible idea when it comes to public safety.
Then again, what gun control law isn't?
