Danger doesn’t give you three days’ notice. When threats arise, the ability to defend yourself and your loved ones must be immediate. Yet in Florida, law abiding citizens are forced to wait three days before taking home a firearm, even after passing a thorough background check and paying for it.
This delay leaves people vulnerable during the exact window of time when they may need protection most. Self-defense is not a privilege handed out by the government. It is a fundamental right guaranteed by the Constitution. And in a world where everything is available on demand, the right to protect yourself should not be the exception.
That’s why Mountain States Legal Foundation, alongside the National Rifle Association, is standing up to challenge Florida’s waiting period law. We represent three courageous Floridians—Josiah Burnham, Jeremy Hesson, and Mitchell Dunn—whose stories show how these unconstitutional delays put ordinary people at risk.
Meet Our Client Mitchell Dunn
Mitchell is a new Florida resident working in Information Technology. With his recent move comes some unfamiliar territory—not in coding, but in personal safety. Afterall, the Florida landscape looks much different than Minnesota, both in wildlife and people. Determined to take his personal safety seriously, he walked into a local gun shop and picked out his first firearm. After paying for the firearm and passing the background check, Mitchell was now forced to wait a mandatory three days before he could take his new firearm home. Three days. Three nights. In the world of IT, Mitchell knows that instant solutions and fast problem solving is an absolute must. But as he left the gun store, he was forced to wonder why the same principles didn’t apply to his personal safety.
Join the Fight
Since 1977, MSLF has fought to protect private property rights, individual liberties, and economic freedom. MSLF is a nonprofit public interest legal foundation. We represent clients pro bono and receive no government funding. Make your 100% tax deductible contribution today and join the fight.
Case Background
Our challenge of Florida’s three-day waiting period is unique compared to our other two waiting period cases (Garcia v. Polis and Ortega v. Grisham) because we are challenging the waiting period on two separate fronts—and it is important to understand what that means.
- The Florida Constitution (1990) – In 1990, Florida voters approved a constitutional amendment requiring a three-day waiting period for all handgun purchases. This provision has been locked into the state constitution for 35 years. We argue that is directly conflicts with the U.S. Constitution and the Second Amendment’s protection of the right to self-defense.
- Florida Statute (2018) – Following the tragic Parkland shooting, the state legislature expanded the waiting period to cover all firearms: handguns, rifles, and shotguns. This law turned what was once a limited restriction into a sweeping delay for anyone seeking to purchase a firearm, no matter the circumstance.
So, when we say we are challenging this waiting period on two fronts, it means we are going after both the Constitutional provision and the state law—because they create arbitrary delays for people who may urgently need to defend themselves and violate the Second Amendment of the U.S. Constitution. Our legal challenge aims to restore the ability for law-abiding citizens to exercise their right to self-defense without unnecessary and dangerous delays.
What’s at Stake?
Your personal safety is at stake. A three-day waiting period may not seem like a long time to some people, but in moments of real and present danger, those 72 hours can mean the difference between survival and tragedy, life and death. When Americans are forced to wait for the right to defend themselves, it sends a clear message: your safety can wait. But the harsh reality is, it can’t. Today, when services, entertainment, and communication are all on demand, access to self-defense should be no different—because your self-defense isn’t just important; it’s a fundamental right. The stakes of these cases are high—not just for the person facing a threat, but for every citizen who believes in the right to protect themselves and their loved ones.
Mountain States Legal Foundation is proud to be partnering with the National Rifle Association in this case.
Case Timeline
August 25, 2025: MSLF files lawsuit challenging Florida’s law that forces citizens to wait three days to obtain a firearm after they have already passed the background check and completed the purchase.
March 20, 2026: MSLF filed an amended complaint, adding additional plaintiffs and defendants to the case.
