If plaintiffs sue a state over a controversial law and officials agree with the litigants that the statute is unconstitutional, shouldn’t that be sufficient cause to wipe away the provision?
Not in Florida.
Complete agreement between plaintiffs and state not enough to erase bad law
On Wednesday, a federal judge rejected ending the Sunshine State’s three-day waiting period for taking possession of a lawfully purchased firearm. U.S. District Judge Steven D. Merryday brushed aside the motion supported by both sides.
Instead, he invited interested parties to submit amicus briefs as friends of the court by February 1, 2027. The guest list includes Florida’s governor, both legislative chambers, and two virulent anti-Second Amendment groups, Brady and Giffords.
Merryday used a novel approach to derail the joint motion. Since neither party argued against eliminating the waiting period, they cannot implement settlement protocols to prompt a federal judge to rule against the law.
Four Florida citizens who are gun owners, two gun shops, and the National Rifle Association sued to eliminate the arbitrary cooling-off period. In early June, the state defendants proposed an agreement to settle the controversy in favor of gun rights.
Later that month, both the plaintiffs and defendants petitioned the court to acknowledge that the Florida law is unconstitutional and to pay attorney fees and costs but no damages.
Fair to both.
Pair of anti-2A outfits invited to weigh in on waiting period
But not to the federal judge, who cited the lack of “concrete adverseness” between the formerly warring parties. Apparently, a volatile argument is required to invalidate an unconstitutional state statute.
The short-term result of the judge’s action, or inaction, is that Florida’s three-day waiting period remains in effect. That and two rabidly anti-gun groups now get a seat at the table for Dunn v. Glass.
There’s no better way to show your patriotism than with merch that speaks before you do.
Defend America is more than a name, it’s a stand for freedom, resilience, and the values this country was built on. Every tee, hat, and mug is a symbol of unapologetic pride. Wear it loud, wear it proud, and let the world know: freedom isn’t negotiable.
Click the link below to join the movement.