Law-abiding Maine gun buyers will now be forced to wait three days before taking possession of legally purchased firearms after a federal appeals court reversed a lower court ruling that had blocked the state’s controversial waiting period law.
The U.S. Court of Appeals for the First Circuit ruled that Maine’s 72-hour waiting period is likely constitutional and may be enforced while legal challenges continue. The decision overturned a temporary block imposed by a federal district court judge who had sided with a group of gun owners and dealers arguing the law violates the Second Amendment.
The appeals court acknowledged the law does place a burden on gun owners but stopped short of calling it an outright infringement. “In our view, this likely renders the Act a burden on, but not an infringement of, the Second Amendment right to keep and bear arms,” the court wrote — a distinction gun rights advocates immediately rejected as legally and practically meaningless.
The waiting period was passed by the Maine Legislature in the aftermath of the 2023 Lewiston mass shooting, the deadliest mass shooting in Maine history, which claimed 18 lives. The law requires gun sellers to hold firearms for 72 hours before transferring them to a buyer, with limited exceptions. Supporters argued the delay could reduce impulsive acts of violence and suicide.
The National Rifle Association wasted no time condemning the ruling, calling it “outrageous” and “an affront both to the Constitution and common sense.” (RELATED: Flip-Flop Or Political Play? Governor Mills Embraces Millionaires Tax She Once Opposed Amid Senate Primary Bid)
Critics argue the ruling punishes responsible, law-abiding citizens — the very people most likely to purchase firearms through legal channels — while doing nothing to stop criminals who obtain guns illegally and have no intention of waiting in line at a licensed dealer. A 72-hour delay does nothing to protect a domestic violence victim who needs immediate access to a firearm for self-defense, gun rights advocates note.
The case now returns to the lower court for further proceedings, but Maine’s 72-hour waiting period will remain in force in the meantime. With the NRA signaling its intention to pursue the matter to the U.S. Supreme Court, the legal battle over Maine’s gun waiting period is far from over — and its outcome could have implications for similar laws in states across the country.
