Maine Said 72-Hour Waiting Periods Were Mandatory—But a Federal Court Just Said That’s Unconstitutional.

A federal judge has struck down Maine’s recently enacted 72-hour waiting period on gun purchases, ruling it unconstitutional. U.S. District Judge Lance Walker issued an injunction halting enforcement of the law, arguing that the waiting period amounted to “indiscriminate dispossession” of law-abiding citizens.

His decision, as reported by Kevin Miller at Maine Public, aligns with Second Amendment advocates who argued that delaying firearm purchases without cause violates constitutional rights.

A Legal Blow to Gun Control in Maine

The ruling has sparked immediate reactions from both sides of the gun control debate. Supporters of the law insist that waiting periods save lives by preventing impulsive violence and suicides. Opponents, including several gun dealers and advocacy groups, maintain that the measure infringes on the right to keep and bear arms. The case now sets the stage for further legal battles, with Maine’s Attorney General considering an appeal.

Judge Walker’s Reasoning: An Overreach of Power?

Judge Walker’s decision hinges on the idea that acquiring a firearm is part of the constitutionally protected right to keep and bear arms. He dismissed the state’s argument that purchasing a gun is distinct from possessing one, stating in his ruling that “acquiring a firearm is a necessary step in the exercise of keeping and bearing a firearm” (Maine Public).

The ruling effectively puts the law on hold, meaning that for now, Mainers can continue purchasing firearms without the additional waiting period. Walker’s decision also emphasized that the law applied to all purchasers equally, regardless of whether they had already passed background checks. His use of the phrase “indiscriminate dispossession” suggests that the waiting period was a broad, catch-all measure rather than a carefully crafted policy to target high-risk individuals.

A Law Passed in the Wake of Tragedy

The 72-hour waiting period was part of a broader package of gun control measures passed in response to the Lewiston mass shooting in October 2023, which left 18 people dead. However, despite the emotional push behind the legislation, opponents argued that the waiting period was an ineffective solution that unfairly restricted lawful gun buyers as reported by News Center Maine.

Analyst Phil Hirschkorn, speaking on News Center Maine, pointed out that lawmakers, in an effort to address gun violence, stopped short of implementing an assault weapons ban but approved the waiting period with a narrow vote. The measure barely passed the state Senate and was allowed to become law by Governor Janet Mills without her signature.

The argument behind waiting periods has long been that they create a “cooling-off” period, potentially reducing acts of violence committed in the heat of the moment. However, critics argue that this assumption punishes all buyers equally, even those with legitimate self-defense needs.

A Right Delayed is a Right Denied?

Gun rights advocates quickly seized upon Judge Walker’s decision as a major victory. Jared Yanis of Guns & Gadgets 2nd Amendment News described the ruling as a “huge win” for Second Amendment supporters, arguing that waiting periods create unnecessary barriers for law-abiding citizens while doing little to stop criminals. He pointed out that criminals, who don’t purchase firearms through legal channels, are not affected by such laws.

This sentiment was echoed by Washington Gun Law’s William Kirk, who called the decision a “huge blow to waiting periods.” Kirk argued that Maine’s waiting period lacked historical precedent, making it unconstitutional under the Bruen decision, which requires modern gun laws to align with the nation’s historical firearm regulations.

The Broader Legal Implications

One of the biggest questions raised by this case is whether it sets a precedent for other states with similar waiting period laws. Currently, nine states and Washington, D.C., enforce waiting periods ranging from three days to two weeks. Many of these laws have been upheld in federal court, but Judge Walker’s ruling directly challenges those precedents (Maine Public).

If the ruling stands, it could embolden challenges to waiting periods in states like California, Illinois, and Vermont, where such laws have been in place for years. As gun rights YouTuber Florida Patriot noted, this case has the potential to escalate all the way to the Supreme Court. If higher courts agree with Walker’s interpretation, it could mark the beginning of the end for waiting periods nationwide.

Opposition and the Suicide Prevention Argument

Not everyone agrees with the ruling. The Maine Gun Safety Coalition, which supported the waiting period, expressed disappointment in Walker’s decision. Executive Director Nacole Palmer told Maine Public that they anticipated legal challenges but were surprised by the judge’s interpretation, noting that other courts have found waiting periods constitutional.

Palmer and other gun control advocates emphasize the role of waiting periods in preventing suicides. According to the Maine Center for Disease Control and Prevention, 87% of gun deaths in Maine in 2022 were suicides. Advocates argue that delaying firearm access can prevent impulsive suicides by giving individuals time to reconsider or seek help.

Maine Attorney General Aaron Frey defended the law in court, citing data suggesting that a waiting period could have prevented at least 12 suicides annually. Frey has stated that he is reviewing the ruling and considering next steps, which may include an appeal (Maine Public).

The Economic Impact on Gun Sellers

Beyond the constitutional debate, gun sellers in Maine have raised concerns about the economic impact of waiting periods. Several firearm dealers were plaintiffs in the case, arguing that the law had already hurt their businesses by discouraging impulse buys and complicating sales.

In the News Center Maine segment, a plaintiff described how the law had affected hunters, many of whom travel to Maine and expect to purchase firearms just before heading into the woods. With a 72-hour delay, that flexibility disappears, potentially driving business elsewhere.

What Happens Next?

For now, the waiting period is on hold, but the legal battle is far from over. Attorney General Frey could appeal the decision, which would move the case up to a higher court for further review. Meanwhile, the ruling could inspire similar lawsuits in other states where waiting periods are in effect.

The bigger question is whether the case could eventually land before the Supreme Court. Given the current composition of the Court, which has leaned in favor of broad Second Amendment protections in recent rulings, a national decision striking down waiting periods altogether is not out of the question.

An Unresolved National Debate

This case is just the latest in a long-running battle between gun control advocates and Second Amendment supporters. The ruling highlights the fundamental divide in how people interpret firearm regulations – are they a necessary tool for public safety, or an unconstitutional restriction on individual rights?

Washington Gun Law’s Kirk argues that laws like Maine’s reflect a broader pattern of government overreach, where restrictions are applied to law-abiding citizens without clear proof that they reduce crime. On the other hand, supporters of the law, like the Maine Gun Safety Coalition, insist that even minor delays can save lives.

A Significant Ruling

The ruling against Maine’s 72-hour waiting period is significant, but it’s just one chapter in an ongoing legal struggle. Judge Walker’s decision presents a direct challenge to waiting periods across the country, and if it holds up on appeal, it could reshape the national landscape of gun laws.

The real question is whether this decision signals a shift in how courts interpret the Second Amendment in the modern era. If the logic behind this ruling gains traction, waiting periods could be on the chopping block nationwide. But for now, all eyes remain on Maine as the state decides its next move.