In a surprising twist from one of the most anti-gun federal jurisdictions in America, the First Circuit Court of Appeals in Boston denied Maine’s request to reinstate a newly passed 72-hour waiting period for firearm purchases. The law, which was allowed to pass without Governor Janet Mills’ signature, is now paused while a constitutional challenge works its way through the court system. According to Maine Public reporter Kevin Miller, the appeals court refused to grant Attorney General Aaron Frey’s motion to temporarily reimpose the law, stating he hadn’t shown a strong enough likelihood of success on appeal to justify such a move.
Judge Walker’s Original Injunction Holds Steady
This decision stems from an earlier ruling by U.S. District Court Judge Lance Walker, a Trump appointee, who called the waiting period “indiscriminate” because it applied to all gun buyers – even those who passed background checks and posed no threat. In February, Judge Walker issued a preliminary injunction blocking the enforcement of Maine’s law. As Kevin Miller noted, the judge’s stance was that a blanket delay on acquiring firearms, regardless of circumstances, likely violated the Second Amendment.
Three Biden-Appointed Judges Back the Injunction
The real shock came when the First Circuit panel, composed entirely of judges appointed by President Joe Biden, upheld Judge Walker’s injunction. As reported by attorney and gun rights advocate Mark W. Smith on his YouTube channel The Four Boxes Diner, this was a stunning decision from a court known for leaning heavily against Second Amendment claims. Smith described the First Circuit as “America’s worst anti-gun court,” noting that even the government of Mexico chose to file a lawsuit against U.S. gun manufacturers there because they believed it was the most favorable venue for anti-gun arguments.
The Court’s Rationale: No “Irreparable Harm” Justified Reinstating the Law
The First Circuit panel found that Attorney General Frey failed to demonstrate “a strong showing” that the lower court made a legal mistake. The judges also highlighted the AG’s lack of urgency – he hadn’t sought an expedited review, weakening his claim that lives were at immediate risk without the law in place. This detail, reported both by Kevin Miller and Mark W. Smith, was crucial in the decision to let the injunction remain.
Self-Defense Instructors and Gun Dealers Lead the Lawsuit
Those challenging the law include gun dealers and a self-defense school instructor. According to Maine Public, they argue that people who pass background checks and are not legally prohibited from owning firearms should not be subjected to arbitrary delays. Their position is that the Second Amendment guarantees not only the right to own and carry firearms but also the right to acquire them promptly.
Judge Walker’s Interpretation: A Direct Link to the Second Amendment
Mark W. Smith praised Judge Walker’s reasoning, explaining that Walker connected the right to “keep and bear arms” directly to the ability to acquire them. Walker argued that delaying firearm possession with a mandatory waiting period infringes upon this right. “Virtually everyone in America acquires their guns from buying them,” Smith explained. “If you’re forced to wait 72 hours after purchasing a gun, that’s a clear delay in exercising your right.”
A Powerful Analogy: What If This Was Free Speech?
Smith also offered a powerful analogy to underscore how unusual a 72-hour delay is: What if a citizen had to wait three days before being allowed to give a speech or post on social media? He compared the waiting period to forcing someone to sit on their words for 72 hours before being allowed to speak, write, or publish – a clear violation if applied under the First Amendment. This makes the Second Amendment delay seem just as unconstitutional.
Supporters Say Waiting Periods Save Lives
Despite the legal setback, supporters of the law argue it was designed to prevent impulsive acts like suicide or homicide. As Maine Public reported, the law was introduced after a tragic mass shooting in Lewiston, Maine, in October 2023, which left 18 dead. The legislation was part of a broader set of gun control reforms backed by the state’s Democratic majority.
Why This Case Could Set a National Precedent
Gun rights groups are closely watching this case as a potential test of waiting period laws nationwide. If the courts ultimately decide that such delays are unconstitutional, it could trigger challenges in other states with similar laws. This makes the First Circuit’s decision to uphold the injunction even more significant, especially given the political leanings of the panel involved.
A Rare Moment of Legal Balance
What makes this moment fascinating is not just the legal outcome – it’s who delivered it. Three Biden-appointed judges agreed with a Trump-appointed judge on a Second Amendment issue. That doesn’t happen every day. This shows that even in highly politicized environments, the constitutional text can sometimes cut through the noise. Whether it’s permanent or temporary, this pause on Maine’s law signals a real shift in how courts might be viewing gun rights after recent Supreme Court decisions.
Could the First Circuit Be Changing Its Tune?
Mark Smith pointed out that the First Circuit has no Republican-appointed judges. Not one. The fact that a panel from this court sided, at least temporarily, with gun rights advocates is, in Smith’s words, “nothing short of a miracle.” Maybe it’s just a cautious legal move, or maybe it signals that even traditionally anti-gun courts are starting to take Supreme Court precedent more seriously post-Bruen. It’s too early to tell, but the fingers-crossed optimism from the 2A community is real.
A Case to Watch, A Right to Defend
At the heart of this case is a simple question: Does the Second Amendment mean what it says? Can a government impose blanket delays on lawful gun buyers who pass background checks and seek to defend themselves or their families? Right now, the answer from one of the most unlikely judicial panels in the country is: not so fast. Whether that holds through the full appeal process remains to be seen, but for now, the Second Amendment has held its ground – even in Boston.
A former park ranger and wildlife conservationist, Lisa’s passion for survival started with her deep connection to nature. Raised on a small farm in northern Wisconsin, she learned how to grow her own food, raise livestock, and live off the land. Lisa writes about homesteading, natural remedies, and survival strategies. Whether it’s canning vegetables or setting up a rainwater harvesting system, Lisa’s goal is to help others live more sustainably and prepare for the unexpected.