Gun rights groups in Maine are taking legal action against the state’s new 72-hour waiting period for firearm purchases, claiming it violates constitutional rights.
At a Glance
- A coalition of gun rights advocacy groups has filed a lawsuit challenging Maine’s 72-hour waiting period for firearm purchases.
- The plaintiffs argue that the law is unconstitutional and inconsistent with the Second Amendment’s original meaning.
- Maine is one of twelve states with a waiting period for gun purchases, intended to prevent impulsive acts of violence.
- The law was enacted in response to a mass shooting in Maine in October 2023 that resulted in 18 deaths.
- Supporters of the law claim it will reduce gun-related deaths, including suicides and homicides.
Gun Rights Groups Challenge Maine’s New Firearm Waiting Period
A coalition of gun rights advocacy groups, including the Sportsman’s Alliance of Maine, Gun Owners of Maine, and the National Shooting Sports Foundation, has filed a lawsuit against Maine’s new 72-hour waiting period for firearm purchases. The groups argue that this law, which took effect in August, unconstitutionally delays purchases for individuals who have already successfully completed background checks, thereby violating their Second Amendment rights.
The lawsuit cites a 2022 U.S. Supreme Court ruling on gun restrictions to support their claim that requiring a waiting period after passing a background check is illegal. The plaintiffs contend that the waiting period is inconsistent with the Second Amendment’s original meaning and is a modern regulatory innovation without historical precedent.
Debate Over Waiting Period’s Effectiveness
Maine is now one of twelve states with a waiting period for gun purchases, a measure intended to prevent impulsive purchases that could lead to harm. The law was part of several gun control measures passed in the wake of a mass shooting in Maine in October 2023, which resulted in 18 deaths and 13 injuries.
“This law is nothing more than an attempt to deny law-abiding Mainers their constitutional rights while doing nothing to stop criminals who ignore these ineffective laws,” says Lawrence G. Kean, of the National Shooting Sports Foundation.
Critics of the waiting period argue that it could delay necessary gun purchases, such as for domestic violence victims or hunters visiting the state. The lawsuit includes plaintiffs such as gun sellers, gunsmiths, and a domestic abuse victim who claim the law harms their rights and safety.
Supporters Defend Law’s Potential to Save Lives
Proponents of the waiting period, including Attorney General Aaron Frey, argue that such measures are reasonable regulations that do not infringe on Second Amendment rights. The Maine Gun Safety Coalition supports the law, citing evidence that waiting periods reduce gun deaths, including suicides and homicides.
“We know 72-hour waiting periods are effective at reducing gun deaths, both suicides and homicides, in the states where they have been passed. In Maine, a state where suicide is the leading cause of firearm death, especially for men, this law will save lives and save families from losing a loved one in crisis,” Nacole Palmer, head of the Maine Gun Safety Coalition, wrote in a statement.
State Senator Peggy Rotundo, the bill’s sponsor, believes the waiting period will reduce firearm-related suicides in Maine. She noted that 50% of Maine’s 277 suicides in 2021 involved a firearm, underscoring the potential impact of this law on public safety.
Legal Battle Unfolds
The coalition of gun rights groups is seeking to pause the enforcement of the waiting period pending the lawsuit’s outcome. They argue that the law is an unnecessary delay, as background checks can typically be completed in minutes. The complaint suggests that the waiting period assumes potential buyers have harmful intentions, which the plaintiffs view as an unjustified infringement on their rights.
“Responsible gun owners should never have to wait to exercise the right to defend themselves and their property, and the 72-Hour waiting period law is an affront to that right the likes of which has never been seen in our state,” the Sportsman’s Alliance of Maine states.
As the legal battle unfolds, both sides remain firm in their positions. Gun rights advocates see the law as an unconstitutional barrier to exercising their Second Amendment rights, while supporters maintain that the waiting period is a reasonable measure that can save lives without infringing on those rights. The outcome of this lawsuit could have significant implications for gun control measures in Maine and potentially influence similar debates across the country.
