Gun Rights Advocates Sue Over 72-Hour Waiting Period Gun Law

Gun rights advocates in Maine are taking legal action against a new 72-hour waiting period for firearm purchases, claiming it infringes on constitutional rights and lacks historical precedent.

At a Glance

Gun rights groups are suing Maine over a new 72-hour waiting period for firearm purchases.
The lawsuit argues the waiting period violates Second Amendment rights and lacks historical basis.
Plaintiffs include gun advocacy groups, a domestic abuse survivor, and a firearms dealer.
Supporters argue the law will reduce gun-related suicides and impulsive acts of violence.
The measure was introduced following a mass shooting in Lewiston on October 25, 2023.

Legal Challenge to Maine’s Gun Purchase Waiting Period

Gun rights advocacy groups in Maine have launched a legal battle against the state’s newly implemented 72-hour waiting period for firearm purchases. The lawsuit, spearheaded by Gun Owners of Maine and the Sportsman’s Alliance of Maine, with support from the National Shooting Sports Foundation, argues that this measure infringes upon constitutional rights and lacks historical precedent.

The plaintiffs argue that the waiting period is inconsistent with the Second Amendment’s original meaning and cite a 2022 Supreme Court decision to bolster their case. The lawsuit contends that the measure is particularly burdensome in urgent situations, such as self-defense needs or last-minute hunting trips.

Gun rights groups filed a lawsuit that seeks to overturn the 72-hour waiting period law that Maine lawmakers passed after last year's mass shooting in Lewiston. https://t.co/yxzpAhKOz3

— CBS 13 News (@WGME) November 13, 2024

Origins and Support for the Waiting Period

The 72-hour waiting period was introduced by Maine’s Democratic-led government in response to a tragic mass shooting in Lewiston on October 25, 2023. Governor Janet Mills allowed the measure to pass without her signature, while Attorney General Aaron Frey has committed to defending it in court.

Supporters of the law, including the Maine Gun Safety Coalition, argue that waiting periods are effective in reducing gun-related deaths, particularly suicides. They point to evidence from other states where similar measures have been implemented. Democratic state Senator Peggy Rotundo highlighted that 50% of Maine’s 277 suicides in 2021 involved a firearm, underscoring the potential impact of this law.

Opposition and Concerns

Critics of the waiting period, including the plaintiffs in the lawsuit, argue that it unnecessarily delays Second Amendment rights and assumes that potential buyers have harmful intentions. They contend that the measure is ineffective in preventing crime and burdensome for law-abiding citizens.

“Nothing in our nation’s historical tradition of firearm regulation supports that kind of ‘cooling-off period’ measure, which is a 20th century regulatory innovation that is flatly inconsistent with the Second Amendment’s original meaning,” the plaintiffs’ legal team wrote.

The lawsuit also points out that background checks can typically be completed in minutes, making the 72-hour waiting period unnecessary. Gun rights advocates worry about the law’s potential impact on gun shows and express concern over its implementation.

Broader Context and Implications

Maine joins multiple other states with waiting periods for gun purchases, reflecting a growing trend in response to increased gun violence across the country. The measure is part of a broader effort to address firearm-related deaths and injuries, which have seen significant numbers in recent years.

As the legal challenge unfolds, it will likely set a precedent for similar laws in other states and contribute to the ongoing national debate over gun rights and public safety measures. The outcome of this case could have far-reaching implications for gun legislation across the United States.