Gun rights organizations in Maine have filed a lawsuit challenging the state’s new 72-hour waiting period for firearm purchases, claiming it violates the Second Amendment.
At a Glance
- Gun rights groups sue Maine over new 72-hour waiting period for firearm purchases
- Lawsuit argues the law is unconstitutional and unnecessary after background checks
- Plaintiffs include gun sellers, gunsmiths, and a domestic abuse victim
- Law was enacted in response to a mass shooting in Maine in October 2023
- Supporters claim waiting periods reduce gun deaths, including suicides and homicides
Gun Rights Organizations Challenge Maine’s New Waiting Period
Several gun rights organizations in Maine have taken legal action against the state’s recently enacted 72-hour waiting period for firearm purchases. The Sportsman’s Alliance of Maine, Gun Owners of Maine, and the National Shooting Sports Foundation are among the groups leading the charge, asserting that the law infringes upon the Second Amendment rights of law-abiding citizens.
The lawsuit contends that requiring a waiting period after an individual has successfully passed a background check is both unnecessary and illegal. The plaintiffs argue that the law is inconsistent with the original meaning of the Second Amendment and represents a modern regulatory overreach.
Constitutional Concerns and Practical Implications
Critics of the waiting period have raised concerns about its potential to delay necessary gun purchases, particularly for vulnerable individuals such as domestic violence victims. The lawsuit includes plaintiffs ranging from gun sellers and gunsmiths to a domestic abuse survivor, all of whom claim the legislation jeopardizes their rights and safety.
“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,” Lawrence G. Kean of the National Shooting Sports Foundation said.
The National Shooting Sports Foundation, a trade association for the firearms industry, argues that the law denies constitutional rights without effectively preventing criminals from obtaining firearms. They maintain that background checks can be completed within minutes, rendering the waiting period superfluous.
Support for the Waiting Period
Proponents of the law, however, including the Maine Gun Safety Coalition, say the waiting periods are effective in reducing gun-related deaths, including suicides and homicides. They cite evidence from other states where similar measures have been implemented.
“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,” head of the Maine Gun Safety Coalition Nacole Palmer stated.
State Senator Peggy Rotundo, who sponsored the bill, believes the waiting period will help reduce firearm-related suicides in Maine. She noted that 50% of Maine’s 277 suicides in 2021 involved a firearm, underscoring the urgency of addressing this issue.
Legal and Political Context
The law, which took effect in August, was enacted without the signature of Democratic Governor Janet Mills. It was part of a package of gun control measures passed in the aftermath of a tragic mass shooting in Maine in October 2023, which resulted in 18 deaths and 13 injuries.
“Waiting periods have been upheld across the country as a reasonable, limited regulation that does not infringe on Second Amendment rights,” Attorney General Aaron Frey said.
Maine now joins eleven other states that have implemented waiting periods for gun purchases. The lawsuit seeks to pause the enforcement of the law pending the outcome of the legal challenge.
