“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 lawsuit alleges.
Gun rights activists in Maine have filed a federal lawsuit seeking to prevent the state from enforcing a mandatory three-day waiting period on new firearm purchases.
According to the Portland Press Herald, the plaintiffs include Maine state Rep. James White, a Republican lawmaker who owns a store that sells guns. He, like his co-plaintiffs, says that the waiting period is both unnecessary and unconstitutional.
“[The law] does not purport to be tethered to the time it takes to conduct a background check, or any other investigatory efforts into whether someone is disqualified from exercising Second Amendment rights,” the lawsuit alleges. “To the contrary, it forces law-abiding citizens to wait 72 hours to acquire a firearm even if they pass the requisite background check in a matter of minutes, which most people do.”
The law, writes the Press Herald, is one of several gun-control measures approved by the Maine legislature after an October 2023 mass shooting in Lewiston left 18 dead and another 13 injured.
The plaintiffs appear to be receiving legal support from several industry-advocacy organizations, including the Sportsman’s Alliance of Maine and the Gun Owners of Maine.
“Everyone at the State House was warned that we had concerns with this,” SAM Executive Director David Trahan told the Press Herald in an interview. “Really, all we’re doing is following through on what everyone at the State House should have known was coming.”
Laura Whitcomb, the president of the Gun Owners of Maine, separately told WMTW that there are many situations in which prospective firearm purchasers shouldn’t be required to wait 72 hours. Whitcomb provided the example of victims of domestic violence.
Hunting guides also observed that out-of-state hunters sometimes need to purchase firearms on short notice.
“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 lawsuit alleges.
Maine Attorney General Aaron Frey, named as a defendant in the lawsuit, has since said that he looks forward to defending the law in federal court.
“We look forward to defending this important public safety law,” Frey said. “Waiting periods have been upheld across the country as a reasonable, limited regulation that does not infringe on Second Amendment rights.”
Some firearm safety advocates have also criticized the measure, saying that Maine’s law has the potential to save lives.
“We know 72-hour waiting periods are effective at reducing gun deaths, both suicides and homicides, in the states where they have been passed,” said Maine Gun Safety Coalition leader Nacole Palmer. “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 a crisis.”
The bill’s sponsor, Maine state Sen. Peggy Rotundo (D-Lewiston), also said that enforcement of the law would likely help prevent suicides by firearm.
Sources
Gun groups sue to overturn Maine’s three-day waiting period to buy firearms
Gun rights advocates file lawsuit challenging 72-hour waiting period
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