BANGOR, Maine — Maine gun rights groups are taking the state to court over a newly implemented 72-hour waiting period for firearm purchases, arguing the law violates the rights of law-abiding gun owners.
The Gun Owners of Maine and the Sportsman’s Alliance of Maine officially filed their federal lawsuit, backed by the National Shooting Sports Foundation and represented by prominent Second Amendment attorneys from Clement & Murphy. This legal challenge aims to overturn what is decidedly an unconstitutional burden on the right to self-defense.
“Responsible gun owners should never have to wait to exercise the right to defend themselves and their property,” said the coalition in a statement, describing the law as an unprecedented restriction in Maine.
The 72-hour waiting period law, which passed in April, became effective on August 9 after Governor Janet Mills, despite expressing reservations, allowed it to take effect without her signature.
The lawsuit names six plaintiffs, including Rep. James White, a Republican gunsmith from Guilford, and Andrea Beckwith, a firearms instructor and domestic abuse survivor. According to the legal complaint, Beckwith now has to tell vulnerable clients seeking immediate protection that they will face a three-day wait to legally obtain a firearm.
“Three days could be life or death for someone in immediate danger,” the lawsuit states. “This waiting period does nothing to speed up or improve background checks. It simply forces lawful citizens to wait even if they pass the check within minutes, which most do.”
Maine lawmakers narrowly passed the waiting period law as a response to the tragic Lewiston shooting in October 2023. Advocates for the law argue that a “cooling-off period” can reduce impulsive acts, including suicides, which account for the majority of gun deaths in Maine. But gun rights advocates point to the lack of data supporting this claim.
Attorney General Aaron Frey, listed as the defendant, has yet to comment on the lawsuit. However, a citizen-led effort is gathering support for additional gun restrictions, including a potential red flag law allowing family members to request a court order to restrict firearm access for individuals deemed dangerous.
Similar waiting periods and challenges are emerging in states across the country. Once proven unjust, the outcome will have significant implications for Maine and Second Amendment rights nationwide.
