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Maine's Mandatory Firearm Waiting Period Faces Legal Setback

Author: Nick Miles | Publish Date: Feb 22, 2025

A federal district court has dealt a significant blow to Maine's recently enacted firearms legislation, issuing a preliminary injunction against the state's controversial 72-hour waiting period for gun purchases.

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Shifting Tides in the Pine Tree State

Maine, historically known for its permissive firearms policies including constitutional carry and minimal restrictions on semi-automatic weapons, has witnessed a notable shift in its regulatory landscape. Recent legislative efforts have signaled a departure from the state's traditional stance. Following an unsuccessful attempt to prohibit bump stocks and the introduction of the GOSAFE Act, which sought to implement magazine capacity limits and restrict home-built firearms, Maine legislators pushed through a mandatory three-day waiting period for all firearm transactions in 2024.

Impact on Local Gun Culture

The waiting period requirement created immediate ripples through Maine's hunting and sporting communities. Under the law, purchasers faced a mandatory 72-hour delay between initiating a firearm purchase and taking possession of their weapon. This restriction extended to gun show transactions, significantly disrupting the traditional firearms marketplace and affecting both dealers and buyers. For Maine's substantial hunting community, the law presented particular challenges, especially during time-sensitive hunting seasons.

Legal Challenge and Judicial Response

The law faced swift opposition from multiple stakeholders who joined forces in a legal challenge. U.S. District Court Judge Lance Walker's February 13th ruling marked a significant development in the ongoing litigation. While not striking down the law entirely, Walker's preliminary injunction temporarily suspends its enforcement pending final resolution of the case.

Constitutional Questions

A key point of contention emerged during early proceedings when state attorneys argued that while the Second Amendment protects the right to bear arms, it doesn't necessarily guarantee the right to acquire them. This interpretation met with apparent skepticism from Judge Walker, leading to the temporary suspension of the waiting period requirement.

Political Paradox

Perhaps most intriguing is Governor Janet Mills' position on the legislation. Despite signing the measure into law, Mills had previously expressed doubts about its constitutional validity. This apparent contradiction raises questions about the political calculus behind the law's implementation and its prospects for survival under judicial scrutiny.

As this legal battle continues to unfold, the outcome could have significant implications for similar legislation across the country and the broader debate over firearms regulation in traditionally gun-friendly states.