PORTLAND, ME — A federal judge has ruled against Maine’s recently enacted 72-hour waiting period for firearm purchases, granting a preliminary injunction that halts enforcement of the law. The decision, issued by Chief U.S. District Judge Lance E. Walker on February 13, 2025, found that the waiting period violates the Second Amendment by restricting citizens’ ability to acquire firearms without historical precedent.
Background on the Law and Challenge
Maine’s waiting period law, which was set to take effect on August 9, 2024, required gun buyers to wait 72 hours before taking possession of their purchased firearm. The law exempted certain groups, including law enforcement officers and firearm dealers, but applied broadly to the general public.
A coalition of Maine citizens, federally licensed firearm dealers, and firearm trainers challenged the law, arguing that it imposed an unconstitutional delay on the right to keep and bear arms. Plaintiffs included individuals such as Andrea Beckwith, who claimed the waiting period could endanger those needing immediate access to a firearm for self-defense, particularly domestic violence victims.
Attorney General Aaron Frey defended the law, arguing that waiting periods—often referred to as “cooling-off periods”—reduce impulsive acts of violence and suicide. He cited studies suggesting that states with similar laws experience lower rates of gun-related deaths.
The Court’s Ruling
Judge Walker ruled in favor of the plaintiffs, determining that the law was inconsistent with the nation’s historical tradition of firearm regulation. In his decision, he made the following key points:
- The right to “keep and bear arms” includes the right to acquire firearms, meaning any restriction on purchasing delays the exercise of that right.
- Unlike background checks, which serve a specific and objective purpose, the waiting period imposes an arbitrary delay without an individualized determination of risk.
- The state failed to provide historical examples of similar firearm restrictions, as required under the Supreme Court’s Bruen decision.
- The waiting period applies universally, even to buyers who pass a background check instantly, which Judge Walker characterized as an unconstitutional burden.
“The Second Amendment’s plain text covers the acquisition of firearms, and the state has not demonstrated that its waiting period law is consistent with this Nation’s historical tradition of firearm regulation,” Walker wrote in his opinion.
Implications and Next Steps
The ruling prevents Maine from enforcing the waiting period while the case continues through the legal process. While this decision is preliminary, it strongly suggests the law will be struck down permanently.
The case could set a precedent for challenges to similar laws in other states, especially as courts continue to apply the Supreme Court’s Bruen ruling, which requires firearm regulations to align with historical traditions.
Takeaway for Gun Owners
This ruling reinforces that delays in exercising Second Amendment rights must be justified by historical precedent. While background checks remain widely accepted, blanket waiting periods that impose delays on all buyers—regardless of circumstances—may struggle to withstand legal challenges.
For those concerned about self-defense, this case highlights the importance of securing firearm access before an emergency arises. If a law-abiding citizen waits until they face an immediate threat, a waiting period could prevent them from defending themselves when it matters most.
This case is expected to continue in court, but for now, Maine residents will not be subjected to the 72-hour waiting period.
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