A coalition representing various gun groups has initiated a lawsuit asserting that Maine’s recently established 72-hour waiting period for purchasing firearms is unconstitutional. They are also requesting a court order to halt the implementation of this law until the case is resolved.
The lawsuit, which has been filed on behalf of five plaintiffs, argues that requiring individuals who have passed background checks to wait three days before completing their purchase is unlawful. This stance is supported by a 2022 ruling by the U.S. Supreme Court, which revised the framework for evaluating gun regulations.
According to the attorneys representing the plaintiffs, “Our nation’s historical framework for firearm regulation does not endorse such a ‘cooling-off period’ measure, which is a modern regulatory concept that contradicts the original interpretation of the Second Amendment.” The lawsuit was formally submitted in federal court on Tuesday.
Maine is among approximately a dozen states that enforce waiting periods for firearm purchases, a policy also present in the District of Columbia. The state’s Democratic Governor Janet Mills permitted this restriction to become law without officially signing it, and it went into effect in August.
This waiting period law was enacted as part of several gun control initiatives by a Democratic-led Legislature following a tragic shooting incident that took place in October 2023, during which an Army reservist claimed the lives of 18 individuals and injured 13 more, marking it as the state’s most severe shooting incident.
Laura Whitcomb, who serves as the president of Gun Owners of Maine, stated on Wednesday that the lawsuit is spearheaded by a partnership between her organization, the Sportsman’s Alliance of Maine, and is further supported by the National Shooting Sports Foundation.
Critics of the waiting period regulation have raised concerns about cases where immediate access to firearms is crucial, such as in situations involving victims of domestic violence. Additionally, hunting guides in the state emphasized that individuals visiting Maine briefly for legal hunting purposes could lose the opportunity to procure a firearm due to the waiting period.
The plaintiffs in the case consist of gun sellers and gunsmiths claiming that their businesses are adversely affected, including a domestic abuse survivor who felt compelled to arm herself due to a lack of confidence in protective court orders. She recounted incidents of her abuser and his associates throwing rocks at her shelter while she slept with a gun nearby.
Nacole Palmer, the leader of the Maine Gun Safety Coalition, expressed her belief that the waiting period law will prevail against legal scrutiny. State Representative Peggy Rotundo, the bill’s sponsor, cited figures from the CDC indicating that half of the 277 suicides documented in Maine in 2021 involved firearms, expressing her conviction that the waiting period could help reduce such tragedies.
“I firmly believe that the 72-hour waiting period stands to save lives and spare many families the anguish associated with firearm-related suicides,” she stated.