SCOTUS declines to weigh in on Maine’s 72-hour waiting period for gun purchases

(The Center Square) — Maine’s three-day “cooling off” period for firearm purchases remains in effect after the U.S. Supreme Court declined to consider a challenge to the controversial new requirement.The high court’s rejection leaves intact an April decision by the First Circuit Court of Appeals in Boston, which lifted a preliminary injunction blocking the 72-hour waiting period from going into effect after ruling that the requirement is likely constitutional.
The 72-hour “cooling off” period was a provision of a broader gun-control bill Democratic lawmakers passed through the House and Senate in response to the Oct. 25, 2023, Lewiston massacre. An Army reservist opened fire in a bowling alley and bar in Lewiston, killing 13 people and injuring 18 others.
Gov. Janet Mills, a Democrat, allowed the 72-hour waiting period to become law without her signature, saying she was “conflicted” over the measure after considering both sides of the gun control debate.
The restrictions prompted a lawsuit by a coalition of gun rights groups who say they violated the constitutional rights of lawful citizens and were inconsistent with the nation’s history of firearm regulation.
In February, U.S. District Court Judge Lance Walker issued a temporary injunction blocking the law after siding with gun sellers who filed a lawsuit claiming the restrictions are unconstitutional.
In his ruling, Walker sided with the Sportsman’s Alliance of Maine and several gun sellers who argued that the law violates the Second Amendment. Walker said the waiting period is “indiscriminate” because it applies to all firearm purchasers regardless of whether they pose a threat, and said the plaintiffs are “likely to succeed” on the merits of the case.
Attorney General Aaron Frey has appealed the ruling, and in April the First Circuit Court of Appeals ruled against a previous decision blocking the law from being enforced.
The National Rifle Association and Sportsman’s Alliance of Maine filed a petition to the high court, asking it to overturn the previous ruling and declare that the waiting period is unconstitutional under federal law.
Lawyers for the petitioners, which included several Maine firearm retailers, argued that the three-day waiting period was unconstitutional based on the nation’s history of firearm regulations and recent high court rulings.
The case now heads back to the U.S. District Court in Maine for further proceedings.
Gun control groups welcomed the Supreme Court’s decision not to intervene in the case, saying the waiting period is aimed at preventing suicides and gun violence in the state.
“We know from reporting from the Department of Public Safety that Maine’s 72-hour waiting period has already worked to save lives from preventable gun deaths in our state,” Nacole Palmer, executive director of the Maine Gun Safety Coalition, said in a statement. “Despite the gun lobby’s best efforts, our waiting period law will continue to save lives and we expect and hope that it will continue to be upheld.”
But Larry Keane, senior vice president for government affairs at the National Shooting Sports Foundation, told WVOM’s “Voice of Maine” talk show Tuesday morning that the legal challenge “goes on” and vowed to continue to push to overturn the waiting period. He said claims that the Supreme Court upheld the law are inaccurate.
“The case is not over,” Keane said. “The only thing the Supreme Court decided was not to hear the appeal at this point in time. They did not make any decisions about the merits of the case. So it goes on.”

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