Maine federal judge grants temporary injunction on ‘waiting period’ gun purchasing law News
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Maine federal judge grants temporary injunction on ‘waiting period’ gun purchasing law

A US federal judge in Maine granted a temporary injunction on Thursday to pause the implementation of a gun law that requires 72 hours to pass before the purchase of firearms can be completed.

Judge Lance Walker of the US District Court for the District of Maine found that the plaintiffs carried their burden of proving that they are likely to succeed on the merits of their Second Amendment claim, that they are likely to suffer irreparable harm absent interim relief, that the balance of equities tips in their favor, and that injunctive relief would serve the public interest.

Judge Walker found that the right to purchase arms is found in the plain text of the Second Amendment to the US Constitution’s enshrined “right to bear Arms” and that the state gun law dispossesses individuals of this right. The judge noted that the state was unable to provide an analogous case of firearm regulation within the nation’s history and that the act did not employ “a narrow, objective, or definite standard” to justify disarming individuals. He stated that the act’s waiting period is not sufficiently narrow because it applies to everyone wishing to purchase a firearm within the state.

The judge also found that the deprivation of the right to keep and bear arms for the purpose of self-defense qualifies as irremediable harm. He added: “Although members of the public undoubtedly feel that they have a genuine interest in curtailing the right to keep and bear arms, their interest is not exclusive and not one that can win out in terms of an interest-balancing exercise by a court that is sworn to uphold the Constitution.”

The plaintiffs now await a final review on the merits of their claim in federal court.

The Gun Owners of Maine celebrated the decision on Thursday, stating that it was “a great day for gun rights advocates.” Maine Attorney General Aaron Frey, however, denounced the ruling, stating:

The United States Supreme Court has made plain that regulations on the commercial sale of firearms, like Maine’s waiting period law, are presumptively lawful,” Frey said. “The law imposes a mere 72-hour delay in obtaining a firearm, and we presented undisputed evidence that by deterring impulsive purchases, firearm waiting periods save lives. It is estimated that in just one year, a waiting period law in Maine would have prevented 12 suicides.”

The gun regulation debate in Maine has expanded since a man killed 18 people in a 2023 shooting in Lewiston, Maine. The shooting is considered the worst mass shooting in US history for the deaf community, as four of the victims were deaf.

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