(The Center Square) – Maine lawmakers are putting off any changes to the state’s 72-hour waiting period for gun purchases until next year while a lawsuit over the law’s constitutionality plays out in federal court.
The Legislature’s Judiciary Committee unanimously voted on Friday to “carry over” Legislative Document 208, filed by House Minority Leader Billy Bob Faulkingham, R-Winter Harbor. The proposal would repeal the law passed just last year that requires gun buyers to wait 72 hours to acquire a firearm – even if they pass a required criminal background check.
“We know that this law is unconstitutional because a court has said so,” Faulkingham said in a social media post. “What this bill does is put our laws back in line with the constitution.”
The Democratic-majority panel voted to table Faulkingham’s bill and a similar Republican proposal to repeal the waiting period until next year, citing the ongoing legal challenge.
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, but a federal appeals court last week denied the state’s request to allow the law to go into effect while the lawsuit is being considered.
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.
“Responsible gun owners should never have to wait to exercise the right to defend themselves and their property, and the 72-hour waiting period law is an affront to that right the likes of which has never been seen in our state,” the group said.
