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Judge Temporarily Blocks Maine’s Gun Waiting Period

Judge Temporarily Blocks Maine’s Gun Waiting Period

Photo: 560 WGAN Newsradio, Associated Press/FILE - Customers shop in the firearms section at the Kittery Trading Post, Aug. 9, 2024, in Kittery, Maine. (AP Photo/Charles Krupa, File)


Gun buyers in Maine now have quicker access to firearms after a judge temporarily blocked the state’s 72-hour waiting period Thursday.

The judge heard arguments Tuesday on whether to hold up the waiting period while courts consider whether it violates the Second Amendment.

A group of gun owners and gun-related businesses filed a lawsuit in November seeking to overturn the state law, which was enacted after the Lewiston mass shooting. The suit was filed against state Attorney General Aaron Frey in U.S. District Court in Bangor.

Thursday’s decision by U.S. District Court Judge Lance Walker strongly sided with the plaintiff’s.

In a 17 page  document, the judge said it was likely the lawsuit would be successful based on the merits.

He said the acquisition of firearms is covered by the Second Amendment, disagreeing with the state’s contention that the Second Amendment only covers people who already possess firearms.

Judge Walker also said the 72-hour waiting period’s “cooling off period” is “inconsistent with nation’s historical tradition of firearm regulations.”

In addition, he said the waiting period would cause irreparable harm. “Persons most harmed by the waiting period are likely to be seeking to carry for self-defense in case of confrontation,” Judge Walker said.

The state is expected to appeal the judge’s decision on Thursday.

A statement released by the Maine Gun Safety Coalition said, “We’re confident the state will appeal and this poor decision that could cause more Maine families to lose loved ones to suicide will be overturned.”

The law passed by the state legislature in 2023 was meant to prevent impulsive actions and reduce suicide deaths by providing a “cooling off” period before people can purchase firearms.

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