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Judge denies Attorney General’s request to immediately reinstate Maine’s 72-hour waiting period for gun purchases while appeal is pending


A federal judge in Maine has denied the state’s request to temporarily restore a 72-hour waiting period on gun purchases following a mass shooting in Lewiston in October 2023. The law, along with other gun safety reforms, was enacted by Maine lawmakers to prevent similar incidents. Chief U.S. District Judge Lance Walker sided with gun rights advocates who sued the state, stating that the law is likely unconstitutional and would infringe on Second Amendment rights.

The Office of the Maine Attorney General, Aaron Frey, quickly appealed Walker’s decision to the 1st U.S. Circuit Court of Appeals in Boston. Walker’s decision to pause the law was based on concerns that it may result in a loss of life that could have been avoided by enforcing the waiting period. However, he noted that the attorney general’s arguments did not consider a 2022 Supreme Court decision that struck down a similar law in New York.

Walker emphasized that the potential lifesaving benefits of the waiting period were no longer relevant in light of the Supreme Court ruling, and that it was important to uphold Second Amendment rights. The case is still pending before the appeals court, and the outcome will determine if the 72-hour waiting period will be reinstated in Maine.

Gun control advocates are disappointed by the judge’s decision, arguing that the waiting period is necessary to prevent impulsive gun purchases and reduce gun violence. On the other hand, gun rights advocates feel that the law infringes on their constitutional rights. The debate over the constitutionality of gun laws continues as the legal battle in Maine unfolds.

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