A petition seeking Supreme Court review of Maine’s three-day firearm-transfer waiting period has been filed. It cites a recent Tenth Circuit ruling that invalidated New Mexico’s seven-day waiting period.
The First Circuit had upheld the Maine statute by holding that the Second Amendment is not implicated, treating the delay as a presumptively valid commercial-sale condition under Heller instead of requiring historical analogues. Erin Murphy wrote the petition, which argues the delay stops people from taking possession of firearms they intend to keep and carry and therefore falls within the amendment’s text, requiring the state to identify matching historical regulations.
A Colorado federal judge this week heard arguments in a similar challenge to that state’s three-day waiting period, with plaintiffs also citing the New Mexico decision.