Maine Legal Update: First Circuit Court of Appeals Upholds Maine’s 72-Hour Waiting Period Law

April 6, 2026
8:00 am

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On Friday, April 3, 2026, a three-judge panel of the U.S. Court of Appeals for the First Circuit dealt a stinging blow to Second Amendment advocates by upholding Maine’s 72-hour waiting period for firearm purchases. In a decision that reeks of judicial overreach, the court brushed aside challenges from gun owners and the Second Amendment Foundation, claiming the law passes muster under the Supreme Court’s Bruen framework by pointing to historical analogs like colonial-era cooling off periods—analogies as flimsy as a politician’s promise. This isn’t just a Maine problem; it’s a warning shot for the entire 2A community, signaling that anti-gun judges are twisting Bruen’s text-and-history test into a pretzel to greenlight modern infringements. Let’s break it down: Maine’s law forces law-abiding citizens to twiddle their thumbs for three full days before exercising their constitutional right to buy a gun, even with instant background checks clearing them. The court’s rationale? Vague nods to 19th-century laws delaying sales to drunkards or minors, ignoring that those targeted specific threats, not blanket delays on all adults. This is classic sleight-of-hand—equating a short wait with outright disarmament windows that history shows do nothing to stop impulsive crimes (FBI data consistently debunks the cooling off myth, with most gun violence involving illegally obtained firearms). For 2A warriors, the implications are crystal clear: without en banc review or SCOTUS intervention, this ruling emboldens blue-state tyrants from Massachusetts to California to pile on similar delays, eroding the core right to keep and bear arms for self-defense without government permission slips. The silver lining? This fight isn’t over. Maine’s gun owners now have ammunition for a cert petition to the Supreme Court, where Bruen’s ghost still haunts the liberal wing. In the meantime, the 2A community must rally—support SAF’s appeals, pressure Maine lawmakers for repeal, and vote out judges who treat the Bill of Rights like a suggestion. If we let this stand, waiting periods become the gateway drug to confiscation. Stay vigilant, armed, and vocal; the First Circuit just handed us a rallying cry.

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Let’s break it down: Maine’s law forces law-abiding citizens to twiddle their thumbs for three full days before exercising their constitutional right to buy a gun, even with instant background checks clearing them. The court’s rationale? Vague nods to 19th-century laws delaying sales to drunkards or minors, ignoring that those targeted specific threats, not blanket delays on all adults. This is classic sleight-of-hand—equating a short wait with outright disarmament windows that history shows do nothing to stop impulsive crimes (FBI data consistently debunks the cooling off myth, with most gun violence involving illegally obtained firearms). For 2A warriors, the implications are crystal clear: without en banc review or SCOTUS intervention, this ruling emboldens blue-state tyrants from Massachusetts to California to pile on similar delays, eroding the core right to keep and bear arms for self-defense without government permission slips.

The silver lining? This fight isn’t over. Maine’s gun owners now have ammunition for a cert petition to the Supreme Court, where Bruen’s ghost still haunts the liberal wing. In the meantime, the 2A community must rally—support SAF’s appeals, pressure Maine lawmakers for repeal, and vote out judges who treat the Bill of Rights like a suggestion. If we let this stand, waiting periods become the gateway drug to confiscation. Stay vigilant, armed, and vocal; the First Circuit just handed us a rallying cry.

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