NSSF Celebrates Lawsuit Challenging Maine’s 72-Hour Delay on Second Amendment Rights
NSSF®, The Firearm Industry Trade Association, celebrated the announcement that a lawsuit has been filed against Maine’s Attorney General Aaron Frey, seeking declarative and injunctive relief from state authorities enforcing Public Law 2023, Chapter 678, Maine’s new 72-hour waiting period law that denies law-abiding Mainers the ability to take possession of a newly-purchased firearm after they pass an FBI National Instant Criminal Background Check System (NICS) verification. The Plaintiffs have moved for a preliminary injunction to halt enforcement of the law while the challenge is ongoing.
The 72-hour waiting period law was included in a larger gun control package that was enacted by Gov. Janet Mills in August. Several plaintiffs are challenging Maine’s 72-hour delay period by demonstrating that it violates their Second Amendment rights and are asking the court to strike down the law as unconstitutional.
The lawsuit against Attorney General Aaron Frey was filed by several individuals, federally licensed firearm dealers (FFLs), and an organization that provides firearm training. One of the plaintiffs is a domestic-abuse survivor and certified firearm instructor who offers self-defense classes to victims and survivors. The law now prevents the women she assists from adequately defending themselves against abusive partners who pose a credible and imminent threat to their physical safety, as it forces them to wait three days to secure a firearm even when they clear the NICS background check. Likewise, another plaintiff—a federally licensed firearm dealer—has been forced to delay sales to qualified individuals with time-sensitive needs, including a single woman who was being stalked and a married couple whose home was burgled. These stories are emblematic of the countless number of individuals whose rights have been denied and whose safety has been put in jeopardy due to Maine’s 72-hour waiting period. Read more
