A coalition of 24 state attorneys general led by Montana and the Arizona Legislature is urging the United States Supreme Court to review Maine’s mandatory 72-hour waiting period for firearm purchases. The legal challenge targets a state law that prevents licensed dealers from handing over a gun until three full days have passed, even if the buyer clears an instant federal background check.
Supreme Court Intervention Sought in Beckwith v. Frey
The coalition filed an amicus brief on September 28 in the case Beckwith v. Frey, supporting a petition submitted by gun owners and firearms businesses on August 25. The challenge argues that delaying possession for vetted buyers violates the Second Amendment. Montana Attorney General Austin Knudsen announced the filing of the friend-of-the-court brief on Tuesday, asserting that waiting periods infringe upon the core right to keep and bear arms. Maine Attorney General Aaron Frey’s office filed a waiver on September 24 indicating it will not respond to the petition unless the Supreme Court explicitly requests a response, which is a standard procedural step and not a legal concession.
Maine Enacts Waiting Period Following Lewiston Mass Shooting
Maine implemented the 72-hour waiting period on August 9, 2024, as part of a package of gun control measures passed in the wake of the October 2023 mass shooting in Lewiston. A federal judge initially blocked the law in February 2025. However, the First Circuit Court of Appeals lifted that injunction on April 3, ruling that the restriction is likely constitutional and returning the case for further proceedings. The appellate court’s reasoning focused on the distinction between keeping a firearm and acquiring one, concluding that purchase regulations fall outside the plain text of the Second Amendment. The court categorized the waiting period as a presumptively lawful sales condition comparable to objective licensing requirements.
State Coalitions Cite Historical Precedents and Circuit Splits
The 24-state coalition argues that the First Circuit’s ruling conflicts with the Supreme Court’s 2022 standard set in New York State Rifle & Pistol Association v. Bruen, which requires governments to justify gun restrictions by demonstrating a historical tradition of firearms regulation. The brief states that preventing a qualified buyer from taking possession of a purchased firearm directly impairs the right to keep arms. Supporting organizations, including the National Rifle Association and the Second Amendment Foundation, filed separate briefs pointing to 18th- and 19th-century records showing buyers could historically take firearms home immediately. Meanwhile, the Tenth Circuit reached a conflicting conclusion regarding New Mexico’s seven-day waiting period, ruling that firearm acquisition is protected conduct and that a delay is likely unconstitutional.
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