First Circuit Court Upholds Maine’s 72-Hour Firearm Waiting Period Law Amid 2A Challenge

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Just when we thought the NYSRPA v. Bruen decision had drawn a clear line in the sand for Second Amendment protections, the First Circuit Court of Appeals drops a unanimous bomb, upholding Maine’s draconian 72-hour waiting period for firearm purchases. In a ruling handed down in early April 2026, the court reversed a district judge’s temporary injunction, claiming this “cooling off” nonsense aligns with our nation’s “historical tradition” of gun regulation. Folks, this is judicial activism dressed up in robes, and it’s a direct assault on your God-given right to keep and bear arms.

Graphic of a gavel striking down a Second Amendment shield with a 72-hour hourglass in the background

The Case: What Went Down

It all stems from Maine Family Policy Council v. Maine, where 2A advocates challenged the state’s 2023 law imposing a three-day wait between buying a gun and taking it home. A district court initially saw through the BS and blocked it temporarily, recognizing the obvious: law-abiding Mainers shouldn’t have to twiddle their thumbs while anti-gunners play pretend with public safety. But the First Circuit? They said “nah,” arguing the wait doesn’t “severely burden” the right and fits some vague historical pigeonhole.

Under Bruen, courts must ask two questions: Is the conduct covered by the Second Amendment? (Yes.) Does the regulation match our history and tradition? The appeals court twisted itself into knots claiming 18th- and 19th-century laws on “dangerous” people or sales to minors somehow justify delaying every purchase today. Give me a break—this is apples-to-oranges revisionism at its finest.

Why Waiting Periods Are a 2A Travesty

Waiting periods don’t stop criminals; they disarm the good guys. Your average felon doesn’t waltz into a gun shop with ID in hand—they steal or straw-purchase. This law punishes the 99% who follow the rules, forcing hunters to wait extra days before heading into the woods, or women in dangerous situations to beg for permission to defend themselves.

History? Show me one colonial law saying “hold your musket for 72 hours, Johnny.” Sure, there were surety laws or bans on sales to the “dangerous,” but those targeted threats, not blanket delays on all transactions. The Founders knew urgency in self-defense; they didn’t invent red tape. Post-Bruen, courts like the First Circuit are cherry-picking outliers to greenlight modern infringements. It’s the “sensitive places” dodge all over again.

  • No real public safety gain: Studies from California and elsewhere show waiting periods don’t reduce suicides or homicides meaningfully.
  • Immediate needs ignored: Break-ins, stalkers, riots—threats don’t schedule around bureaucracy.
  • Slippery slope: 72 hours today, 7 days tomorrow, permits next. Maine’s already flirting with red flag laws.

Collage of Founding Fathers with muskets contrasting modern bureaucratic red tape and hourglasses blocking firearms

The Bigger Fight: SCOTUS, States, and You

This isn’t the end. Expect an en banc rehearing or cert to the Supreme Court—Bruen demands better than this. Meanwhile, states like New Hampshire (permitless carry heaven) show freedom works. Maine Republicans are already pushing repeal; contact your reps, join the MFPC, and support groups like GOA and FPC fighting in court.

2A warriors, this ruling stings, but it’s fuel for the fire. The right to arms isn’t a privilege granted by judges—it’s etched in our founding charter. Stay vigilant, stay armed (where you can), and keep the pressure on. The tide is turning; don’t let activist courts drag us back.

Stay strapped, stay free.

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