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# Maine’s 72-hour gun waiting period remains in force after Supreme Court declines review
- URL: https://www.theamericanquorum.com/state-news-maine-2026-10-20-a/
- Published: 2026-10-20T12:24:30.000Z
- Updated: 2026-10-20T12:24:30.000Z
- Description: The Supreme Court declined to hear a challenge to Maine’s firearm waiting period on October 19. The law remains enforceable, but the order is not a new ruling on its constitutionality, and the underlying litigation continues.
- Author: News Desk
- Tags: Policy, Maine

Maine’s 72-hour waiting period for firearm deliveries remains in effect after the U.S. Supreme Court declined on October 19 to hear a challenge brought by gun buyers and businesses. The court’s [order list](https://www.supremecourt.gov/orders/courtorders/101926zor%5Fq8l1.pdf?ref=theamericanquorum.com) records the denial in *Beckwith v. Frey*; [Maine reporting](https://mainemorningstar.com/2026/10/19/u-s-supreme-court-declines-to-hear-appeal-of-maines-72-hour-waiting-period-law-for-gun-purchases/?ref=theamericanquorum.com) independently confirms the action and the law’s continued enforcement.

The immediate result is continuity for covered transactions, not a new Supreme Court opinion declaring the statute constitutional. The justices’ order contains no merits analysis of this case. It leaves undisturbed an April 3 [appeals ruling](https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/25-1160P-01A.pdf?ref=theamericanquorum.com) that removed a preliminary injunction and sent the dispute back for further proceedings. That distinction matters when describing what Monday’s action actually decided.

## What the waiting period requires

Under the Legislature’s current [statutory text](https://legislature.maine.gov/statutes/25/title25sec2016.html?ref=theamericanquorum.com), a seller may not knowingly deliver a covered firearm sooner than 72 hours after the purchase-and-sale agreement. The waiting period runs concurrently with any delay imposed by a required background check. In practical terms, a completed background check does not itself eliminate the separate delivery restriction when the transaction falls within the law.

The [law specifies](https://legislature.maine.gov/statutes/25/title25sec2016.html?ref=theamericanquorum.com) exceptions, including qualifying sales involving law-enforcement or corrections officers, sales to firearm dealers, certain family transactions, antiques and specified collector transactions. It also exempts sales for which federal or state law does not require a background check. Those provisions mean the rule should not be described as covering every transfer without exception.

The same statute directs penalties at sellers: a first violation carries a civil fine of $200 to $500, with subsequent adjudicated violations carrying $500 to $1,000 fines. For buyers and businesses arranging a covered transaction, the operative distinction remains the timing of delivery rather than an outright prohibition on purchasing a firearm.

## The constitutional dispute continues

According to the First Circuit’s [opinion](https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/25-1160P-01A.pdf?ref=theamericanquorum.com), the challengers alleged interference with immediate self-defense, additional travel and business losses. Attorney General Aaron Frey defended the statute. The panel concluded that the law was likely constitutional because it briefly delays acquisition rather than preventing a law-abiding person from obtaining and possessing a firearm after the waiting period.

The Second Amendment Foundation and National Rifle Association took the opposing position in a September 22 [supporting brief](https://www.supremecourt.gov/DocketPDF/26/26-258/425185/20260922140518490%5F2026-09-22%20Brief%20of%20SAF%20and%20NRA.pdf?ref=theamericanquorum.com). They argued that restrictions on acquiring firearms implicate the constitutional right and require justification through historical tradition. That filing presents the groups’ advocacy, not a judicial finding; their disagreement with the panel explains why they sought Supreme Court intervention.

The [court record](https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/25-1160P-01A.pdf?ref=theamericanquorum.com) places the law among measures adopted after the 2023 Lewiston mass shooting and describes its purpose as reducing harm following impulsive purchases. That legislative purpose is distinct from proving any particular effect of Maine’s law. Monday’s [denial](https://www.supremecourt.gov/orders/courtorders/101926zor%5Fq8l1.pdf?ref=theamericanquorum.com) neither supplies that evidence nor ends the underlying proceedings reported by [Maine Morning Star](https://mainemorningstar.com/2026/10/19/u-s-supreme-court-declines-to-hear-appeal-of-maines-72-hour-waiting-period-law-for-gun-purchases/?ref=theamericanquorum.com).