SAF and NRA Push SCOTUS to Kill Maine's 72-Hour Wait
The Second Amendment Foundation and National Rifle Association jointly urged the Supreme Court to accept a case challenging Maine's 72-hour mandatory waiting period for firearm purchases. Both organizations filed an amicus brief September 2026 pressing SCOTUS to review the constitutionality of the state's law, which requires buyers to wait three days before taking possession of any gun regardless of background check results.
Key Details
The waiting period applies to all firearm purchases in Maine, even after an instant background check clears a buyer. The SAF and NRA brief argues the delay violates Second Amendment protections established in New York State Rifle & Pistol Association v. Bruen (2022). Both groups maintain the 72-hour requirement imposes an unconstitutional burden on the right to bear arms without historical precedent supporting such delays at the time of ratification.
Why It Matters for Gun Owners
A Supreme Court decision here could overturn similar waiting periods in multiple states beyond Maine. Washington, California, Florida, and Illinois all enforce 3 to 10-day waits. If SCOTUS accepts the case and rules against Maine, those laws face immediate legal challenge. For Maine residents specifically, the 72-hour hold blocks same-day purchases after background clearance. The combined firepower of SAF and NRA increases odds the Court takes the case—both organizations have successfully argued Second Amendment cases post-Bruen. A win here sets precedent; a loss signals the Court may not view waiting periods as unconstitutional per se.
DownRange Analysis
Bruen made historical tradition the test for gun regulations, and waiting periods have virtually no historical analog before the modern era. The SAF-NRA argument tracks legally. Maine's law fails rational basis review on its face—instant background checks exist precisely to confirm eligibility. Forcing a three-day hold after approval doesn't address any traditional governmental interest the Framers recognized. However, SCOTUS's cert docket remains selective. The Court may decline to hear this, preferring to let lower courts build a circuit split first. If they do accept, expect a 6-3 or 5-4 ruling striking the requirement. Gun owners in waiting-period states should monitor this brief's fate closely.
