SCOTUS Lets Maine's Three-Day Gun Wait Stand, Splits Circuits
The U.S. Supreme Court refused on October 19 to hear Beckwith v. Frey, leaving Maine's three-day hold between a passed NICS background check and the actual transfer of a firearm in force. The justices issued the denial without written comment. That silence locks in a First Circuit decision holding that acquiring a gun falls outside the plain text of the Second Amendment. Maine's rule took effect in 2024, after a gunman killed 18 people and wounded 13 in Lewiston in October 2023. The denial leaves a clear conflict with the Tenth Circuit and no national answer on whether the government can make a buyer wait for a gun he already cleared the check to buy.
Key Details
The case reached the high court after several rounds of litigation. Here are the facts that matter:
- Docket: Beckwith v. Frey. Certiorari denied October 19, with no explanation from the Court.
- Law challenged: Maine's mandatory three-day wait between a passed NICS check and transfer.
- Effective date: 2024.
- Trigger: The October 2023 Lewiston mass shooting, which killed 18 and injured 13.
- Timing gap: The shooter bought the rifle used in the attack three months before he fired it. A waiting period would not have stopped him.
- Early 2025: The U.S. District Court for the District of Maine granted a preliminary injunction under the Bruen framework. It found acquisition falls within Second Amendment protection and that Maine failed to show a historical justification for the wait.
- First Circuit reversal: The appeals court vacated the injunction, holding that the plain text of the Second Amendment does not cover firearm acquisition.
- Tenth Circuit split: In Ortega v. Grisham, the court reviewed New Mexico's Waiting Period Act, which imposes a seven-day wait. It held the wait burdens protected conduct, found no historical analogue, and remanded with instructions to enter an injunction.
Background
The fight traces to New York State Rifle & Pistol Association v. Bruen in 2022. That decision requires the government to point to a historical regulation that is analogous to a modern gun law. Courts across the country have since used that test to strike or uphold dozens of firearm restrictions. Waiting periods became the newest front because they sit between two lawful steps: passing a background check and taking possession. Federal law already requires a NICS check for most licensed dealer sales, and those checks usually return in minutes. State waiting periods add days on top of that. Maine lawmakers adopted their hold in direct response to Lewiston, even though the shooter had already completed his purchase months earlier. The lower courts split on whether that timing matters. The First Circuit said acquisition is not protected text. The Tenth Circuit said acquisition is the core of the right to keep and bear arms, because a right to own a gun means little if the state can freeze the purchase.
Why It Matters for Gun Owners
If you buy a firearm in Maine, plan for a three-day delay after the check clears. That applies to dealer transfers and also changes how you schedule travel, gun shows, and private arrangements that route through a licensed dealer. Out-of-state buyers face the same hold. In New Mexico, the Tenth Circuit ruling means the seven-day wait is under a court order to be enjoined, but that outcome depends on the district court acting on the remand. Other states with waiting periods, including Colorado and California, now face the same argument. Gun owners in those states should track any new filings that cite Ortega v. Grisham. A circuit split is the strongest reason the Court eventually takes a case, but the Court has not said when that will happen. Until then, the law in your state is whatever your state enforces. Check your state's current waiting period before you travel or order a gun, and keep dealer receipts with dates stamped on them.
DownRange Analysis
The First Circuit's plain-text reading of acquisition is weak. Bruen asks whether the conduct falls within the text, and the text protects the right to keep and bear arms. A right to bear arms that the state can delay indefinitely is a right in name only. The Tenth Circuit's reasoning is the stronger position, and the historical record offered for waiting periods is thin. Denial of cert tells us nothing about the merits, so gun owners should not read this as a green light for Maine's law. The real signal is the split. Expect the challengers to file again, in Maine or elsewhere, with a cleaner record. For now, the practical move is simple. If you are buying in a waiting-period state, buy early, keep the paperwork, and contact your state legislators. Court wins come slowly. Legislative repeal can come faster.
