Federal Appeals Court Upholds Maine's 3-Day Gun Purchase Waiting Period

The ruling reverses a lower court decision that had blocked the state's largest gun control law since the Lewiston shooting.

Apr. 4, 2026 at 7:26pm

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The 1st Circuit Court of Appeals in Boston has upheld Maine's 2024 law requiring a three-day waiting period after a federal background check to obtain a gun, reversing a previous decision by a Maine federal judge that had blocked the law on Second Amendment grounds. The appeals court ruled the law is 'a burden on, but not an infringement of, the Second Amendment right to keep and bear arms.'

Why it matters

The law was the most significant gun control measure adopted by Maine following the 2023 mass shooting in Lewiston that left 18 people dead and 13 wounded. Supporters argue the waiting period can help prevent impulsive acts of violence, especially suicide, which accounts for the majority of gun deaths in Maine.

The details

The appeals court panel said the three-day waiting period is a 'modest delay' and a 'non-abusive effort by Maine to address a documented problem' of gun violence. The law exempts law enforcement officers, buyers who are family members of the seller, and collectors of antique guns.

  • The 1st Circuit Court of Appeals issued its ruling on Friday, April 4, 2026.
  • The law was originally passed by the Maine legislature in 2024, following the October 2023 Lewiston shooting.
  • A federal judge in Maine had previously issued a preliminary injunction blocking the law in February 2025.

The players

Maine Attorney General Aaron Frey

Defended the law in briefs and oral arguments before the 1st Circuit panel.

Chief Deputy Attorney General Christopher Taub

Also defended the law in briefs and oral arguments before the 1st Circuit panel.

Erin Murphy

Attorney for the plaintiffs who challenged the law.

David Trahan

Executive director of the Sportsman's Alliance of Maine, which opposed the law.

Andrea Beckwith

Lead plaintiff and domestic violence survivor who trains women in self-defense.

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What they’re saying

“We're relieved to see the federal court of appeals make the correct decision in this case. Waiting periods between purchase and possession don't prevent anyone from exercising their right to own a gun. Instead, they prevent a valuable cooling off period that helps prevent impulsive acts of violence, especially suicide, the most common cause of gun deaths in Maine.”

— Maine Gun Safety Coalition

“I don't think it'll hold up in time, obviously. This isn't the end of the story, and we'll see what the next layer of court says.”

— David Trahan, Executive Director, Sportsman's Alliance of Maine

What’s next

The plaintiffs who challenged the law are expected to appeal the 1st Circuit's decision to the U.S. Supreme Court.

The takeaway

This ruling highlights the ongoing legal battles over gun control measures, with Maine's three-day waiting period law emerging as a test case for the limits of state regulation under the Second Amendment. The decision will likely have implications for similar laws in other states as the debate over firearm restrictions continues.