Supreme Court Punts on Maine Gun Waiting Period, Leaving Law Intact

The Supreme Court declined on October 19, 2026 to review Maine's 72-hour firearm waiting period, leaving a First Circuit ruling in place without settling whether the law passes constitutional muster. Gun owners in Maine, and anyone watching how waiting-period laws fare in court, should take note.

Key points

• No merits decision: the Court's order in Beckwith v. Frey (No. 26-258) simply denies review, with no explanation or dissent listed, meaning the constitutional question remains unresolved.
• Lower court stands: the First Circuit's April 3 ruling, which vacated a preliminary injunction against the law, stays in effect, and the case now goes back for further proceedings.
• Delivery, not possession: the appeals court framed the 72-hour rule as a condition on when a sale can be completed rather than a direct restriction on owning or carrying a firearm.
• Who challenged it: firearms instructor Andrea Beckwith of East Coast School of Safety, along with buyers and dealers, argued buyers who already cleared a background check shouldn't face extra delay.
• Statute unchanged: Maine's law still requires a 72-hour wait from purchase agreement to delivery, running alongside any background-check wait, with existing exceptions for certain family and dealer transactions.

Quick take

This isn't a win or loss on the Second Amendment question, it's the Court punting. Maine's waiting period survives for now, and the First Circuit's "delivery condition" framing could influence how other circuits treat similar laws, at least until a case reaches the justices on a full record rather than a preliminary injunction.

Read the full story: Brandon Curtis