A new Maine gun law that mandates a three-day waiting period for firearm purchases is set to go into effect on Friday.
The law states that a seller "may not knowingly deliver a firearm to a buyer" sooner than 72 hours after the agreement is made to purchase that firearm. The waiting period is concurrent with any waiting period imposed by any background check process required by federal or state law.
The new law was one of several gun safety measures approved by state lawmakers and signed into law by Gov. Janet Mills earlier this year after the deadliest mass shooting in state history on Oct. 25, 2023, in Lewiston.
Though the law does not expressly state that the agreement be in writing, the Maine Department of Public Safety and the Maine Attorney General's Office strongly recommend that sellers maintain documentation of agreements so that if any questions arise, the existence and terms of the agreements can be confirmed. This could include correspondence between the buyer and the seller, written confirmation of an online or telephone order or completion of a Bureau of Alcohol, Tobacco and Firearms transaction record.
A seller who violates the law commits a civil violation for which a fine of not less than $200 and not more than $500 may be imposed. Subsequent violations may be subject to fines of not less than $500 and not more than $1,000.
There are some exemptions, including if the seller knows that the person to whom the firearm is being sold is a law enforcement or corrections officer or if they work as a security guard or for a security company. The waiting period also does not apply to the sale of firearms to gun dealers and does not apply if the buyer and seller are family members. The sale of curio, relic or antique firearms are also exempt from the law.
The waiting period does not apply to transactions for which neither federal nor state law requires a background check for the buyer.
The Maine Gun Safety Coalition released a statement this week praising the new law.
"This week, Maine makes a monumental change and takes significant steps toward preventing unnecessary gun violence, as 72 hour waiting period and the expansion of background checks become law in our great state," said Nacole Palmer, the organization's executive director. "These new laws will certainly save lives, both here in Maine and throughout the nation. We are incredibly grateful to Governor Mills, the Maine Legislature, and the thousands of Mainers who worked to bring about these life-saving measures. Our work is not done, but with these major steps, Maine enters a new era in its fight to ensure that our communities and our loved ones are safe from gun violence.”
“In the wake of Lewiston, Mainers are starting to understand two important realities: first, that Maine is not immune from the dangers of gun violence, and second, that gun violence is preventable,” Palmer said. “As a result, Mainers are demanding that our state take reasonable steps to prevent tragedies like Lewiston from happening here again, in addition to preventing the kinds of gun violence that don’t rise to the top of the headlines. In a state where 90% of gun deaths are suicides and domestic violence continues to take too many lives of women and children, measures like the 72 hour waiting period will have a real impact in preventing tragedies that leave families mourning the preventable losses of their loved ones.”
Sportsman's Alliance of Maine Executive Director David Trahan told News Center Maine that although the law does not prevent private sales of guns, he doesn't believe the bill was well thought out. He said he's not sure how law enforcement will enforce it, and the way the bill is written it seems to only impact people who purchase guns for protection.
"If they're killed or harmed during that three-day waiting period, waiting during that 72-hour period, that's a tragedy—an unnecessary one," Trahan said.
While Trahan is open to gun regulations, he said he feels like the Maine Legislature should have taken more time to make the bill clear and free from ambiguities.
Others, like Laura Whitcomb from Gun Owners of Maine, said guns shouldn't be regulated at all, arguing laws like this don't prevent people from committing crimes.
"Any type of gun control legislation that comes to the state of Maine, we will adamantly oppose it, because the only thing that that does is infringe on the rights of the law-abiding," she said. "Criminals do not care what the law is. That is what makes them criminals."
Whitcomb said she will be meeting with lawyers and plans to push for a repeal of the 72-hour waiting period law and fighting against recently passed laws that require background checks for gun purchases.
