The case stems from Maine's response to the October 2023 Lewiston mass shooting that killed 18 people, with the state enacting a waiting period law to reduce impulsive gun purchases linked to suicides and homicides. The plaintiffs include firearms dealers, a gun safety instructor, and individuals seeking immediate gun purchases, all claiming the delay violates their constitutional rights.
Writing for the three-judge panel, Circuit Judge Aframe concluded that the waiting period doesn't regulate conduct covered by the Second Amendment's 'plain text' because it affects purchasing rather than the core rights to 'keep and bear arms.' The court found the law 'regulates conduct that occurs before a person keeps or carries a gun' and falls under the Supreme Court's category of 'presumptively lawful' commercial sale conditions from District of Columbia v. Heller.
U.S. District Judge Lance Walker had granted the preliminary injunction in February 2025, applying the Supreme Court's two-step test from New York State Rifle & Pistol Association v. Bruen and concluding Maine couldn't show the law was consistent with historical firearm regulations. The First Circuit disagreed, finding the district court should have stopped at step one of the Bruen analysis.
The decision creates a circuit split on waiting period laws, with the First Circuit joining the Second and Fifth Circuits in taking a narrower view of Second Amendment plain text coverage, while the Ninth and Tenth Circuits have applied full constitutional scrutiny to similar delays. The ruling allows Maine's law to take effect while the case proceeds on the merits.