In a significant legal move, twenty-five states, led by Montana, are urging the Supreme Court to review a case contesting Maine’s 72-hour waiting period for gun purchases.
Attorneys representing Andrea Beckwith submitted their petition to the Supreme Court on August 25. This follows a decision by the United States Court of Appeals for the First Circuit, which reversed a ruling by United States District Judge Lance E. Walker from the District of New Mexico. Walker had favored Beckwith, who advocates for victims of domestic violence. In a brief filed on Monday, Republican Montana Attorney General Austin Knudsen argued that waiting periods are unconstitutional. (RELATED: Pro-2A Groups Ask Supreme Court To Shoot Down Waiting Periods)
Waiting periods are a historical anomaly. Our brief shows Americans could regularly acquire firearms immediately in the 18th and 19th centuries.
The NRA will continue fighting unconstitutional waiting periods across the country. https://t.co/ZhzpUT3HHg
— NRA (@NRA) September 24, 2026
The states argued, “If someone agreed to buy a firearm on a Monday, and passed the necessary background check that day, they should be able to possess the firearm that very day.” They noted that due to Section 2016, a person in Maine cannot do so on the day of purchase or the following two days.
The brief further asserted, “This hypothetical clearly illustrates that Section 2016 constitutes a restriction. Even if direct and indirect restrictions on gun possession are distinctly categorized, Section 2016 directly restricts the right to keep arms. It essentially prevents individuals from exercising this right for several days.”
Maine’s Legislature established the waiting period after a mass shooting in October 2023, where an Army reservist with a reported history of mental health issues was involved. The waiting period officially began in 2024 when Democratic Governor Janet Mills allowed the bill to become law without her endorsement.
The National Rifle Association (NRA) and Second Amendment Foundation (SAF) have also requested the high court to consider Beckwith v. Frey in a similar brief filed on September 21. Although Maine chose not to respond to Beckwith’s petition last Thursday, the presence of a “circuit split” makes it more likely for the Supreme Court to engage with the case.
In August 2025, the United States Court of Appeals for the Tenth Circuit invalidated a waiting period for firearm purchases, overturning a ruling in favor of New Mexico by Senior United States District Judge James O. Browning, who was appointed by George W. Bush.
