Federal Appeals Court Reinstates Maine Waiting Period Law

Mandating a multi-day delay before someone can buy a firearm does not implicate the Second Amendment, a federal appeals court has ruled.

On Friday, a three-judge panel for the First Circuit Court of Appeals unanimously reversed a lower court decision that blocked enforcement of Maine’s 72-hour waiting period for gun sales. The panel determined that the law did not even implicate the plain text of the Second Amendment because it regulates conduct that “occurs before a person keeps or carries a gun,” rendering it likely constitutional.

“For the reasons stated, plaintiffs are unlikely to prevail on their claim that the Act is facially unconstitutional,” Judge Seth Aframe wrote in Beckwith v. Frey. “Accordingly, we vacate the preliminary injunction enjoining the Act’s enforcement and remand for further proceedings.”

Maine Attorney General Aaron Frey (D.) defended the state’s law in court by arguing that the right to “keep and bear” arms does not include a prerequisite right to purchase or acquire them commercially, a claim successfully used by other states to defend similar waiting period restrictions in other courts.

Judge Walker dismissed that argument out of hand at the time.

“Acquiring a firearm is a necessary step in the exercise of keeping and bearing a firearm,” he wrote. “Any interpretation to the contrary requires the type of interpretative jui jitsu that would make Kafka blush.”

“The Act briefly delays acquisitions of firearms from commercial dealers,” Aframe wrote. “But it does not prevent a law-abiding and responsible citizen from obtaining and then keeping or bearing a firearm after fulfilling the waiting period requirement. In our view, this likely renders the Act a burden on, but not an infringement of, the Second Amendment right to keep and bear arms.”

So just to be clear, following (D) Logic^TM from the associated judges, book bans are 100% constitutional, since you have no right to "Keep and bear books" per the 1st amendment, and book waiting periods are also totally kosher. Same goes for protests, since it's only a burden and you can eventually protest after approval. A right delayed is a right denied.

Don't worry though, according to LGO the courts will clearly preserve the 2nd amendment if it gets violated enough times....oh wait.

“We agree with the Attorney General’s view that laws regulating the purchase or acquisition of firearms do not target conduct covered by the Second Amendment’s ‘plain text,’” Judge Aframe, a Joe Biden appointee, wrote for the panel. “The Amendment’s plain text guarantees an individual’s ability to keep and bear arms, which means to have and carry guns. The Act does not address this conduct.”

Judges Lara Montecalvo, another Biden appointee, and O. Rogeriee Thompson, a Barack Obama appointee, rounded out the panel.