The U.S. Supreme Court on Monday turned aside a challenge to Maine’s mandatory three-day waiting period to transfer a legal firearm. Even after passing the FBI background check, an individual cannot immediately take possession of a constitutionally protected item.
The Supreme Court denied certiorari, meaning the 1st Circuit Court of Appeals’ determination that the Second Amendment right to keep and bear arms does not extend to lawfully acquiring them will stand.
Huh?
Waiting period would not have prevented 2023 massacre
Maine’s “cooling-off” period was enacted after the 2023 mass shooting in Lewiston, but there’s a catch. The shooter had bought his firearm months before carrying out his deadly attack, meaning not one detail about the horrific incident would have changed.
Last year, the U.S. District Court for Maine ruled for the plaintiffs and issued a preliminary injunction against the law. The court noted that purchasing weapons is essential to the free exercise of Second Amendment rights, which is, of course, true.
Unfortunately, the 1st Circuit disagreed. That court swept the injunction aside on the grounds that being able to acquire guns is somehow not included in the right to keep and bear arms.
SCOTUS inexplicably passed on the constitutional issue
This issue cries out for the clarity only the Supreme Court can provide.
There are conflicting rulings in district courts over whether restricting the ability to purchase weapons is related to the Second Amendment’s clear protections. Such situations are typically when the Supreme Court steps in.
But not this time.
In a separate case, the 10th Circuit ruled that the lower court erred in its determination. It said that the district court used flawed reasoning to reach its conclusion.
The lower court “found that a seven-day wait did not infringe upon Second Amendment rights since the right to acquire a firearm does not impede the right to keep or bear a firearm, and, in any event, the Second Amendment tolerates cooling-off periods.”
The 10th Circuit viewed that interpretation very differently, while the 1st Circuit disagreed. With opposing rulings on the same legal issue, it defies reason that the Supreme Court kicked the can down the road.
There’s no better way to show your patriotism than with merch that speaks before you do.
Defend America is more than a name, it’s a stand for freedom, resilience, and the values this country was built on. Every tee, hat, and mug is a symbol of unapologetic pride. Wear it loud, wear it proud, and let the world know: freedom isn’t negotiable.
Click the link below to join the movement.