Jan. 16—Maine Republicans are bringing forward a proposal to repeal the 72-hour waiting period on firearms purchases that was put in place last spring in the wake of the mass shooting in Lewiston and is the subject of a federal lawsuit brought by opponents.
House Minority Leader Billy Bob Faulkingham, R-Winter Harbor, is sponsoring a bill to repeal the law, which was approved by narrow margins in the House of Representatives and Senate, and which Democratic Gov. Janet Mills allowed to become law without her signature.
“We were very disappointed when that bill went into law without the governor’s signature,” Faulkingham said. “It doesn’t align with our sporting heritage and tradition of gun ownership here in Maine. It’s not aligned with our values. I don’t think it will stand up in court, but I thought it was still important to put in a bill to repeal it.”
The proposal, LD 208, is co-sponsored by six other Republican lawmakers and has been referred to the Judiciary Committee.
Gun safety legislation was a major topic for the Legislature last year in the wake of the mass shooting. And two national gun safety groups have upgraded their rankings of Maine’s laws following changes passed last year, including the 72-hour waiting period, expanded background checks to include private, advertised sales, and updates to the yellow flag law.
While there hasn’t been as much discussion so far this year about specific gun safety proposals, the bill repealing the waiting period is likely to be among several dealing with firearms this session.
Gun Owners of Maine, the Sportsman’s Alliance of Maine and other supporters of gun rights opposed the waiting period last session, arguing that it was an unconstitutional infringement on the rights of lawful gun owners.
“We’re fully on board and hope it passes,” Laura Whitcomb, president of Gun Owners of Maine, said of the repeal proposal.
Opponents of the waiting period have argued that it wouldn’t have stopped the Lewiston mass shooting because the weapons used were all purchased in July of that year or earlier.
“In the wake of Lewiston there was a lot of pressure and politicization on the whole gun rights issue,” Faulkingham said. “I just don’t think (the waiting period) would have gotten through if it hadn’t been in the wake of that tragedy. Things have settled down now, there’s been an investigation into what happened and it’s clear this law wouldn’t have done anything to affect that.”
Supporters of the waiting period argued last year that it would provide an important “cooling off” period to prevent people from acting on suicidal or homicidal impulses.
“Waiting periods are a lifesaving tool to give someone time to get the help they need if they’re in a suicidal crisis,” Maine Gun Safety Coalition Executive Director Nacole Palmer said in an email. “Suicide is the leading cause of firearm death in Maine, especially for men. These buffers, even though they’re brief, can literally mean the difference between life and death and don’t inhibit any Mainers’ right to purchase and own firearms.
“I’m confident lawmakers in Augusta will remember that the people of Maine have called on our leaders to pass commonsense gun safety laws, and will prioritize saving Maine lives over the demands of the gun lobby.”
Faulkingham said he is hoping to pull some Democratic support for his bill.
Last year’s measure passed by extremely narrow margins in both the Democrat-controlled House and Senate — including by one vote in the final Senate tally — with a handful of Democrats in both chambers joining Republicans to oppose the waiting period.
This year, Democrats have a 75-73 majority in the House, with one seat open and two seats held by independents who defeated Republicans to get elected. Democrats have a 20-15 majority in the Senate.
Spokespeople for Mills did not respond to inquiries asking if she would support the repeal effort. Mills allowed the bill to become law without her signature last spring, saying she was “deeply conflicted” about the measure and that such laws have been challenged in other states, including Vermont.
The repeal bill comes as gun rights advocates have filed a federal lawsuit in Maine seeking to overturn the new law, which went into effect in August, on grounds it is unnecessary and unconstitutional.
The plaintiffs, who include Rep. Jim White, R-Guilford, and his business, J. White Gunsmithing, a self-defense business and two other firearms shops, have asked the court hearing the case to put the law on hold while its adjudicated, while the Office of the Maine Attorney General asked for that request to be denied. The court has yet to rule on the request.
Lawmakers will take up hundreds, if not thousands, of bills this session, the text for many of which has not yet been published. But advocates on both sides of gun legislation issues say there are several areas where they anticipate debates coming up.
Gun Owners of Maine has been in discussions with lawmakers about proposals to repeal last year’s expansion of background checks and to shorten the time frame for a judicial hearing to be held after weapons are confiscated under the state’s yellow flag law.
The Maine Gun Safety Coalition is finishing up a signature-gathering campaign to try and get a red flag law to go to referendum. A red-flag law would remove the need for a mental health evaluation needed under yellow-flag before family members, in addition to police, could initiate the process of restricting access to weapons for a person in crisis.
The coalition has also been advocating for a ban on bump stocks, a ban on untraceable “ghost” guns and a new secure storage law to prevent firearm accidents and teen suicides.
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