Gun shops have big questions about Maine’s new waiting period law

Maine’s new law requiring a 72-hour waiting period for gun purchases is set to take effect in early August, but gun shops are still awaiting state instructions on technical aspects and how to begin enforcing it.

The bill was the most sweeping one passed by the Democratic-controlled Legislature in the wake of the Oct. 25 Lewiston mass shooting that left 18 dead and 13 injured in Maine’s worst-ever rampage. Gov. Janet Mills, a Democrat who opposed gun control measures before that, let the waiting period bill become law without her signature at the end of April.

It takes effect on Aug. 9. Several gun shop owners expressed concerns over not yet having answers to lingering questions involving confusion over the timing elements of the law, which says a gun dealer must wait 72 hours after making an “agreement” with a customer to turn the firearm over to them.

“These changes put more pressure on the people behind the counter,” Joshua Klemanski, manager of Top Gun of Maine, a Poland gun store, said.

Maine Department of Public Safety spokesperson Shannon Moss said Friday her agency and Attorney General Aaron Frey’s office are working together “to develop comprehensive guidance” that will come out shortly. She did not get more specific on the timing of the guidelines.

The Lewiston gunman, Robert Card II, legally purchased guns in the months before the rampage, so this new law would not have prevented the shooting. But the sponsor, Sen. Peggy Rotundo, D-Lewiston, and fellow supporters pitched the waiting period proposal as helping reduce suicides in Maine, where 158 of 178 firearm deaths in 2021 were suicides.

“I am confident that the 72-hour waiting period will save lives and save many families the heart break of losing a loved one to suicide by firearm,” Rotundo said earlier this year.

Mills said in April she would ask Public Safety Commissioner Mike Sauschuck and Frey to monitor legal challenges to waiting periods in other states, such as Vermont . She also requested they provide guidelines to police and Mainers on how the legislation will affect temporary transfers, such as those for guided hunts, and on the ability of residents to acquire guns for personal protection in certain cases, among other issues.

The law says the 72-hour waiting period must coincide with federal background checks. Sales to family members and law enforcement officers along with sales of antique firearms are carved out of the law. Violators would face a maximum fine of $500 for a first offense and $1,000 for a repeat offense.

Klemanski said he has been in touch with Rotundo and other lawmakers about confirming the effective date and any training on what to do when a buyer gets instantly approved during a federal background check.

Gage Jordan, owner of G3 Firearms in Turner, said he thought lawmakers used the Lewiston shooting to push an agenda but did not think through the law’s implementation. Jordan also questioned whether the 72-hour clock starts on the day of purchase.

In the meantime, Kittery Trading Post has threatened to move its firearms business a short way over the border to its New Hampshire facility if the 72-hour waiting period law takes effect.

The gun-rights Sportsman’s Alliance of Maine and Gun Owners of Maine have not yet proceeded with their vow to sue the state over the new statute. David Trahan, the alliance’s executive director, said a lawsuit will come after the law takes effect no matter what the guidelines say.

“A waiting period is arbitrary and an imposition on your Second Amendment rights,” he said.

BDN writer Michael Shepherd contributed to this report.