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USA | Maine federal judge grants temporary injunction on ‘waiting period’ gun purchasing law (www.jurist.org)

submitted 2 weeks ago* (last edited 2 weeks ago) by [email protected] to c/[email protected]

18 comments fedilink hide all child comments

A US federal judge in Maine granted a temporary injunction on Thursday to pause the implementation of a gun law that requires 72 hours to pass before the purchase of firearms can be completed.

Case file: https://wgme.com/resources/pdf/df042dff-7f87-444e-9961-d535d7a4286c-InjunctionGranted.pdf

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[–] [email protected] 2 points 2 weeks ago (1 children)

Introducing a minimal delay on the flow of weapons into the already saturated hands of the public is a pittance of a concession if it stops even a single person from go out after a drunken fight and decide to shoot someone,

This premise is the proposed "compelling state interest" I discussed in my last comment.

This law isn't going to die from lack of a "compelling state interest". This law is going to die from a lack of "narrowly tailored", because nobody has made that argument.

[–] [email protected] 1 points 2 weeks ago (1 children)

The complaint you present is that there should be several exceptions to the waiting period. If you believe that phrasing it as cooling off is a problem then the simple solution is to say all purchases of a firearm have a waiting period, no exceptions. Crisis of specificity resolved.

Of course the go to argument then is 'but my 2A' at which point you end up down some rabbit hole where people argue they should be able to own a fully automatic field gun if they want to because reasons...

[–] [email protected] 1 points 2 weeks ago

the simple solution is to say all purchases of a firearm have a waiting period, no exceptions

Yeah, I've addressed this. The "interest" that I accepted as "compelling" only applies to first time gun buyers, who don't have access to other guns during the waiting period.

To meet strict scrutiny, you need to demonstrate both the compelling government interest and the narrow tailoring. If you want me to accept that "no exceptions" is narrowly tailored, you're going to have to show me a compelling government interest that applies to both current gun owners and first time buyers.

Your arguments don't seem to demonstrate comprehension of "strict scrutiny". That is almost certainly going to be applied to this law. If you want to keep this law, your arguments are going to need to meet the strict scrutiny standard.