2A Advocates Notch a Win in Fight Against Maine’s Waiting Period for Gun Sales
By Cam Edwards | 1:01 PM | April 11, 2025
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The attorney general also cited the Supreme Court’s language in Heller that “imposing conditions and qualifications on the commercial sale of arms” are “presumptively lawful regulatory measures,” but there’s a big difference between presuming something is lawful and actually looking at the historical record (or lack thereof) when it comes to delaying the lawful transfer of a firearm just because the state believes buyers need a cooling off period. There is nothing in the text of the Second Amendment or the national tradition of gun ownership that suggests arbitrary waiting periods preventing people from exercising their right to possess a firearm were the norm or even the exception in 1791 or 1868. Waiting periods are a modern invention, and a fair hearing under the Bruen test should lead the federal courts to establish that these artificial delays are a violation of our fundamental right to keep and bear arms.
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All this “Sturm und Drang” relies on “incorporation” that the Bill OF Rights (BoR) applies to the States as well as the Federal Gooferment.
In the modern age of Linconialism, after the “War of Northern Aggression” aka the “the (un) Civil War, everything became “national”.
In the world of originalism, before the Fourteenth Amendment, the States created the Federal union; not the other way around. The Dead Old White Guys would have never approved the Constitution — and some historians call it a coop — if the States were subservient to the Federal Gooferment.
The proper question is the RKBA enshrined in the various State Constitutions? And, if not, why not?
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