Two Second Amendment powerhouses joined forces Tuesday in imploring the U.S. Supreme Court to hear Beckwith v. Frey. This federal lawsuit challenges Maine’s three-day waiting period to take possession of a purchased weapon legally.
The National Rifle Association (NRA) and Second Amendment Foundation (SAF) filed an amicus brief with the high court asking that justices grant review.
The joint action also addresses a potentially greater threat that emerged in April when the First Circuit vacated an earlier injunction and sent the case back to the lower court. A threat that anti-gun radicals could endlessly exploit.
‘Shall not be infringed’ does not allow such judicial hair-splitting
The court reasoned that the Second Amendment’s plain text does not protect the acquisition of such arms. “Keep and bear?” Yes. But the appeals court went in a markedly different direction in its findings.
Maine’s waiting period mandate is a “burden on” instead of “an infringement of” the constitutional right to keep and bear arms. Yes, it’s wordplay, and the court created a troubling principle going forward that must and is being challenged.
Instant approval following a background check should mean the purchaser may take possession of their new weapon, but it does not. A buyer who faces an imminent threat has no recourse in Maine but hoping for 72 hours that the danger passes.
That’s not how the Second Amendment is supposed to work.
Putting firearm acquisition out of reach accomplishes anti-gunners’ agenda
Anti-gunners know that it would take a seismic shift in the political landscape and then changes to the Constitution itself to eradicate firearms.
However, if they are free to throw limitless impediments between law-abiding citizens and the right to possess weapons, their mission is accomplished. Everything from ridiculous fees to lengthy waiting periods could put a fundamental right out of reach–all while not “infringing” on the Second Amendment.
A federal district judge initially found that the plaintiffs will likely succeed on the merits of the case, only to have the appeals court rule that such waiting periods are not “abusive.”
Without subjecting Maine’s law or any other to the Bruen test, radical judges would be free to follow their whims and allow a broad array of infringements before the history and tradition requirement must be met.
This is why the NRA and SAF stepped in.
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