John Reid of J.T. Reid’s Gun Shop of Auburn is shown setting up his display for the 45th annual Twin Cities Gun Show at the Lewiston Armory in March 2022. Russ Dillingham/Sun Journal

Maine’s 72-hour waiting period for gun purchases takes effect next month, and critics say it could put an end to the popular tradition of gun shows that bring together dealers from across the state to sell firearms and accessories.

Opponents of the law say they are continuing to prepare a legal challenge, something that’s already happening in at least three other states with similar laws: Colorado, New Mexico and Vermont.

And the organizer of a gun show scheduled for this weekend in Augusta – the last show in Maine before the law takes effect Aug. 9 – plans to donate all proceeds to help pay for the impending lawsuit.

Supporters of the law dismiss the notion that gun shows are endangered and point to other states that have waiting periods and still have plenty of gun shows. Florida, for example, has a handful of gun shows scheduled for July alone.

Thirteen states require some form of waiting period, meant to prevent people who are in crisis or are angry from impulsively purchasing a firearm to harm themselves or others. The laws provide a cooling off period while not preventing people from legally purchasing guns, supporters say. Opponents argue the laws clearly violate the Second Amendment of the U.S. Constitution by infringing on the right of citizens to keep and bear arms.

Maine’s law threatens gun shows, opponents say, because the events bring together licensed dealers from all over the state to make the process of buying a firearm convenient for customers. Instead of being able to leave the show with a new gun, customers will have to wait three days and then either travel to the licensed dealer to pick up the firearm or have that firearm shipped to a dealer closer to the customer’s residence, which could add costs.

Ryan Appleby, of Freedom Promotions, which organizes and promotes gun shows in New England, said the law will “have a huge negative impact on the traditions of gun shows in the state, since they draw vendors from all corners of the state.”

“It’s not feasible for many customers to travel to that gun shop’s physical location several hours away three days later after they’ve already instantly had their background check approved at the event,” Appleby said in a written statement.

David Trahan, executive director of the Sportsman’s Alliance of Maine, said he thinks the waiting period will end gun shows in Maine, eliminating important fundraising and community events for local rod and gun clubs, which often use the revenue for education programs.

“I believe it will wipe out most gun shows,” Trahan said. “I knew it would have a serious negative impact on rural Maine and the fish and game clubs that depend on the funding. It was the reason I told the governor at least a half a dozen times that we would challenge it in court.”

COURT CHALLENGE

Leaders of the Gun Owners of Maine and the Sportsman’s Alliance of Maine would not provide details about when they expect their lawsuit to be filed, including whether it will come before the new law takes effect.

“If you look at what’s going on in Vermont, Colorado and New Mexico, it’s really important to get that first (court) filing absolutely 100% correct,” Gun Owners of Maine President Laura Whitcomb said. “We are still working very diligently with our attorneys to make sure we are crossing our T’s and dotting our I’s.”

Appleby, the gun show promoter, said he’s donating all of the proceeds from the July 13 and 14 gun show at the Augusta Elks Club to efforts to overturn the law.

“While many gun shows, including the ones Freedom Promotions holds, have been taking steps to comply with the new bill and attempt to lessen the negative impact, it will be felt by many small Maine businesses and jeopardizes the livelihood of many,” he said. “Time will tell how we are able to proceed.”

Maine typically has 12 to 20 gun shows a year. Each one can feature as many as 50-60 vendors.

Organizers are working on ways to ease the inconvenience for gun show customers.

Because firearms cannot be shipped directly to a customer’s home, Trahan said he expects firearm dealers will likely ship purchased guns to a licensed dealer located closer to a customer’s home, where they can be stored and picked up. Those dealers have to keep close records of the firearms coming and going from their stores, creating an additional administrative burden – and cost – for dealers and customers, he said

“It’s a huge amount of paperwork and a big aggravation and that’s the part that’s going to add a lot of cost to it,” Trahan said. “It’s creating a quagmire – a mess for anyone who wants to sell firearms and I think they knew it when they passed it.”

Trahan said the waiting period will also affect sporting retailers like L.L.Bean and trading posts located in rural Maine, where out-of-state visitors may want to purchase a new hunting rifle to use on a trip, but may decide not to because they will have to wait three days.

Fears about the future of gun shows may be overblown, since gun shows continue to be held in other states with waiting periods. Florida has at least four gun shows scheduled in July, while Illinois has at least four shows planned between now and the end of the year. Both states have three-day waiting periods.

Gun rights advocates hold signs among the gun reform and gun safety supporters at the State House in January. Opponents of a new law requiring a 72-hour waiting period for gun purchases say they will challenge the law in court. Brianna Soukup/Staff Photographer

And Washington state, which has a 10-day waiting period, has five shows scheduled for this month, and many others scheduled before the end of the year.

Supporters of the waiting period law say it will save lives, and they dismissed the argument that it jeopardizes gun shows or threatens constitutional rights.

Nacole Palmer, executive director of the Maine Gun Safety Coalition, which advocated for strong gun laws after the Lewiston mass shooting that killed 18 in October, pushed back against concerns that the waiting period would end gun shows. She said rural Mainers are used to having to drive long distances to meet a variety of needs, including for work and medical appointments.

“Many of these states, like Colorado and Florida, have plenty of gun shows despite the waiting period requirements,” Palmer said. “Gun show business in these states is booming despite worries that waiting periods would mean the opposite.”

Palmer suggested that firearm dealers are more ubiquitous than grocery stores, saying there are 68 Hannaford and 19 Shaw’s supermarkets, compared to more than 900 licensed firearm dealers, in Maine. She said the benefits of a waiting period, which is intended to prevent compulsive suicides and other violent crimes, outweighs any inconvenience for gun owners.

“Additionally, I would point out that these rural areas generally, and in Maine specifically, have higher rates of firearm suicide, which waiting periods are a critical policy for combating,” Palmer said.

The waiting period is one of several gun safety laws enacted by the Legislature this year in response to the mass shooting in Lewiston. Other new laws include expanding the background check mandate to include some private gun purchases, strengthening Maine’s so-called yellow flag law, which allows firearms to be temporarily confiscated when someone is a danger to themselves or others, and expanding access to emergency mental health services.

Gov. Janet Mills surprised and angered gun owners when she allowed the waiting period law to take effect without her signature, making Maine the 10th state, along with Washington, D.C. with a waiting period for most firearm sales. Three other states have waiting periods for certain firearms, including Minnesota’s 30-day waiting period for assault weapons and handguns, and New Jersey and Maryland’s seven-day waiting period for handguns.

The new legislation – and gun rights generally – are expected to be a major campaign issue this fall. U.S. Rep. Jared Golden, D-2nd District, has faced attacks from Republicans and gun owners for his calls for an assault weapons ban after the Lewiston shooting. And gun advocates are planning to highlight gun votes in upcoming legislative races.