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Gun Rights

First Circuit Just Gutted the Second Amendment: Says You Have No Right to Buy a Gun

April 15, 2026

## This Is a Dangerous Ruling Every Gun Owner Needs to Understand

I just read about the Beckwith v. Frey decision from the First Circuit, and I'm still shaking my head. These three judges basically said the Second Amendment protects your right to *have* and *carry* guns—but not to actually *buy* one. That's like saying you have a right to eat, but not to purchase food.

Here's what happened: Maine passed a 72-hour waiting period after the Lewiston shooting last year. A federal district court initially blocked it, finding that waiting periods burden protected Second Amendment conduct. The state appealed, and the First Circuit (predictably, given it covers Maine, Massachusetts, and Rhode Island) reversed that ruling.

The panel's reasoning? Purchasing a firearm isn't "conduct covered by the Second Amendment's plain text." They said the amendment guarantees the ability to "have and carry guns," but regulating commercial sales doesn't directly restrict those rights.

**Here's why this should scare every gun owner:**

This creates a massive circuit split. The Seventh, Ninth, and Tenth Circuits have all held that the right to bear arms *includes* the right to acquire arms. You can't bear what you can't obtain. The First Circuit is now an outright outlier.

The judges even cited anti-gun groups like the American Academy of Pediatrics in their opinion—something that would've been proper under pre-Bruen "interest balancing" but is supposedly banned under the Supreme Court's Bruen framework. Seems like they found a loophole.

**What happens next?**

The plaintiffs will likely petition for Supreme Court review, and given this clear split, SCOTUS probably will take it. An en banc First Circuit review is also possible, though with this panel's reasoning, I'm not holding my breath for a different outcome from the full circuit.

As a shop owner, this ruling terrifies me. If courts say purchasing guns isn't protected, states could impose unlimited restrictions on acquisition—licensing schemes, mandatory training waits, you name it. They can regulate the commercial process right out of existence.

The right to keep and bear arms means nothing if you can't acquire them in the first place. This ruling needs to be overturned, and fast.