Maine’s 72-hour waiting period on gun purchases will not be reinstated while a court case over its legality continues to play out.

The waiting period was passed last year after the 2023 Lewiston mas shooting and was quickly challenged in court by gun rights advocates.

Chief U.S. District Judge Lance Walker then granted the advocates request to pause the waiting period in February, saying they would likely succeed in proving the waiting period is an infringement on their 2nd Amendment constitutional right to bear arms.

On Thursday, a three-judge panel at the First Circuit Court of Appeals in Boston reaffirmed Judge Walker’s pause of the waiting period.

The panel said the underlying case against the waiting period is an early challenge in “emerging area of constitutional law” that has yet to play out.

The three judges said the state was not likely to succeed in proving Judge Walker abused his authority in pausing the waiting period.

The appeals court is still considering the underlying case on whether the waiting period is constitutional.

The state is being represented by office of Maine Attorney General Aaron Frey in the case, who is named as the defendant.