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This maine legislative document, no. 999, h.p. 737, proposes a bill regarding background checks for the sale of firearms. The bill requires background checks for private sales at gun shows or private sales resulting from advertising or marketing, subject to certain exceptions. The first offense for violating the background check requirement is a civil violation with a fine of up to $1,000, while subsequent offenses are classified as class d crimes.
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Page 1 - 130LR1589(01)
1 Be it enacted by the People of the State of Maine as follows:
3 §394. Background checks of firearms buyers 4 1. Requirement. If neither the seller nor buyer in a transaction involving the transfer 5 or sale of a firearm, as defined in Title 17-A, section 2, subsection 12-A, is a federally 6 licensed firearms dealer, referred to in this section as "the dealer," the transaction must be 7 facilitated by such a dealer. The dealer shall perform a background check of the buyer in 8 the same manner as if the dealer were the seller of the firearm that is the subject of the 9 transaction. If the background check reveals that the buyer is prohibited from purchasing 10 a firearm, the dealer shall notify the seller of that fact. The dealer may charge a reasonable 11 fee for serving as the facilitator.
12 2. Limitations. This section applies only to transactions in which:
13 A. The seller offers to sell or transfer the firearm at a gun show, event or function:
14 (1) The purpose of which is to facilitate the purchase and sale of firearms;
15 (2) At which 3 or more vendors of firearms offer firearms for sale; and
16 (3) At which 25 or more firearms are offered for sale; or
17 B. Pursuant to an advertisement, posting, display or other listing on the Internet or in 18 a publication, the seller offers to sell or transfer, or indicates an intent to sell or transfer, 19 a firearm.
20 3. Exemptions. The provisions of this section do not apply to a transfer or sale of a 21 firearm between persons who are not federally licensed firearms dealers if:
22 A. The firearm is a curio or relic, as defined in 27 Code of Federal Regulations, Section 23 478.11, and the transfer or sale is between collectors of firearms as curios or relics, as 24 defined by 18 United States Code, Section 921(a)(13), who both have in their 25 possession a valid collector of curios and relics license issued by the United States 26 Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives;
27 B. The transfer or sale is of an antique firearm, as defined in 18 United States Code, 28 Section 921(a)(16);
29 C. Either the transferor or seller or the transferee or buyer is a law enforcement agency 30 or the Department of Corrections; or
31 D. To the extent the transferor or seller is acting within the course of the transferor's 32 or seller's employment or official duties, the transferor or seller is:
33 (1) A law enforcement officer as defined by Title 17-A, section 2, subsection 17;
34 (2) A corrections officer as defined by Title 25, section 2801-A, subsection 2;
35 (3) A member of the United States Armed Forces;
36 (4) A member of the National Guard;
37 (5) A member of the Reserves of the United States Armed Forces;
38 (6) A federal law enforcement officer; or
