An Act To Require Background Checks for All Private Firearm Sales or Transfers Except between Family Members
Sec. 1. 25 MRSA §2015 is enacted to read:
§ 2015. Background checks for sales and transfers of firearms
(1) The transfer lasts only as long as necessary to prevent the threat; and
(2) The transferor has no reason to believe that the transferee is disqualified to possess firearms under state or federal law and has no reason to believe that the transferee intends to use the firearm in the commission of a crime;
(1) At an established shooting range authorized by the governing body of the jurisdiction in which the range is located or, if no such authorization is required, is operated consistently with local law in the jurisdiction;
(2) At a lawfully organized competition involving the use of a firearm or for participation in or practice for a performance by an organized group that uses firearms as a part of the performance; or
(3) While the transferee is hunting or trapping if that activity is legal in all places where the transferee possesses the firearm and the transferee holds any license or permit required for that activity.
A transfer allowed by this paragraph is permitted only if the transferor has no reason to believe that the transferee is disqualified to possess firearms under state or federal law or, if the transferee is under 18 years of age and is receiving the firearm under direct supervision and control of an adult, that the adult is disqualified to possess firearms under state or federal law; or
This bill allows the transfer or sale of a firearm between 2 individuals who are not licensed as firearm dealers if the person to whom the firearm is being transferred submits to a background check conducted by a licensed firearm dealer; the dealer must conduct a background check and complete the sale or transfer as though selling or transferring the dealer's own inventory. This bill does not restrict transfers to a family member, which is broadly defined to include a spouse, domestic partner, intimate partner, child, parent, sibling, grandparent, grandchild, stepchild, stepparent, niece, nephew, first cousin, aunt, uncle and in-law; temporary transfers between persons who are hunting or sport shooting together; transfers done for emergency self-defense; the transfer of an antique weapon or curio; a transfer involving a law enforcement officer or agency, member of the military or licensed security guard; or a transfer that occurs by operation of law upon a person's death.