An Act Regarding the Sale of Weapons at Gun Shows
Maine Legislature, Session 121, LD 0917
Committee: Criminal Justice and Public Safety
Sponsors: GERZOFSKY, STRIMLING, ASH, BLANCHETTE, BULL, CUMMINGS, PINEAU, SUSLOVIC, USHER, DOUGLASS
Amends: 25 MRSA §2043

Legislative Document 
No. 917 
H.P.674 
House of Representatives, February 20, 2003 
An Act Regarding the Sale of Weapons at Gun Shows 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative GERZOFSKY of Brunswick. 
Cosponsored by Senator STRIMLING of Cumberland and 
77l~ 
/J7.1l/dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: ASH of Belfast, BLANCHETTE of Bangor, BULL of Freeport, CUMMINGS 
of Portland, PINEAU of Jay, SUSLOVIC of Portland, USHER of Westbrook, Senator: 
DOUGLASS of Androscoggin. 
Printed on re~ycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 25 MRSA §2043 is enacted to read: 
§2043. 
Operation of gun show 
1. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Gun show" means any event or function: 
(1 } 
WhQse ]2ur]2ose is to facilitate the ]2urchase and 
sale of firearms; 
( 2 } 
At which 
or more 
vendors 
of firearms offer 
firearms for sale; and 
(3} 
At which 25 or more firearms are offered for sale. 
B. 
"Licensed firearms 
dealer" 
means 
any 
]2erson 
who 
is 
licensed ]2ursuant to 18 United States Code, Section 923 as a 
firearms dealer. 
C. 
"National instant criminal background check" means the 
backgrQund 
check 
established 
under 
section 
of 
the 
federal Brady Handgun Violence Prevention Act, Public Law 
103-159. 
2. 
Background checks at gun shows; liability of gun show 
operator. 
A firearm may not be sold or transferred at a gun show 
unless 
the seller or transferor conducts 
a 
national instant 
criminal background check of the ]2urchaser or transferee. 
Each 
sale or transfer made 
without the 
reguired national instant 
criminal background check is a violation of this section by the 
gun show o]2erator and is subject to subsection 4. 
3. 
Gun show qperator. 
The o]2erator of a gun show shall: 
A. 
At all times during the gun show cons]2icuously ]2ost and 
maintain signs at all 
]2laces where tickets to the gun show 
are sold stating: 
"A national instant criminal background check must be 
cQm]21eted 
]2rior to all firearm sales or transfers, 
including sales or transfers of rifles or shotguns." 
Signs must be ]2osted at all entrances to the gun show and at 
all ]2laces where admission tickets to the gun show are soldi 
B. 
Notify in writing all firearms exhibitors at the gun 
show that a national instant criminal background check must 
be completed prior to all firearm sales or transfers; and 
C. 
Provide access by an unlicensed seller or transferor of 
firearms at the gun show to at least one licensed firearms 
dealer at the gun show who will undertake a national instant 
criminal background check on behalf of the unlicensed seller 
or 
transferor at cost. 
A licensed firearms 
dealer 
who 
performs 
a 
national 
instant 
criminal 
background 
check 
pursuant to this paragraph shall provide the unlicensed 
seller or transferor of the firearm with a 
copy of the 
United States Department of Treasury, 
Bureau of Alcohol, 
Tobacco 
and Firearms. 
Form 
4473. 
The 
licensed firearms 
dealer shall retain the completed form for a period of 10 
years 
and 
make 
it 
available 
for 
inspection 
by 
law 
enforcement agencies. 
4. 
Penalty. 
A person who violates this section commits a 
civil violation for which a fine of not more than $10,000 may be 
adjudged. 
SUMMARY 
This 
bill 
requires 
that 
a 
national 
instant 
criminal 
background check be performed prior to the sale or transfer of a 
firearm at a 
gun 
show. 
The bill makes 
a 
gun 
show operator 
responsible for 
any failure to perform a 
required background 
check and subject to a 
fine of up to $10,000 for each such 
failure. 
The bill also requires gun show operators to post signs 
at gun 
shows 
and notify exhibitors of 
the background 
check 
requirement and to provide unlicensed sellers and transferors 
with 
access 
to 
licensed 
sellers 
and 
transferors 
who 
will 
undertake the required background checks.