An Act Regarding the Sale of Firearms at Gun Shows
Maine Legislature, Session 122, LD 0333
Committee: Criminal Justice and Public Safety
Sponsors: GERZOFSKY
Amends: 25 MRSA §2043

Legislative Document 
No. 333 
H.P.256 
House of Representatives, January 20,2005 
An Act Regarding the Sale of Firearms at Gun Shows 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative GERZOFSKY of Brunswick. 
11/~ 
/J7.1iId£~ 
MILLICENT M. MacFARLAND 
Clerk 
Under suspension of the rules, cosponsored by Senator STRIMLING of Cumberland and 
Representatives: BLANCHETTE of Bangor, CRAVEN of Lewiston, CUMMINGS of 
Portland, JACKSON of Fort Kent, KOFFMAN of Bar Harbor, O'BRIEN of Lewiston, 
PELLETIER-SIMPSON of Auburn, RINES of Wiscasset, TWOMEY of Biddeford, 
W ALCOTT of Lewiston, WATSON of Bath, WEBSTER of Freeport, WHEELER of Kittery. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec.i. 25 MRSA §2043 is enacted to read: 
§2043. 
Qperation of gun show 
1. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
~lowing meanings. 
A. 
"Gun show" means any event or function: 
(1) 
The purpose of which is to facilitate the purchase 
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 person who 
licensed pursuant to 
United States Code, 
Section 
(2002) as a firearms dealer. 
C. 
"National instan.t criminal 
background 
check 
established 
federal Brady Handgun Violence 
103-159. 
background check" means 
under 
Section 
of 
Prevention Act, Public 
is 
the 
the 
Law 
2. 
Background checks at ~ 
shows: liability of operator of 
~how. 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 purchaser or transferee. 
Each 
sale or transfer 
made 
without the 
required national 
instant 
criminal background check is a violation of this section by the 
operator of the gun show. 
3. 
Operator of gun show. 
The operator of a gun show shall: 
A. 
At all times during the gun show, conspicuously post and 
maintain signs at all places where admission tickets to the 
gun show are sold stating: 
"A national instant criminal background check must be 
completed 
prior 
to 
each 
firearm 
sale 
or 
transfer, 
including a sale or transfer of a rifle or shotgun." 
The operator of a gun show shall post signs stating the 
~ssage described in this paragraph at all entrances to the 
gun show; 
Page l-LR0102(1) 
B. 
Notify in writing all firearms exhibitors at the gun 
show that a national instant criminal background check must 
be completed prior to each firearm sale or transfer: and 
C. 
Provide access for 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 national instant 
criminal 
background 
checks 
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, Firearms and Explosives Form 4473. 
The unlicensed 
sellor or transferor shall complete the form immediately and 
return 
the 
form 
to 
the 
licensed 
firearms 
dealer. 
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 
to 
notify exhibitors 
of 
the 
background 
check 
requirement and requires gun show operators to provide unlicensed 
sellers 
and transferors with access 
to 
licensed sellers 
and 
transferors who will undertake the required background checks.