An Act To Enhance Reciprocity Agreements Regarding Permits To Carry Concealed Firearms
Maine Legislature, Session 125, LD 1176
Committee Amendment CA_A_H487 (House)
Amends: 25 MRSA §2003, 25 MRSA §2006

COMMITTEE AMENDMENT "A" to H.P. 874, L.D. 1176, Bill, "An Act To 
Enhance Reciprocity Agreements Regarding Permits To Carry Concealed Firearms" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Replace the Good Moral Character Standard with No Evidence of 
Behavior Contrary to Public Safety in the Issuance of Concealed Firearms Permits' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 25 MRSA §2003, sub-§l, as amended by PL 2007, c. 194, §5, is further 
amended to read: 
1. 
Criteria for issuing permit. 
The issuing authority shall, upon written 
application, issue a permit to carry concealed firearms to an applicant over whom it has 
issuing authOlity and who has demonstrated good moral character no evidence of 
behavior contrary to public safety and who meets the following requirements: 
A. Is 18 years of age or older; 
B. Is not disqualified to possess a firearm pursuant to Title 15, section 393, is not 
disqualified as a permit holder under that same section and is not disqualified to 
possess a firearm based on federal law as a result of a criminal conviction7~ 
D. Submits an application that contains the following: 
(1) Full name; 
(2) Full current address and addresses for the prior 5 years; 
(3) The date and place of birth, height, weight, color of eyes, color of hair, sex 
and race; 
(4) A record of previous issuances of, refusals to issue and revocations of a 
permit to carry concealed firearms or other concealed weapons by any issuing 
authority in the State or any other jurisdiction. The record of previous refusals 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT·A .. to H.P. 874, L.D. 1176 
alone does not constitute cause for refusal and the record of previous revocations 
alone constitutes cause for refusal only as provided in section 2005; and 
(5) Answers to the following questions: 
(a) Are you less than 18 years of age? 
(b) Is there a fonnal charging instrument now pending against you in this 
State for a crime under the laws of this State that is punishable by 
imprisonment for a tenn of one year or more? 
(c) Is there a fonnal charging instrument now pending against you in any 
federal cQurt for a crime under the laws of the United States that is 
punishable by imprisonment for a tenn exceeding one year? 
(d) Is there a fonnal charging instrument now pending against you in another 
state for a crime that, under the laws of that state, is punishable by a tenn of 
imprisonment exceeding one year? 
(e) If your answer to the question in division (d) is "yes," is that charged 
crime classified under the laws of that state as a misdemeanor punishable by 
a tenn of imprisonment of2 years or less? 
(f) Is there a fonnal charging instrument pending against you in another state 
for a crime punishable in that state by a tenn of imprisonment of 2 years or 
less and classified by that state as a misdemeanor, but that is substantially 
similar to a crime that under the laws of this State is punishable by 
imprisonment for a tenn of one year or more? 
(g) Is there a fonnal charging instrument now pending against you under the 
laws of the United States, this State or any other state or the Passamaquoddy 
Tribe or Penobscot Nation in a proceeding in which the prosecuting authority 
has pleaded that you committed the crime with the use of a fireann against a 
person or with the use of a dangerous weapon as defined in Title 17-A, 
section 2, subsection 9, paragraph A? 
(h) Is there a fonnal charging instrument now pending against you in this or 
any other jurisdiction for a juvenile offense that, if committed by an adult, 
would be a crime described in division (b), (c ), (d) or (f) and involves bodily 
injury or threatened bodily injury against another person? 
(i) Is there a fonnal charging instrument now pending a.gainst you in this or 
any other jurisdiction for a juvenile offense that, if committed by an adult, 
would be a crime described in division (g)? 
G) Is there a fonnal charging instrument now pending against you in this or 
any other jurisdiction for a juvenile offense that, if committed by an adult, 
would be a crime described in division (b), (c), (d) or (f), but does not 
involve bodily injury or threatened bodily injury against another person? 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 874, L.D. 1176 
(k) Have you ever been convicted of committing or found not criminally 
responsible by reason of mental disease or defect of committing a crime 
described in division (b), (c), (f) or (g)? 
(1) Have you ever been convicted of committing or found not criminally 
responsible by reason of mental disease or defect of committing a crime 
described in division (d)? 
(m) If your answer to the question in division (1) is "yes," was that crime 
classified under the laws of that state as a misdemeanor punishable by a term 
of imprisonment of 2 years or less? 
(n) Have you ever been adjudicated as having committed a juvenile offense 
described in division (h) or (i)? 
(0) Have you ever been adjudicated as having committed a juvenile offense 
described in division G)? 
(P) Are you currently subject to an order of a Maine court or an order of a 
court of the United States or another state, territory, commonwealth or tribe 
that restrains you from harassing, stalking or threatening your intimate 
partner, as defined in 18 United States Code, Section 921(a), or a child of 
your intimate partner, or from engaging in other conduct that would place 
your intimate partner in reasonable fear of bodily injury to that intimate 
partner or the child? 
(q) Are you a fugitive from justice? 
(r) Are you a drug abuser, drug addict or drug dependent person? 
(s) 
Do you have a mental disorder that causes you to be potentially 
dangerous to yourself or others? 
(t) Have you been adjudicated to be an incapacitated person pursuant to Title 
18-A, Article 5, Parts 3 and 4 and not had that designation removed by an 
order under Title l8-A, section 5-307, subsection (b)? 
(u) Have you been dishonorably discharged from the military forces within 
the past 5 years? 
(v) Are you an illegal alien? 
(w) Have you been convicted in a Maine court of a violation of Title 17 -A, 
section 1057 within the past 5 years? 
(x) Have you been adjudicated in a Maine court within the past 5 years as 
having committed a juvenile offense involving conduct that, if committed by 
an adult, would be a violation of Title 17-A, section 1057? 
(y) To your knowledge, have you been the subject of an investigation by any 
law enforcement agency within the past 5 years regarding the alleged abuse 
by you of family or household members? 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT "A .. to H.P. 874, L.D. 1176 
(z) Have you been convicted in any jurisdiction within the past 5 years of 3 
or more crimes punishable by a term of imprisonment of less than one year or 
of crimes classified under the laws of a state as a misdemeanor and 
punishable by a term of imprisonment of 2 years or less? 
(aa) Have you been adjudicated in any jurisdiction within the past 5 years to 
have committed 3 or more juvenile offenses described in division (o)? 
(bb) 
To your knowledge, have you engaged within the past 5 years in 
reckless or negligent conduct that has been the subject of an investigation by 
a governmental entity? 
(cc) Have you been convicted in a Maine court within the past 5 years of any 
Title 17-A, chapter 45 drug crime? 
(dd) Have you been adjudicated in a Maine court within the past 5 years as 
having committed a juvenile offense involving conduct that, if committed by 
an adult, would have been a violation of Title 17 -A, chapter 45? 
(ee) Have you been adjudged in a Maine court to have committed the civil 
violation of possession of a useable amount of marijuana, butyl nitrite or 
isobutyl nitrite in violation of Title 22, section 2383 within the past 5 years? 
(ff) Have you been adjudicated in a Maine court within the past 5 years as 
having committed the juvenile crime defined in Title 15, section 3103, 
subsection 1, paragraph B of possession of a useable amount of marijuana, as 
provided in Title 22, section 2383?; and 
E. Does the following: 
(1) At the request of the issuing authority, takes whatever action is required by 
law to allow the issuing authority to obtain from the Department of Health and 
Human Services, limited to records of patient committals to Riverview 
Psychiatric Center and Dorothea Dix Psychiatric Center, the courts, law 
enforcement agencies and the military information relevant to the following: 
(a) The ascertainment of whether the information supplied on the application 
or any documents made a part of the application is true and correct; 
(b) The ascertainment of whether each of the additional requirements of this 
section has been met; and 
(c) Section 2005; 
(2) If a photograph is an integral part of the permit to carry concealed firearms 
adopted by an issuing authority, submits to being photographed for that purpose; 
(3) If it becomes necessary to resolve any questions as to identity, submits to 
having fingerprints taken by the issuing authority; 
(4) Submits an application fee along with the written application to the proper 
issuing authority pursuant to the following schedule: 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT "A " 
to H.P. 874, L.D. 1176 
(a) Resident of a municipality or unorganized territory, $35 for an original 
application and $20 for a renewal, except that a person who paid $60 for a 
concealed firearms permit or renewal during 1991 or 1992 is entitled to a 
credit toward renewal fees in an amount equal to $30 for a person who paid 
$60 for an original application and $45 for a person who paid $60 for a 
permit renewal. The credit is valid until fully utilized; and 
(b) Nonresident, $60 for an original or renewal application, except that a 
person who paid $80 for a concealed firearms permit during 1991 or 1992 is 
entitled to a $20 credit toward permit renewal fees. The credit is valid until 
fully utilized; and 
(5) Demonstrates to the issuing authority a knowledge of handgun safety. The 
applicant may fully satisfy this requirement by submitting to the issuing 
authority, through documentation in accordance with this subparagraph, proof 
that the applicant has within 5 years prior to the date of application completed a 
course that included handgun safety offered by or under the supervision of a 
federal, state, county or municipal law enforcement agency or a firearms 
instructor certified by a private firearms association recognized as knowledgeable 
in matters of firearms safety by the issuing authority or by the state in which the 
course was taken. 
A course completion certificate or other document, or a 
photocopy, is sufficient if it recites or otherwise demonstrates that the course 
meets all of the requirements of this subparagraph. 
As an alternative way of fully satisfying this requirement, an applicant may 
personally demonstrate knowledge of handgun safety to an issuing authority, if 
the issuing authority is willing to evaluate an applicant's personal demonstration 
of such knowledge. The issuing authority is not required to offer this 2nd option. 
The demonstration of knowledge of handgun safety to the issuing authority may 
not be required of any applicant who holds a valid State state permit to carry a 
concealed firearm as of April 15, 1990 or of any applicant who was or is in any 
of the Armed Forces of the United States and has received at least basic firearms 
training. 
Sec. 2. 25 MRSA §2003, sub-§2, ~A-2, as enacted by PL 2003, c. 341, §6, is 
amended to read: 
A-2. 
That the applicant understands that an affirmative answer to subsection 1, 
paragraph D, subparagraph (5), division (p) is cause for refusal if the order of the 
court meets the preconditions contained in Title 15, section 393, subsection 1, 
paragraph D. If the order of the court does not meet the preconditions, the conduct 
underlying the order may be used by the issuing authority, along with other 
information, in judging geed meral oharacter evidence of behavior contrary to public 
safety under subsection 4; 
Sec. 3. 25 MRSA §2003, sub-§2, ~B-l, as amended by PL 2003, c. 341, §8, is 
further amended to read: 
B-1. That the applicant understands that an affirmative answer to one or more of the 
questions in subsection 1, paragraph D, subparagraph (5), divisions (b) to U), (m), (y), 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A .. to H.P. 874, L.D. 1176 
(z) or (aa) to (ff) is used by the issuing authority, along with other information, in 
judging good FHoral cHaracter evidence of behavior contrary to public safety under 
subsection 4; and 
Sec. 4. 25 MRSA §2003, sub-§4, as amended by PL 1995, c. 694, Pt. D, §51 and 
affected by Pt. E, § 2, is further amended to read: 
4. 
Evidence of behavior contrary to public safety. The issuing authority in 
judging good moral cHaraoter evidence of behavior contrary to public safety shall make 
its determination in writing based solely upon information recorded by governmental 
entities within 5 years of receipt of the application, including, but not limited to, the 
following matters: 
A. Information of record relative to incidents of abuse by the applicant of family or 
household members, provided pursuant to Title 19-A, section 4012, subsection 1; 
B. Information of record relative to 3 or more convictions of the applicant for crimes 
punishable by less than one year imprisonment or one or more adjudications of the 
applicant for juvenile offenses involving conduct that, if committed by an adult, is 
punishable by less than one year imprisonment; 
C. Information of record indicating that the applicant has engaged in reckless or 
negligent conduct; or 
D. Information of record indicating that the applicant has been convicted of or 
adjudicated as having committed a violation of Title 17 -A, chapter 45 or Title 22, 
section 2383, or adjudicated as having committed a juvenile crime that is a violation 
of Title 22, section 2383 or a juvenile crime that would be defined as a criminal 
violation under Title 17-A, chapter 45 if committed by an adult. 
Sec. 5. 25 MRSA §2003, sub-§5, as amended by PL 1995, c. 694, Pt. D, §52 and 
affected by Pt. E, §2 and amended by PL 2005, c. 236, §§3 and 4, is further amended to 
read: 
5. Access to confidential records. Notwithstanding that certain records retained by 
governmental entities are by law made confidential, the records pertaining to patient 
committals to Riverview Psychiatric Center and Dorothea Dix Psychiatric Center, and 
records compiled pursuant to Title 19-A, section 4012, subsection 1, that are necessary to 
the issuing authority's determination of whether the applioaRt's good moral oHaraoter 
applicant shows any evidence of behavior contrary to public safety and compliaaoe 
complies with the additional requirements of this section and of section 2005 must, at the 
request of the issuing authority, be made available for inspection by and dissemination to 
the issuing authority. 
Sec. 6. 25 MRSA §2006, first" as enacted by PL 1985, c. 478, §2, is amended 
to read: 
Notwithstanding Title 1, sections 401 to 410, all applications for a permit to carry 
concealed firearms and documents made a part of the application, refusals and any 
information of record collected by the issuing agency during the process of ascertaining 
whether an applicant is of good moral cHaracter does not show evidence of behavior 
contrary to public safety and meets the additional requirements of sections 2003 and 
2005, are confidential and may not be made available for public inspection or copying. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT·A "to H.P. 874, L.D. 1176 
The applicant may waive this confidentiality by written notice to the issuing authority. 
All proceedings relating to the issuance, refusal or revocation of a permit to carry 
concealed firearms are not public proceedings under Title 1, chapter 13, unless otherwise 
requested by the applicant.' 
SUMMARY 
This amendment is the minority report of the committee. It removes the requirement 
that an applicant for a concealed firearms permit demonstrate that the applicant is of good 
moral character and replaces it with the requirement that the applicant show no evidence 
of behavior contrary to public safety. 
COMMITTEE AMENDMENT