An Act To Upgrade the Concealed Handgun Permit Law
Maine Legislature, Session 127, LD 0823
House Amendment HA_B_H388 (House)
Amends: 25 MRSA §2003, 25 MRSA §2006

HOUSE AMENDMENT ,,!J "to H.P. 557, L.D. 823, Bill, "An Act To Upgrade the 
Concealed Handgun Permit Law" 
Amend the bill by striking out all of sections 3 and 4 and inserting the following: 
'Sec. 3. 25 MRSA §2003, sub-§l, as amended by PL 2011, c. 298, §7, is further 
amended to read: 
1. 
Criteria for issuing permit. 
The issuing authority shall,upon written 
application, issue a permit to cany concealed handguns to an applicant over whom it has 
issuing authority a£.4-..whe-has demonstrated good moral character 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 conviction; 
D. Submits an application that contains the following: 
(1) Full name; 
(2) Full cun-ent 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 fireanns, handguns or other concealed weapons by any 
issuing authority in the State or any other jurisdiction. The record of previous 
refusals 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? 
HOUSE A ENDMENT 
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HOUSE AMENDMENT "6,, to H.P, 557, L.D, 823 
(b) Is there a formal charging illstl1lment now pending against you in this 
State for a clime under the laws of tlus State that is punishable by 
imprisonment for a tenn of one year or more? 
( c) Is there a fOlmal charging instrument now pending against you in any 
federal court for a crime under the laws of the United States that is 
plmishable by imprisonment for a telm exceeding one year? 
(d) Is there a fonnal charging instmment 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 of 2 years or less? 
(f) Is there a fonnal charging instl1lment pending against you in another state 
for a crime punishable in that state by a term of imprisonment of 2 years or 
le~s 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 instl1lment 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 firearm against a 
person or with the use of a dangerous weapon as defmed in Title 17 -A, 
section 2, subsection 9, paragraph A? 
(h) Is there a fonnal charging instmment now pending against you in this or 
any other jurisdiction for a juvenile offense that, if committed by an adult, 
would be a crime desctibed in division (b), (c), (d) or (f) and involves bodily 
injruy or threatened bodily injruy against another person? 
(i) Is there a fonnal charging instrmnent now pending against you in this or 
any other jurisdiction for a juvenile offense that, if committed by an adult, 
would be a clime described in division (g)? 
(j) Is there a fonnal charging instmment 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 (t), but does not 
involve bodily injury or threatened bodily injury against another person? 
(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), (t) 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)? 
HOUSE A ENDMENT 
HOUSE AMENDMENT ".6" to H.P. 557, L.D. 823 
(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 tenn 
ofimprisomnent of2 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 (j)? 
(P) Are you cunentLy 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 injUly to that intimate 
partner or the child? 
(q) Are you a fugitive from justice? 
(r) Are you a chug abuser, di-ug addict or chug 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 18-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 10577 
(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? 
(z) Have you been convicted in any jlUisdiction within the past 5 years of 3 
or more crimes punishable by a tenn of imprisonment of less than one year or 
of crimes classified under the laws of a state as a misdemeanor and 
punishable by a tenn 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)? 
HOUSE AMENDMENT 
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HOUSE AMENDMENT ~ 
"to H.P. 557, L.D. 823 
(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 comt within the past 5 years of any 
Title l7-A, chapter 45 drug clime? 
(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 cOUlt 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 conunitted the juvenile clime 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 Depaliment of Health and 
Human Services, lhnited 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 cOlTect; 
(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 pelT11it to cany concealed handguns 
adopted by an the issuing autholity, 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 fJl'6PeF 
issuing authority pursuant to the following schedule; 
(a) Resident of a municipality or unorganized territory, $35 for an orighlal 
application and $20 for a renewal, except that a person who paid $60 for a 
concealed firearms permit or renewal dming 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 
HOUSE AMENDMENT 
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HOUSE AN[END1vIENT jj "to H.P. 557, L.D. 823 
(b) Nomesident, $60 for an original or renewal application; and 
(5) Demonstrates to the issuing authority a lmowledge of handgun safely. 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 '.vithin 5 years pdor to the-4at-e--of applioation 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 lmowledgeable 
in matters of handgun safety by the issuing authOlity 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 the issuing authOlity, 
if the issuing authOlity 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 permit to carry a 
concealed fire ann 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 fll'eanns 
training. 
Sec. 4. 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 affrrmative 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 preoonditions, the conduct 
underlying the order may be used by the issuing authority, along vAth other 
information, in judging good moral character under subsection 4; 
Sec. 5. 25 MRSA §2003, sub-§2, 'ffB, as amended by PL 2003, c. 341, §7, is 
further amended to read: 
B. That the applicant understands that an affrrmative answer to one or more of the 
questions in subsection 1, paragraph D, subparagraph (5), divisions (a), (k), (n) or (q) 
to (x) is cause for refusal; and 
Sec. 6. 25 MRSA §2003, sub-§2, 1B-l, as amended by PL 2003, c. 341, §8, is 
repealed. 
Sec. 7. 25 MRSA §2003, sub-§3-A, as amended by PL 2011, c. 298, §7, is 
further amended to read: 
3-A. Model forms. 
The Attorney General shall develop model fonus for the 
following: 
HOUSE AMENDMENT 
HOUSE AMENDMENT "b" to H.P. 557, L.D. 823 
A. An application for a resident pennit to carry concealed handguns; 
B. An application for a nonresident pennit to carry concealed handguns; 
C. A resident pemrit to carry concealed handguns of which a photograph is an 
integral part; 
D. A resident permit to cany concealed handguns of which a photograph is not an 
integral pari; 
E. A nonresident permit to carry concealed handguns; and 
F. 
Authority to release infonnation to the issuing authority for the purpose of 
evaluating infonnation supplied on the application. 
Baeh The issuing authority shall utilize only the model forms. 
Sec. 8. 25 MRSA §2003, sub-§4, as amended by PL 1995, c. 694, Pt. D, §51 and 
affected by Pt. E, §2, is repealed. 
Sec. 9. 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 
govemmental 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 ar'e necessary to 
the issuing authority's detennmation of the applicant's geed moral oharaoter and 
compliance 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. 10. 25 MRSA §2003, sub-§8, as amended byPL 2011, c. 298, §7, is further 
amended to read: 
8. Term of permit. All concealed handgun permits are valid for -4- 10 years from 
the date of issue, unless sooner revoked for cause by the issuing authority. If a permit 
renewal is issued before the expiration date of the permit being renewed or within 6 
months of the expiration date of the permit being renewed, the permit renewal is valid for 
4- 10 years from the expiration date of the penuit being renewed.' 
Amend the bill by striking out all of section 6 (page 3, lines 1 and 2 in L.D.) and 
inserting the following: 
'Sec. 6. 25 MRSA §2003, sub-§15, as amended by PL 2015, c. 123, §1, is 
repealed.' 
Amend the billby inserting after section 8 the following: 
'Sec. 9. 25 MRSA §2006, sub~§l, as enacted by PL 2013, c. 54, § 1, is al11ended 
to read: 
1. Application, refusals and collected information; proceedings. All applications 
for a permit to cany concealed handguns and documents made a part of the application, 
refusals and any infonnation of record collected by the issuing authority during the 
HOUSE AMENDMENT 
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HOUSE AMENDNIENT <,p» to H.P. 557, L.D. 823 
process of asceliaining whether an applicant is-of good moral charaoter and meets the 
aaait-ional requirements of sections 2003 and 2005 are confidential and are not public 
records for the purposes of Title 1, chapter 13, subchapter 1. The applicant may waive 
this confidentiality by Wlitten notice to the issuing authority. All proceedings relating to 
the issuance, refusal, suspension or revocation of a permit to carry concealed handguns 
are not public proceedings under Title 1, chapter 13, unless otherwise requested by the 
applicant.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment removes all references to good moral character in the law governing 
permits to cany concealed handguns. It also corrects a legislative history to reflect action 
taken by the First Regular Session of the 127th egislature. 
SPONSORED B 
:c.:d~~~::::::::~==-____ _ 
(Representative SHAW) 
TOWN: Standish 
FISCAL ::\'OTE REQUIRED 
(~ee .a.~~.s~.ed). 
. ."OJ 
HOUSE AMEND ENT 
Approved: 06/10/15 
7'.i7ac 
LD 823 
LR 1599(05) 
An Act To Upgrade the Concealed Handgun Permit Law 
Fiscal Note for House Amendment ,fly to Original Bill 
Sponsor: Rep. Shaw of Standish 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium revenue increase - General Flmd 
Potential current biennium revenue increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
This amendment repeals the provisions of law requiring a review of good moral character prior to issuing a concealed 
weapons permit and may increase permits issued, resulting in an increase in General Fund and Other Special Revenue 
Funds revenue.