An Act To Promote the Safe Use and Sale of Firearms
Maine Legislature, Session 129, LD 0747
Committee: Criminal Justice and Public Safety
Sponsors: CARDONE, GRATWICK, COLLINGS, SANBORN
Amends: 15 MRSA §455

Legislative Document
No. 747
H.P. 552
House of Representatives, February 11, 2019
An Act To Promote the Safe Use and Sale of Firearms
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative CARDONE of Bangor.
Cosponsored by Senator GRATWICK of Penobscot and
Representative: COLLINGS of Portland, Senators: SANBORN, H. of Cumberland, 
SANBORN, L. of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA §§394 and 395 are enacted to read:
§394.  Sale or transfer of firearms to prohibited persons; strict liability
1. Unlawful sale or transfer; strict liability.  A person may not sell or transfer a
firearm to a prohibited person as described in section 393.
2. Penalty.  The following penalties apply to violations of this section.
A.  A person who violates subsection 1 commits a civil violation for which a fine of 
$500 must be adjudged.
B.  A person who violates subsection 1 after having been adjudicated as having 
committed a civil violation under subsection 1 commits a Class E crime, which is a 
strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
3. Affirmative defense.  It is an affirmative defense to prosecution under this section
that the seller or transferor of the firearm requested that a federally licensed firearms 
dealer complete a computerized background check under the Federal Bureau of 
Investigation, National Instant Criminal Background Check System, or successor 
background check system approved by the Attorney General of the United States, on the 
purchaser or transferee prior to the sale or transfer of the firearm and the background 
check indicated that the person was not a prohibited person.
§395.  Sale or transfer of firearms to prohibited persons; culpable mental state
1. Unlawful sale or transfer; culpable mental state.  A person is guilty of selling
or transferring a firearm to a prohibited person if that person intentionally or knowingly 
sells or transfers a firearm to a person that the seller or transferor knows or believes is 
prohibited from possessing a firearm under section 393.
2. Penalty.  A violation of this section is a Class D crime.
Sec. 2.  15 MRSA §455, sub-§2, as amended by PL 2017, c. 81, §1, is further 
amended to read:
2. False or fictitious name.  A person may not give a false or fictitious name to a
firearms dealer.  A person who violates this subsection commits a civil violation for 
which a fine of $50 may $1,000 must be adjudged.
Sec. 3.  Study group to review and make recommendations regarding the 
"blue paper" process related to persons who are temporarily prohibited 
from possessing firearms.  The Chief of the State Police shall convene a study group 
to review and make recommendations regarding the so-called blue paper process for 
persons admitted to a psychiatric hospital on an emergency basis pursuant to the Maine 
Revised Statutes, Title 34-B, section 3863 who are temporarily prohibited from 
possessing firearms.  The Chief of the State Police shall invite representatives from the 
following to participate in this review:  the Office of the Attorney General, the 
Department of Health and Human Services, the Maine Prosecutors Association, 
Disability Rights Maine and any other interested parties that the Chief of the State Police 
determines appropriate.  The Chief of the State Police shall report the recommendations 
of the study group to the Joint Standing Committee on Criminal Justice and Public Safety 
by January 30, 2020.  Following receipt of the report, the Joint Standing Committee on 
Criminal Justice and Public Safety may report out a bill to the Second Regular Session of 
the 129th Legislature.
Sec. 4.  Maine Revised Statutes headnote amended; revision clause.  In the 
Maine Revised Statutes, Title 15, chapter 15, in the chapter headnote, the words 
"possession of firearms by prohibited persons" are amended to read "possession of 
firearms by prohibited persons and unlawful sale or transfer of firearms to prohibited 
persons" and the Revisor of Statutes shall implement this revision when updating, 
publishing or republishing the statutes.
SUMMARY
This bill does the following.
1. It creates the civil violation of the sale or transfer of a firearm to a prohibited
person and provides that a 2nd or subsequent offense is a strict liability Class E crime.  
The bill also creates an affirmative defense to prosecution under this new civil violation 
and crime that the seller or transferor of the firearm requested a federally licensed 
firearms dealer to conduct a computerized background check under the Federal Bureau of 
Investigation, National Instant Criminal Background Check System on the purchaser or 
transferee prior to the sale or transfer of the firearm and the background check indicated 
that the purchaser or transferee was not a prohibited person.
2. It creates the Class D crime of the sale or transfer of a firearm to a prohibited
person.  A person is guilty of this crime if that person intentionally or knowingly sells or 
transfers a firearm to another person that the seller or transferor knows or believes is 
prohibited from possessing a firearm.
3. It increases the fine from $50 to $1,000 for the civil violation of giving a false or
fictitious name to a firearms dealer and makes the fine mandatory.
4. It requires the Chief of the State Police to convene a study group to review and
make recommendations regarding the so-called blue paper process as it relates to persons 
admitted to a psychiatric hospital on an emergency basis who are temporarily prohibited 
from possessing firearms.  Representatives from the following are invited to participate in 
this review:  the Office of the Attorney General, the Department of Health and Human 
Services, the Maine Prosecutors Association, Disability Rights Maine and any other 
interested parties that the Chief of the State Police determines appropriate.  The Chief of 
the State Police is required to report the recommendations of the study group to the Joint 
Standing Committee on Criminal Justice and Public Safety by January 30, 2020.  
Following receipt of the report, the Joint Standing Committee on Criminal Justice and 
Public Safety may report out a bill to the Second Regular Session of the 129th 
Legislature.