An Act to Strengthen Public Safety by Improving Maine's Firearm Laws and Mental Health System
Maine Legislature, Session 131, LD 2224
Committee: Judiciary
Sponsors: ROTUNDO, CLOUTIER, DAUGHTRY, JACKSON, VITELLI, TALBOT ROSS, TERRY
Amends: 15 MRSA §393, 15 MRSA §394, 15 MRSA §395, 22-A MRSA §203, 25 MRSA §2804-C, 34-B MRSA §3613, 34-B MRSA §3862-A

Legislative Document
No. 2224
S.P. 953
In Senate, February 22, 2024
An Act to Strengthen Public Safety by Improving Maine's Firearm 
Laws and Mental Health System
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator ROTUNDO of Androscoggin.  (GOVERNOR'S BILL)
Cosponsored by Representative CLOUTIER of Lewiston and
Senators: DAUGHTRY of Cumberland, President JACKSON of Aroostook, VITELLI of 
Sagadahoc, Representatives: Speaker TALBOT ROSS of Portland, TERRY of Gorham.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA §393, sub-§1, ¶E-1, as enacted by PL 2019, c. 411, Pt. C, §2 
and affected by Pt. D, §3, is amended to read:
E-1.  Is currently a restricted person under pursuant to Title 34‑B, section 3862‑A, 
subsection 2 or Title 34-B, section 3862-A, subsection 6, paragraph D or a similar order 
issued by another jurisdiction, except that the prohibition applies to possession and 
control, and not ownership.  A permit issued pursuant to subsection 2 is not a defense 
to a violation of this paragraph. Violation of this paragraph is a Class D crime;
Sec. 2.  15 MRSA §394, sub-§2, as enacted by PL 2023, c. 305, §1, is amended to 
read:
2.  Sale or transfer prohibited.  A person may not recklessly, knowingly or 
intentionally sell or transfer a firearm to a person who is prohibited from owning, 
possessing or having under that person's control a firearm pursuant to section 393 and who 
does not have a permit issued under section 393. This subsection does not apply to the sale 
or transfer of an antique firearm.
Violation of this subsection is a Class D C crime.
Sec. 3.  15 MRSA §395 is enacted to read:
§395.  Background checks of firearms buyers
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Buy" means to acquire ownership for monetary or other consideration.
B.  "Buyer" means a person who buys from a seller.
C.  "Family member" means a spouse, domestic partner, parent, stepparent, foster 
parent, child, stepchild, foster child or person related by consanguinity within the 2nd 
degree.
D.  "Federally licensed firearms dealer" or "dealer" means a person who is licensed or 
is required to be licensed as a dealer under 18 United States Code, Section 923(a)(3).
E.  "Firearm" has the same meaning as in Title 17-A, section 2, subsection 12-A.
F.  "Gun show" means any gathering or exhibition at which any firearm is displayed 
that is:
(1)  Open to the public; 
(2)  Not occurring on the permanent premises of a federally licensed firearms 
dealer; and
(3)  Conducted principally for the purposes of transactions.
G.  "Sell" means to transfer ownership for monetary or other consideration.
H.  "Seller" means a person who sells to a buyer.
I. "Transaction" means the transfer of ownership of a firearm from a seller to a buyer.
2.  Transactions covered by this section.   This section applies only to transactions in 
which:
A.  A seller sells to a buyer at a gun show; or
B.  A seller sells to a buyer as a result of an advertisement, posting, display or other 
listing on the Internet or in a publication.
3.  Transactions not covered by this section.  This section does not apply to 
transactions in which:
A.  The buyer and seller are family members; or
B.  The transaction is for a firearm that is:
(1)  A curio or relic, as defined in 27 Code of Federal Regulations, Section 478.11, 
as in effect on November 19, 2019, and the sale, transfer or exchange is between 
collectors as defined in 18 United States Code, Section 921(a)(13), as in effect on 
June 25, 2022, who each have in their possession a valid collector of curios and 
relics license issued by the United States Department of Justice, Bureau of Alcohol, 
Tobacco, Firearms and Explosives; or
(2)  An antique firearm, as defined in 18 United States Code, Section 921(a)(16), 
as in effect on June 25, 2022.
4.  Requirement for transactions covered by this section.  A seller who is not a 
federally licensed firearms dealer may not complete a transaction to which this section 
applies unless the seller facilitates the transaction through a federally licensed firearms 
dealer.  The dealer shall perform a background check of the putative buyer by using the 
Federal Bureau of Investigation, National Instant Criminal Background Check System in 
the same manner as if the dealer were the seller of the firearm that is the subject of the 
transaction.  If the background check reveals that the putative buyer is prohibited from 
purchasing a firearm, the dealer shall notify the seller of that fact and of the fact that the 
transaction may not proceed.  The dealer may charge a reasonable fee for serving as the 
facilitator.  
5.  Violations.  A person who sells a firearm in violation of this section commits a 
Class C crime.
Sec. 4.  22-A MRSA §203, sub-§2, as enacted by PL 2003, c. 689, Pt. A, §1, is 
amended to read:
2.  Additional programs and services for children and families.  The department 
shall provide children and families with additional programs and services to assist them in 
meeting their needs, including, but not limited to:
A.  Child welfare services;
B.  Head Start and child care services;
C.  Maternal and child health services, including home visiting programs;
D.  Paternity establishment and child support enforcement services; and
E.  Residential and long-term care services for children with disabilities.; and
F.  Injury and violence prevention programs, including data collection, synthesis and 
evaluation.
Sec. 5.  25 MRSA §2804-C, sub-§2-E, as enacted by PL 2019, c. 411, Pt. C, §4 
and affected by Pt. D, §3, is amended to read:
2-E.  Receipt of certain dangerous weapons; training; procedure; liability.  
Beginning in 2020, the Maine Criminal Justice Academy Board of Trustees shall require 
training as part of its mandated training schedule for municipal, county and state law 
enforcement officers regarding the process for protection from substantial threats by a 
restricted person extreme risk protection orders and the proper handling, storage, 
safekeeping and return of dangerous weapons received pursuant to an endorsement or court 
order under Title 34‑B, section 3862‑A or 3873‑A.  The training must include education 
concerning the prohibitions on the purchase, control or possession of dangerous weapons.  
A law enforcement officer who receives custody of a dangerous weapon pursuant to Title 
34‑B, section 3862‑A or 3873‑A shall exercise reasonable care to avoid loss, damage or 
reduction in value of the weapon and may not permanently mark or fire the weapon unless 
there is reasonable suspicion that the weapon has been used in the commission of a crime.  
Any liability for damage or reduction in value to such a weapon is governed by Title 14, 
chapter 741.
Sec. 6.  34-B MRSA §3613 is enacted to read:
§3613.  Crisis receiving centers
1.  Definition.  As used in this section, unless the context otherwise indicates, "crisis 
receiving center" means a center that provides immediate and short-term walk-in access to 
an array of both clinical and nonclinical mental health and substance use disorder crisis 
stabilization services to all individuals seeking care regardless of severity or insurance 
coverage and within bounds of licensing.
2.  Department to develop plan and serve as coordinator.  The department shall 
develop a plan for a network of community-based crisis receiving centers across the State 
to support both clinical and nonclinical mental health and substance use disorder crisis 
stabilization services.  The department shall also coordinate meetings, technical assistance 
and training and provide other assistance to help create, maintain and, as necessary, expand 
the network.
3.  Guidelines.  In carrying out its duties under subsection 2, the department shall: 
A.  Consult with law enforcement agencies, municipalities, public health experts, 
behavioral health care providers, other states and others as appropriate; 
B.  Assess geographical locations for maximization of community impact; 
C.  Provide technical assistance to persons and entities across the State and providers 
interested in joining the network; 
D.  Coordinate regular meetings with crisis receiving centers and provide technical 
assistance to crisis receiving centers; and 
E.  Engage in continual process improvement and planning updates.
Sec. 7.  34-B MRSA §3862-A, as enacted by PL 2019, c. 411, Pt. A, §1 and affected 
by Pt. D, §3, is amended by amending the section headnote to read:
§3862-A.  Protection from substantial threats Extreme risk protection orders
Sec. 8.  34-B MRSA §3862-A, sub-§1, ¶C, as enacted by PL 2019, c. 411, Pt. A, 
§1 and affected by Pt. D, §3, is amended to read:
C.  "Initial restrictions" means the immediate and temporary 14‑day 30-day 
threat‑based restrictions pursuant to subsection 4.
Sec. 9.  34-B MRSA §3862-A, sub-§2, ¶B, as enacted by PL 2019, c. 411, Pt. A, 
§1 and affected by Pt. D, §3, is amended to read:
B.  The medical practitioner under paragraph A this subsection shall assess whether the 
person presents a likelihood of foreseeable harm.  In assessing the person, a medical 
practitioner may consult with other medical professionals as the medical practitioner 
determines advisable.  If the medical practitioner finds that the person can benefit from 
treatment and services, the medical practitioner shall refer the person to treatment and 
services. The medical practitioner may rely on information provided by a 3rd party if 
it reasonably appears that the 3rd party has had recent personal observations of or 
conversations with the person being assessed.
Sec. 10.  34-B MRSA §3862-A, sub-§2, ¶C, as enacted by PL 2019, c. 411, Pt. A, 
§1 and affected by Pt. D, §3, is amended to read:
C.  Notwithstanding any provision of law to the contrary, an assessment pursuant to 
this section may be performed at a health care facility but or, when available and as 
appropriate, must may be performed at an alternative location. The assessment may be 
facilitated using telehealth technology. If the assessment is provided at a health care 
facility, law enforcement shall, upon request of the facility and consistent with section 
3863, subsection 2‑A, absent compelling circumstances, assist the facility with the 
security of the person awaiting the assessment under this section.
Sec. 11.  34-B MRSA §3862-A, sub-§2, ¶C-1 is enacted to read:
C-1.  The assessment required by this subsection must be performed while the person 
being assessed remains in protective custody, except that the assessment may be 
performed within 24 hours after the person is released from protective custody if:
(1)  The protective custody stemmed from a law enforcement officer's probable 
cause to believe the person was mentally ill and presented a likelihood of serious 
harm because the person possesses, controls or may acquire a dangerous weapon; 
and
(2)  An assessment under section 3863 has occurred.
Sec. 12.  34-B MRSA §3862-A, sub-§2-A is enacted to read:
2-A.  Protective custody warrant for purposes of conducting an assessment.  If a 
law enforcement officer is unable to take a person into protective custody to conduct an 
assessment under this section, the law enforcement officer may apply for a protective 
custody warrant.  The officer must submit an affidavit of probable cause for a protective 
custody warrant to a Justice of the Superior Court or a Judge of the District Court.
The justice or judge shall issue a protective custody warrant and promptly transmit that 
warrant to the officer for execution upon finding the affidavit under this subsection is 
sufficient to establish:
A.  Probable cause to believe that the person is mentally ill and due to that condition 
presents a likelihood of serious harm;
B.  Probable cause to believe that the person possesses, controls or may acquire a 
dangerous weapon; and
C.  That the officer has made reasonable attempts to take the person into custody 
without a warrant.
A warrant transmitted by facsimile machine or an electronic warrant transmitted by secure 
electronic means has the same legal effect and validity as an original endorsement signed 
by the justice or judge.  The electronic arrest warrant or paper arrest warrant may be 
executed by a law enforcement officer authorized to take the person into protective custody 
as provided in subsection 2.
Sec. 13.  34-B MRSA §3862-A, sub-§3, as enacted by PL 2019, c. 411, Pt. A, §1 
and affected by Pt. D, §3, is amended to read:
3.  Notification by medical practitioner and judicial endorsement.  A medical 
practitioner shall notify in writing the law enforcement officer or law enforcement agency 
that took the person into protective custody under subsection 2 that, based on the 
assessment under subsection 2, paragraph B, the person is found to present a likelihood of 
foreseeable harm.  If so notified, the law enforcement officer or law enforcement agency 
shall as soon as practicable seek endorsement by a Superior Court Justice, District Court 
Judge, judge of probate or justice of the peace Justice of the Superior Court or a Judge of 
the District Court of the medical practitioner's assessment and law enforcement's 
declarations that the person was taken into protective custody and that the law enforcement 
officer has probable cause to believe that the person possesses, controls or may acquire a 
dangerous weapon. If a Judge of the District Court is not available in the division in which 
a complaint requesting an endorsement is to be filed, the complaint may be presented to 
another Judge of the District Court or to any Justice of the Superior Court.  A Justice of the 
Superior Court has the same authority as a Judge of the District Court to grant or deny the 
endorsement. The judge justice or justice judge shall promptly transmit to the law 
enforcement officer or agency the decision to endorse or not endorse.  A decision 
transmitted electronically has the same legal effect and validity as a signed original.  An 
endorsement must authorize law enforcement to execute the authority in subsection 4.  This 
section may not be construed to prevent law enforcement from accepting a voluntary 
surrender of dangerous weapons.
Sec. 14.  34-B MRSA §3862-A, sub-§4, as enacted by PL 2019, c. 411, Pt. A, §1 
and affected by Pt. D, §3, is amended to read:
4.  Initial restrictions; notice by law enforcement.  A person whose assessment is 
endorsed by a judicial officer under subsection 3 becomes, at the time of notice by a law 
enforcement officer under paragraph B, a restricted person subject to initial restrictions and 
subject to the prohibitions in Title 15, section 393, subsection 1, paragraphs E‑1 and E‑2 as 
follows:
A.  The restricted person, after notice under paragraph B:
(1)  Is prohibited from possessing, controlling, acquiring or attempting to possess, 
control or acquire a dangerous weapon pending the outcome of a judicial hearing;
(2)  Shall immediately and temporarily surrender any weapons possessed, 
controlled or acquired by the restricted person to a law enforcement officer who 
has authority in the jurisdiction in which the weapons are located pending the 
outcome of a judicial hearing; and
(3)  Has a right to a judicial hearing within 14 30 days of notice under paragraph 
B; and
B.  A law enforcement officer shall, as soon as practicable, but no later than 24 hours 
after the judicial endorsement, unless the restricted person is medically incapacitated, 
in which case within 48 hours after the law enforcement officer has been notified that 
the person is no longer medically incapacitated:
(1)  Notify the restricted person that the restricted person:
(a)  Is prohibited from possessing, controlling, acquiring or attempting to 
possess, control or acquire a dangerous weapon pending the outcome of a 
judicial hearing;
(b)  Is required to immediately and temporarily surrender any weapons 
possessed, controlled or acquired by the restricted person to a law enforcement 
officer who has authority in the jurisdiction in which the weapons are located 
pending the outcome of a judicial hearing; and
(c)  Has a right to a judicial hearing within 14 30 days of the notice under this 
paragraph;
(2)  Notify the contact person, if any, disclosed by the restricted person to the 
medical practitioner and the district attorney in the district of the restricted person's 
residence where the person was taken into protective custody of the person's 
restricted status; and
(3)  Report the person's restricted status to the Department of Public Safety as soon 
as practicable.
Sec. 15.  34-B MRSA §3862-A, sub-§6, ¶A, as enacted by PL 2019, c. 411, Pt. A, 
§1 and affected by Pt. D, §3, is amended to read:
A.  Within 5 14 days of the date of the notice given to a restricted person under 
subsection 4, paragraph B, the district attorney the court shall schedule a hearing in the 
district of the restricted person's residence shall file a petition for judicial review of the 
initial restrictions by the district court.  The district attorney shall provide where the 
person was taken into protective custody and provide notice of the hearing to the 
restricted person written notice of the petition and hearing at least 7 days prior to the 
hearing.  The restricted person has the right to be represented by counsel at the hearing, 
and the court may appoint counsel for an indigent party.  Upon a showing of good 
cause, the court may extend the time to hold the hearing.
Sec. 16.  34-B MRSA §3862-A, sub-§6, ¶B, as enacted by PL 2019, c. 411, Pt. A, 
§1 and affected by Pt. D, §3, is amended to read:
B.  Within 14 30 days of the notice given under subsection 4, the court shall hold a 
hearing to determine whether to dissolve or extend the initial restrictions.  In the 
hearing determining whether to dissolve or extend the initial restrictions, the district 
attorney has the burden to prove by clear and convincing evidence that the restricted 
person presents a likelihood of foreseeable harm.  Upon a showing of good cause, the 
court may extend the time to hold the hearing.
Sec. 17.  34-B MRSA §3862-A, sub-§6, ¶C, as enacted by PL 2019, c. 411, Pt. A, 
§1 and affected by Pt. D, §3, is amended to read:
C.  In determining whether there are grounds to extend the initial restrictions, the court 
shall consider all relevant evidence, including, but not limited to, recent threats or acts 
of violence by the restricted person directed toward other persons; recent threats or acts 
of violence by the restricted person directed toward the restricted person; recent acts of 
unlawful abuse of animals by the restricted person; the reckless use or threatening 
display of a dangerous weapon by the restricted person; a history of the use, attempted 
use or threatened use of physical force by the restricted person against other persons; a 
record of prior custodial events or restrictions under this section; prior involuntary 
confinement of the restricted person in a hospital for persons with psychiatric 
disabilities; prior protection from abuse and protection from harassment orders against 
the restricted person or violations regarding protection from abuse or protection from 
harassment by the restricted person; evidence of stalking behavior, severe obsession or 
sexual violence by the restricted person; the illegal use of controlled substances by the 
restricted person; and evidence of alcohol or drug abuse by the restricted person. The 
court may consider affidavits and other reliable hearsay in making this determination. 
The court shall also consider whether the restricted person is receiving treatment 
responsive to that person's mental health or substance use needs.
Sec. 18.  34-B MRSA §3862-A, sub-§6, ¶D, as enacted by PL 2019, c. 411, Pt. A, 
§1 and affected by Pt. D, §3, is amended by amending subparagraph (5) to read:
(5)  A court shall electronically update or transmit to the Department of Public 
Safety, Bureau of State Police an abstract of the order issued by the court pursuant 
to this section that includes a prohibition on the possession of a dangerous weapon 
within 72 hours of the order's being issued.  The abstract must include the name, 
date of birth and gender of the person who is the subject of the order; the court's 
order and the expiration date of that order; and a notation that the person has been 
notified by the court.
The abstract required by this subparagraph is confidential and is not a public record 
as defined in Title 1, chapter 13; however, the information contained in the abstract 
or a copy of the abstract may be provided by the Department of Public Safety to a 
criminal justice agency for law enforcement purposes, to the Federal Bureau of 
Investigation, National Instant Criminal Background Check System or to an 
issuing authority for the purpose of processing concealed firearm permit 
applications.  The Department of Public Safety shall, when the pertinent database 
is developed, request that the Federal Bureau of Investigation ensure that, 
immediately after the order expires, the National Instant Criminal Background 
Check System no longer reflects that expired order as a ground for prohibiting the 
subject of the order from possessing or acquiring a firearm.  For the purposes of 
this subsection, "criminal justice agency" means a federal, state, tribal, district, 
county or local government agency or any subunit of those entities that performs 
the administration of criminal justice under a statute or executive order and that 
allocates a substantial part of its annual budget to the administration of criminal 
justice.  Courts and the Department of the Attorney General are considered 
criminal justice agencies, as is any equivalent agency at any level of Canadian 
government.
Sec. 19.  34-B MRSA §3862-A, sub-§8, as enacted by PL 2019, c. 411, Pt. A, §1 
and affected by Pt. D, §3, is amended to read:
8.  Offense.  Possession of a dangerous weapon by a restricted person is a Class D C 
crime.
SUMMARY
This bill does the following.
1.  It provides that a person may not own, possess or have under that person's control a 
firearm if that person is a restricted person under an order issued by another jurisdiction 
that is similar to an extreme risk protection order in this State. 
2.  It provides that a person may not recklessly sell or transfer a firearm to a person 
who is prohibited from owning, possessing or having under that person's control a firearm. 
3.  It changes the classification of the crime of recklessly, knowingly or intentionally 
selling or transferring a firearm to a person who is prohibited from owning, possessing or 
having under that person's control a firearm from a Class D to a Class C crime.
4.  It provides that a seller who is not a federally licensed firearms dealer and who 
transfers ownership of a firearm to a buyer may not complete the transaction unless the 
seller facilitates the transaction through a federally licensed firearms dealer.  The dealer 
must perform a background check of the putative buyer by using the Federal Bureau of 
Investigation, National Instant Criminal Background Check System in the same manner as 
if the dealer were the seller of the firearm that is the subject of the transaction.  If the 
background check reveals that the putative buyer is prohibited from purchasing a firearm, 
the dealer must notify the seller of that fact and of the fact that the transaction may not 
proceed.  The dealer may charge a reasonable fee for serving as the facilitator.  This 
provision applies only to transactions in which a seller sells a firearm to a buyer at a gun 
show or a seller sells a firearm to a buyer as a result of an advertisement, posting, display 
or other listing on the Internet or in a publication.  This provision does not apply to a 
transaction in which the buyer and seller are family members or a transaction for a firearm 
that is a curio or relic if the sale, transfer or exchange is between collectors of firearms as 
curios or relics who each have in their possession a valid collector of curios and relics 
license issued by the United States Department of Justice, Bureau of Alcohol, Tobacco, 
Firearms and Explosives or to a transaction for a firearm that is an antique firearm.
5.  It provides that if a law enforcement officer is unable to take a person into protective 
custody to conduct an assessment in connection with an extreme risk protection order, the 
law enforcement officer may apply for a protective custody warrant.  The officer must 
submit an affidavit of probable cause for a protective custody warrant to a Justice of the 
Superior Court or a Judge of the District Court.  The justice or judge must issue a protective 
custody warrant and promptly transmit that warrant to the officer for execution upon 
finding the affidavit is sufficient to establish probable cause to believe that the person is 
mentally ill and due to that condition presents a likelihood of serious harm; probable cause 
to believe that the person possesses, controls or may acquire a dangerous weapon; and that 
the officer has made reasonable attempts to take the person into custody without a warrant.  
It also provides that an assessment performed in connection with an extreme risk protection 
order may be facilitated using telehealth technology.  It changes the required timing of 
certain events related to an extreme risk protection order.  It changes the classification of 
the crime of possession of a dangerous weapon by a restricted person from a Class D to a 
Class C crime.
6.  It requires the Department of Health and Human Services to provide injury and 
violence prevention programs, including data collection, synthesis and evaluation.
7.  It requires the Department of Health and Human Services to plan for and assist a 
statewide network of crisis receiving centers to provide immediate and short-term mental 
health and substance use disorder crisis stabilization services.