An Act to Support Suicide Prevention by Allowing the Voluntary Waiver of Firearm Rights
Maine Legislature, Session 131, LD 2119
Committee: Judiciary
Sponsors: DOUDERA, CARNEY, CLOUTIER, CRAVEN, GEIGER, HASENFUS, OSHER, STOVER, ZAGER, BEEBE-CENTER
Amends: 15 MRSA §394, 25 MRSA §2003, 25 MRSA §2015

Legislative Document
No. 2119
H.P. 1343
House of Representatives, January 3, 2024
An Act to Support Suicide Prevention by Allowing the Voluntary 
Waiver of Firearm Rights
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative DOUDERA of Camden.
Cosponsored by Senator CARNEY of Cumberland and
Representatives: CLOUTIER of Lewiston, CRAVEN of Lewiston, GEIGER of Rockland, 
HASENFUS of Readfield, OSHER of Orono, STOVER of Boothbay, ZAGER of Portland, 
Senator: BEEBE-CENTER of Knox.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, suicide is a public health crisis and firearm-related suicides account for a 
significant number of suicide deaths in the State annually; and
Whereas, this legislation proposes to allow people to place themselves on a list 
preventing them from purchasing or receiving firearms; and
Whereas, this legislation must take effect before the expiration of the 90-day period 
in order to potentially prevent a substantial number of suicides; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  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 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 or who has filed a voluntary waiver of firearm rights form that 
has not been revoked under Title 25, section 2015. This subsection does not apply to the 
sale or transfer of an antique firearm.
Violation of this subsection is a Class D crime.
Sec. 2.  25 MRSA §2003, sub-§1, ¶B, as amended by PL 2011, c. 298, §7, is further 
amended to read:
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, does not have a voluntary 
waiver of firearm rights currently in effect pursuant to section 2015 and is not 
disqualified to possess a firearm based on federal law as a result of a criminal 
conviction;
Sec. 3.  25 MRSA §2015 is enacted to read:
§2015.  Firearm rights forms
1. Voluntary waiver of firearm rights. A person may voluntarily waive that person's 
right to purchase or receive a firearm by filing a voluntary waiver of firearm rights form.
2. Filing of voluntary waiver of firearm rights form. A person may file a voluntary 
waiver of firearm rights form with the clerk of court in any county in the State.
A. The clerk of court shall verify the identity of the person filing the form by requiring 
that person to provide proof of identification with a driver's license, military 
identification card, passport or other form of government-issued photo identification.
B. The person filing the form may provide an alternate person to be contacted if the 
person filing the form subsequently files a revocation of voluntary waiver of firearm 
rights form pursuant to subsection 3.
C. By the end of the business day on which the clerk of court receives the form, the 
clerk of court shall transmit the form to the State Police. The State Police shall enter 
the information provided on the voluntary waiver of firearm rights form into the 
Federal Bureau of Investigation, National Instant Criminal Background Check System 
and any other federal or state computer-based systems used by law enforcement 
agencies or others to identify persons prohibited from purchasing or receiving a firearm 
within 24 hours after receipt of the form.
D. Copies and records of the voluntary waiver of firearm rights form may not be 
disclosed except to law enforcement agencies.
3. Revocation of waiver. A person may revoke that person's voluntary waiver of 
firearm rights by filing a revocation of voluntary waiver of firearm rights form.
A. No sooner than 7 calendar days after filing a voluntary waiver of firearm rights 
form, the person may file a revocation of the voluntary waiver of firearm rights form 
with the clerk of court in the same county where the voluntary waiver of firearm rights 
form was filed.
B. The clerk of court shall verify the identity of the person filing the form by requiring 
that person to provide proof of identification with a driver's license, military 
identification card, passport or other form of government-issued photo identification.
C. By the end of the business day on which the clerk of court receives the form, the 
clerk of court shall transmit the form to the State Police and to any contact person listed 
on the voluntary waiver of firearm rights form under subsection 2, paragraph B and 
destroy all records of the voluntary waiver of firearm rights form.
D. Within 7 days of receiving a revocation of a voluntary waiver of firearm rights form, 
the State Police shall remove the person's information from the Federal Bureau of 
Investigation, National Instant Criminal Background Check System and any other 
federal or state computer-based systems used by law enforcement agencies or others to 
identify persons prohibited from purchasing or receiving a firearm into which the 
person's information was entered, unless the person is otherwise ineligible to possess a 
firearm under Title 15, section 393, and destroy all records of the voluntary waiver.
4. False statements.  A person who knowingly makes a false statement regarding that 
person's identity on a voluntary waiver of firearm rights form or revocation of voluntary 
waiver of firearm rights form is guilty of unsworn falsification, which is a Class D crime 
under Title 17-A, section 453.
5. Consideration by court in legal proceeding.  Neither a voluntary waiver of firearm 
rights nor a revocation of a voluntary waiver of firearm rights may be considered by a court 
in a legal proceeding.
6. Condition for receiving employment, benefits or services. A voluntary waiver of 
firearm rights may not be required of a person as a condition for receiving employment, 
benefits or services.
7. Confidentiality of records and reports. All records obtained and all reports 
produced as required by this section are confidential, except that, notwithstanding 
subsection 3, paragraph D, the information contained in the records and reports 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 pursuant to section 2003.
8. Waiver and revocation forms. A voluntary waiver of firearm rights form and a 
revocation of voluntary waiver of firearm rights form must be developed by the State Court 
Administrator.
A. The State Court Administrator, under the direction of the Chief Justice of the 
Supreme Judicial Court, shall develop a voluntary waiver of firearm rights form and a 
revocation of voluntary waiver of firearm rights form by January 1, 2025 and shall 
periodically update the forms thereafter.
B. The forms developed pursuant to paragraph A must include all the information 
necessary for identification and entry into the Federal Bureau of Investigation, National 
Instant Criminal Background Check System and any other federal or state computer-
based systems used by law enforcement agencies or others to identify persons 
prohibited from purchasing or receiving a firearm. The forms must conspicuously bear 
the warning that making a false statement on the form is a Class D crime under Title 
17-A, section 453. The voluntary waiver of firearm rights form must include the 
following language:
"Because you have filed this voluntary waiver of firearm rights, effective immediately 
you may not purchase or receive any firearm. You may revoke this voluntary waiver 
of firearm rights any time after at least 7 calendar days have elapsed since the time of 
filing."
C. The forms must be made available on the publicly accessible website of the State 
Court Administrator and at all county commissioners' offices, firearms dealers and 
health care providers.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill allows a person to waive that person's right to purchase or receive a firearm 
by filing a voluntary waiver of firearm rights form. The bill also allows a person to revoke 
a voluntary waiver of firearm rights.