An Act to Ensure
Maine Legislature, Session 132, LD 1821
Committee Amendment CA_A_H1029 (House)
Amends: 25 MRSA §2012

COMMITTEE AMENDMENT T\ " to H.P. 1219, L.D. 1821, "An Act to Ensure
Responsible Business Practices by Licensed Firearms Dealers
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 15 MRSA c. 19 is enacted to read:
CHAPTER 19
FIREARM DEALER RESPONSIBLE BUSINESS PRACTICES ACT
S501. Short title
This chaoter mav be known and cited as the Firearm Dealer Resoonsible Business
Practices Act."
S502. Definitions
As used in this chapter, unless the context otherwise indicates, the followine terms
have the followine meanings.
1. ATF. "ATF" means the federal Department of Justice. Bureau of Alcohol. Tobacco.
Firearms and Explosives or its successor aeencv.
2. Department. "Department" means the Department of Public Safety.
3. Federally licensed firearms dealer. "Federally licensed firearms dealer" has the
same meanum as in section 395. subsection 1. paragraph E.
4. Firearm. "Firearm" has the same meaning as in Title 17-A. section 2. subsection
12-A.
5. Gun show. "Gun show" has the same meanine as in section 395. subsection 1.
oaraeraph G.
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6. Law enforcement officer. "Law enforcement officer" has the same meaning as in
Title 25. sectionJ2801-A, subsectiQaJ,
7. Straw purchase. "Straw purchase" means the purchase or attempted purchase by
a person of a firearm or ammunition for a firearm on behalf of or for the use of another
eerson known or unknown. "Straw purchase" does not include a purchase or attempted
purchase for the ouroose ofmakine a bona fide eift to a oerson who is not prohibited from
possessine or receivine the firearm or ammunition. For purposes of this subsection, a sift
is not a bona fide gift if the person offers or gives the purchaser a service or thing of value
to^cguirethefireMm for the persoiL
8. Transaction. "Transaction" means the transfer of ownership of a fireann from a
seller to a buyer.
8503. Security
A federally licensed firearms dealer shall take reasonable steps to prevent loss or theft
of firearms by adootine the followmg minimum security measures :
1. Business or firearms unattended. Whenever the olace of business or fireamis are
unattended, ensuring that theplace ofbusmess is^secure throueh fhe use of conta'ols such
as door locks, window locks, alarms and window bars or ensuring that firearms are secure
through the use of a safe or other lockine device: and
2. Other security measures. Any other reasonable and effective security measures
designed to reduce the risk of theft.
§504. Employee vettine and trainine
1. Backeround checks on employees required. A federally licensed firearms dealer
mav not emolov a person to handle, sell or deliver firearms unless the oerson is at least 18
years of age and is not prohibited from possessing a firearm under state or federal law as
determined by a background check using a background check entity authorized by the
department. This background check must be comoleted every 2 years.
2. Approved federally licensed firearms dealer employee trainine. The department
shall provide on its publicly accessible website a list ofaooroved emoloyee trainine CQurses
and materials for use by federally licensed firearms dealers. The aooroved traiaine courses
must address, at a minimum, the followine topics:
A. Federal and state laws eovemine firearm fransactions;
B. How to recognize. identify, respond to and report straw purchases, illeeal purchases
and fraudulent activity;
C. How to recognize. identify, resoond to and reoort individuals who intend to use
firearms for unlawful purposes. includine self-harm:
D. How to prevent. respond to and report theft or burglary of firearms and ammunition;
E. How to educate customers on eun safety oractices. includme but not limited to the
safe handling and storage of firearms and ammunition: and
F. Any other responsible business practice identified by the department.
3. Prohibition. A federally licensed firearms dealer and a federallv_licensedfirearms
dealer's employee may not participate in the^sale or disposition of firearms unless the
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federally licensed firearms dealer and federally licensed fireanns dealer's employee have
completed the training described in subsection 2 within 30 days of initial employment and
every 2 years thereafter.
S505. Maintenance of records
1. Record of purchase. A federally licensed firearms dealer shall establish and
maintain a written or electronic record of purchases, sales, acquisitions and dispositions, as
required by 27 Code of Federal Reeulations. Section 478.125. The records must. at a
mmimum. include the make. model, caliber or gauge, manufacturer's name and serial
number of all firearms that the federally licensed firearms dealer acquires or disposes of no
later than one business day after the acquisition or disposal. Physical copies of written
rccords^nust be created at least monthly and stored in a secure container designed to
prevent loss by fire. theft or flood, ElectrQnic records must be backed up on an external
server or over the Internet at the close of each business day,
2. Federal form reauirefL A federally licensed firearms dealer shall retain all ATF
Form 4473 records on the federally licensed firearms dealer's premises, as required by 27
Code of Federal Reexilations. Section 478.129. The records must be stored in a secure
container designed to prevent loss by fire. theft or flood.
3. Record of inventory. A federally licensed firearms dealer shall account for all
firearms acquired but not yet disposed of in a monthly inventory check and shall maintain
records of such checks in a secure location.
4. Record of criminal firearm trace. A federally licensed firearms dealer shall
maintain records of all criminal firearm traces initiated by the ATF.
5. Records confidential. Notwithstanding any provision of law to the contrary.
information contained in the records maintained under this section is confidential and mav
not be disclosed to any person.
6. InsBection of records. Notwithstanding subsection 5. a federally licensed firearms
dealer shall oermit law enforcement officers to insoect the records reauired to be
maintained under this section during regular business hours.
S506. Reoortine
1. Transactions involvine more than one pistol or revolver. A federally licensed
firearms dealer shall report a transaction involving more than one pistol or revolver to a
law enforcement aeencv. as required by 27 Code of Federal Reeulations. Section 478.126a.
2. Thefts and losses. A federally licensed firearms dealer shall report a theft or loss
within 48 hours of discovery to a law enforcement aeencv. as required by 27 Code of
5 Federal Reeulations. Section 478.3 9a.
S507. Compliance
1. Certification. A federally licensed firearms dealer shall, at least annually, certifv
to the department in a form designed bv the department that the federally licensed firearms
dealer is in compliance with the requirements of this chapter,
2. Insoections. A federally licensed firearms dealer shall orovide the deoartment with
full access to the federally licensed firearms dealer's premises for an insDection. The
department may conduct an inspection of a federally licensed firearms dealer's oremises
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durine the premises' regular business hours to determine compliance bv the federally
licensed firearms dealer with thereQuir^neats of this chapter,
3. Reoort. The deoartment shall, be&innine January 15.2027. oreoare and publish on
its publicly accessible website an annual report providing information on the number of
federally licensed firearms dealerstb&t submitted compliance certification forms, a
summary of any inspections or investieations conducted that does not identify any federally
licensed firearms dealer and any other information that the department considers necessary
and appropriate,
4._ False certification; penalty. A federally licensed firearms dealer may not
intentionally or knowinelv falsify the information in or contents of the compliance
certification form required by subsection 1. Notwithstandine section 508. a person who
violates this subsection commits a civil violation for which a fine of not more than $1.000
may be adiudeed.
§508. Violations
The followine penalties aoolv to violations of this chapter.
1. First violation. A federally licensed firearms dealer who violates any provision of
this chapter commits a civil violation for which a fine of not less than $100 and not more
than $500 mav be adiudeed.
2. Subsequent violations. A federally licensed firearms dealer who violates any
provision of this chapter after having been adiudicated as havine committed one or more
civil violations underthis chapter or for eneaeine in substantially similar conduct to that
contained in this chapter in another jurisdiction within the previous 5-year period commits
a civil violation for which a fineofnot less than $500 and not more than $1,000 may be
adiudeed.
§509. Notice to purchasers upon sale of firearm
1. Deoartment to create siens. The deoartment shall create and maintain a set of
standardized posters that are accessible by federally licensed firearms dealers on the
8 department's publicly accessible website and that contain the followine notices:
A. "ENDANGERING THE WELFARE OF A CHILD IS A CRIME. IF YOU LEAVE
A FIREARM AND AMMUNITION WITHIN EASY ACCESS OF A CHILD. YOU
MAY BE SUBJECT TO A FINE. IMPRISONMENT OR BOTH.
KEEP FIREARMS AND AMMUNITION SEPARATE.
KEEP FIREARMS AND AMMUNITION LOCKED UP,
USE TRIGGER LOCKS. CABLE LOCKS. ALQCKBQX OR A SAFE.
PER STATE LAW. STORE STAFF MUST OFFER TO DEMONSTRATE THE USE
OF THESE SAFETY DEVICES,":
B. A notice urescribed by the department that informs purchasers of the background
8 check requirements of section 395 and the waiting period requirements of Title 25.
section 2016:
C. "Firearm suicide is the most common type of gun fatality. If you or a loved one is
experiencing distress or depression or is contemolatjng suicide, nlease call finsertthe
telephone number for mental health assistancel to find your nearest Maine Crisis
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Receiving Center or call the National Suicide Prevention Lifeline at Finsert the
telephone number for lifeline],"; and
D. Information relating to the availability of local voluntary firearm safety proerams.
2. Postine required. The posters created and maintained by the department under
subsection 1 must be posted at all entrances of a gun showjind by a federally licensed
firearms dealer at all firearm points of sale.
3, Violation. A federally licensed firearms dealer or eun show operator who fails to
post the posters required by this section commits a civil violation for which a fine of not
more than $200 may be adiudeed.
SSKLResourcesfor federaUy licensed firearms dealers
The department shall establish a paee on the department's publicly accessible website
and post and reeularlv update on the paee the followine information:
1. Authorized backeround check entities. Lmks to authorized entities for
background checks aooroved bv the deDartment oursuant to section 504. subsection 1;
2. Authorized trainine materials. Links to authorized training materials approved
bv the department pursuant to section 504. subsection 2;
3. Certification form. A link to the annual comoliance cerdfication form described
infection 5 Q7, subsection I; and
4. Authorized posters. Links to authorized posters to be posted at sun show entrances
and firearm ooints of sale as required by section 509. subsection 2.
See. 2. 25 MRSA §2012, sub-§2, ^B, as enacted by PL 1991, c. 127, is amended
to read;
B. Offer to demonstrate to the purchaser the use of a trigger lockmg device, cable lock.
eun safe or lockbox; and
Sec. 3. Appropriations and allocations. The following appropriations and
allocations are made.
PUBLIC SAFETY, DEPARTMENT OF
State Police 0291
Initiative: Provides funding for one State Police Sergeant position, 3 State Police Detective
positions, one Management Analyst I position, one State Police Lieutenant position and
related All Other costs to develop and administer a process related to minimum security
requirements for firearms dealers.
GENERAL FUND 2025-26 2026-27
POSITIONS - LEGISLATIVE COUNT 0.000 6.000
Personal Services $0 $698,500
AllOther $0 $40,701
GENERAL FUND TOTAL $0 $739,201
HIGHWAY FUND 2025-26 2026-27
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Personal Services $0 $376,115
AllOther $0 $21,916
HIGHWAY FUND TOTAL $0 $398,031
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill. It removes from the bill references to the Office of
Violence Prevention and clarifies the security requirements in the bill for the premises of a
federally licensed firearms dealer. The amendment provides that a background check
performed on an employee of a firearms dealer must be completed by an entity approved
by the Department of Public Safety rather than the Federal Bureau of Investigation. The
amendment creates a civil violation for false certification of required reporting data.
Finally, the amendment requires the Department of Public Safety to post resources on the
department's publicly accessible website, including links to authorized entities for
background checks, links to authorized training materials, links to required posters to be
posted at gun shows and firearm points of sale and a link to the annual compliance form.
FISCAL NOTE REQTORED
(See attached)
COMMIHEE AMENDMENT
Approved: 03/12/26 t-Kt-
LD 1821 LR 1676(02)
An Act to Ensure Responsible Business Practices by Licensed Firearms Dealers
Fiscal Note for Bill as Amended by Committee Amendment y
Committee: Judiciary
Fiscal Note Required: Yes
Fiscal Note
FY 2025-26
$0
$0
$0
$0
FY 2026-27
$739,201
$398,031
$739,201
$398,031
. Projiections
FY 2027-28
$764,347
$411,571
$764,347
$411,571
. Projections
FY 2028-29
$790,398
$425,599
$790,398
$425,599
Net Cost (Savings)
General Fund
Highway Fund
Appropriations/Allocations
General Fund
Highway Fund
Correctional and Judicial Impact Statements
The additional workload associated with the minimal number of new cases filed in the court system does not require
additional funding at this time. The collection of additional fines will increase General Fund or other dedicated
revenue by minor amounts.
Fiscal Detail and Notes
The bill includes a General Fund appropriation of $739,201 and a Highway Fund allocation of $398,031 to the
Department of Public Safety in fiscal year 2026-27 for one State Police Sergeant position, 3 State Police Detective
positions, one Management Analyst I position, one State Police Lieutenant position and related All Other costs to
develop and administer a process related to minimum security requirements for firearms dealers,
LR1676(02) - Fiscal Note - Page 1 of 1