Does Maine Require Background Checks for Guns?
The Answer: A Mixed Bag
Maine is one of the 15 states in the United States that does not require universal background checks for all gun sales. However, the state has some laws in place to ensure that certain types of gun sales are conducted through background checks. In this article, we will explore the current gun laws in Maine and the requirements for background checks.
Federal Law
The National Instant Criminal Background Check System (NICS) is a federal program that requires background checks for all gun sales and transfers through licensed firearms dealers. This means that anyone purchasing a gun from a licensed dealer in Maine must undergo a background check. However, there is a loophole in federal law that allows private sales between individuals to bypass the background check requirement.
State Law
Maine has its own set of gun laws, which are separate from federal laws. While the state does not require universal background checks for all gun sales, there are some exceptions and requirements.
Background Checks for Licensed Dealers
In Maine, licensed firearms dealers are required to conduct background checks on all customers who purchase guns from their stores. This is because dealers are required to submit the background check results to the FBI, which will reject the sale if the buyer is prohibited from owning a gun.
Background Checks for Private Sales
For private sales between individuals, Maine law requires that a background check be conducted only if the sale involves a handgun. In this case, the seller must obtain a certificate of eligibility from the Maine State Police, which requires a background check. However, if the sale involves a rifle or shotgun, no background check is required.
Exemptions
There are some exemptions to the background check requirement in Maine. For example:
- Criminal justice purposes: Certain individuals, such as police officers and judges, are exempt from the background check requirement when purchasing guns for criminal justice purposes.
- Museums and historical societies: Museums and historical societies are exempt from the background check requirement when purchasing guns for display purposes.
- Gun shows: Gun shows are exempt from the background check requirement, but dealers are still required to conduct background checks on customers who purchase guns from them.
What About Universal Background Checks?
There are currently bills pending in the Maine Legislature that would require universal background checks for all gun sales, including private sales between individuals. However, these bills have not yet been passed into law.
Conclusion
In summary, Maine requires background checks for gun sales through licensed dealers, but there are loopholes in the system that allow private sales to bypass these checks. While the state has some laws in place to ensure that certain types of gun sales are conducted through background checks, there is still a need for universal background checks to ensure public safety.
Additional Resources
For more information on gun laws in Maine, visit the Maine State Police website or the Gun Laws in Maine page on the website of the Brady Campaign to Prevent Gun Violence.
Table: Maine Gun Laws
| Type of Gun | Background Check Required? |
|---|---|
| Handgun | Yes, unless sold to a prohibited person |
| Rifle or shotgun | No, unless sold to a prohibited person |
| Licensed dealer | Yes, all gun sales and transfers |
| Private sale | No, unless involving a handgun and certificate of eligibility |
Bullet Points:
- Maine does not require universal background checks for all gun sales.
- Licensed firearms dealers are required to conduct background checks on all customers who purchase guns from their stores.
- Private sales between individuals are exempt from the background check requirement, except for handguns.
- There are some exemptions to the background check requirement, including criminal justice purposes, museums and historical societies, and gun shows.
- Bills are pending in the Maine Legislature that would require universal background checks for all gun sales.
