Question 3: Universal background check

In November, voters will decide if background checks will be required before a firearm sale or transfer can occur between individuals who are not licensed dealers.

 

The citizen initiative known as Question 3 would require individuals who are not federally licensed firearms dealers to meet at a licensed dealer who would then conduct a background check on the person receiving the firearm, according to text of the bill.

 

The licensed dealer would then complete the sale as if the firearm were being sold or transferred from the dealer's own inventory. If a background check determines the person receiving the firearm is prohibited from possessing a gun, neither the person transferring the firearm nor a licensed dealer can complete the transaction.

 

There are a number of exceptions to the law that would not require a background check be conducted before a firearm is sold or transferred. See accompanying sidebar.

 

If a person knowingly delivers or receives a firearm in violation of the law, it is a Class D crime for the first conviction and Class C crime for any additional convictions. The Maine Office of Fiscal and Program Review assessed the financial impact of the initiative if it becomes law. It determined the number of new cases resulting from the measure becoming law would be minimal.

 

The measure would in part attempt to close a loophole in federal law regarding the sale of firearms. In 1993, legislation, known as the Brady Bill, was signed into law requiring all licensed firearms dealers to conduct background checks. However the law did not apply to private unlicensed dealers who sold firearms at gun shows, online, or in other private transactions.

 

If passed, Maine would join eight other states — California, Colorado, Connecticut, Delaware, New York, Oregon, Rhode Island and Washington — that require background checks for all gun sales.

 

Supporters of the measure, which is spearheaded by Maine Moms Demand Action for Gun Sense Fund and Mainers for Responsible Gun Ownership, say the initiative will close a loophole that makes it easy for criminals, domestic abusers and people with dangerous mental illnesses to purchase firearms online or at gun shows without a background check.

 

Other supporters include police chiefs in Bucksport and Caribou, Maine Chiefs of Police Association, and former New York Mayor Michael Bloomberg's Everytown for Gun Safety group.

 

The measure is also respectful of gun owners' rights, supporters say, while making the state safer.

 

“The proposed initiative includes reasonable exceptions from the background check requirement for family members, hunting and self-defense,” Maine Moms Demand Action for Gun Sense Fund stated in a news release about the measure.

 

Opposing the measure are the National Rifle Association, which formed the group “Vote No On Question 3/Don't NYC My Maine Gun Rights”; Gun Owners of Maine; Sportsman's Alliance of Maine; Rep. Jeff McCabe, D-107; and Gov. Paul LePage.

 

Opponents say the measure would criminalize law-abiding gun owners for loaning firearms to friends or family members and not following excessive requirements. They also say the measure is unenforceable and unfunded, and it does nothing to stop criminals from acquiring guns through the black market, theft or other illegal means.

 

The initiative is also opposed by 12 of the state's 16 county sheriffs.

 

"We live in one of the safest states in the country and strongly believe no provisions in this legislation would reduce gun violence or crime in Maine. In fact, Question 3 is unenforceable, confusing, poorly written and threatens to make law-abiding gun owners into criminals for simply loaning a firearm to a friend," the 12 sheriffs state in a news release. "By and large, the people who commit crimes with firearms are not concerned with good citizenship, [or] compliance with existing law, and are repeat offenders. It’s the law-abiding citizens who comply with gun laws that are the most affected by arbitrary gun laws and will be most affected by Question 3."

 

Voters will cast their ballots on the measure Tuesday, Nov. 8.