PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Reduce Suicides and Violent Crimes by Requiring a 72-hour Waiting Period after the Sale of a Firearm
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  25 MRSA §2015  is enacted to read:
§ 2015. Waiting period after sale of firearm
 
1.  Definitions.     As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
 
A.  "Agreement" means when a buyer and a seller reach an agreement for the purchase and the sale of a firearm.
 
B.  "Firearm" has the same meaning as in Title 17-A, section 2, subsection 12-A.
 
C.  "Firearm dealer" means a person that is licensed as a dealer under 18 United States Code, Section 923 or that is required to be licensed as a dealer under that section.
 
2.  Waiting period.     A person may not knowingly deliver a firearm pursuant to a sale without withholding delivery of the firearm for at least 72 hours after agreement.
 
3.  Penalty.     This subsection applies to violations of subsection 2.
 
A.  A person that violates subsection 2 commits a civil violation for which a fine of not less than $200 and not more than $500 may be adjudged.
 
B.  A person that violates subsection 2 after having previously been adjudicated as violating subsection 2 commits a civil violation for which a fine of not less than $500 and not more than $1,000 may be adjudged.
 
4.  Application.     This section does not apply to:
 
A.  The sale of a firearm if the seller knows that the person to whom the seller is selling the firearm is:
 
(1) A law enforcement officer; or
 
(2) A person who desires to purchase a firearm for use in promoting the public interest incidentally to the person's employment as a bank guard or armed truck guard or as a similar type of employee; or
 
B.  The sale of a firearm to a firearm dealer.
 
A firearm dealer is subject to the requirements of conducting national instant criminal background checks under 18 United States Code, Section 922(t).
 
SUMMARY
This bill requires a 72-hour waiting period between an agreement for the purchase and sale of a firearm and its delivery to the purchaser and makes violation of the waiting period a civil violation with a $200 to $500 fine for the first violation and a $500 to $1,000 fine for a subsequent violation.