The Maine legislature on Tuesday, Wednesday and Thursday approved several sweeping gun control measures, including increased waiting periods, background checks, expansion of court-ordered firearm forfeiture and a prohibition on selling firearms to those who aren’t legally permitted to own them.
The first bill approved by the legislature was the “Act to Strengthen Public Safety by Improving Maine’s Firearm Laws and Mental Health System,” which was enacted by the Maine House of Representatives on Tuesday and the Maine Senate on Thursday. The act would prohibit a person from “recklessly, knowingly or intentionally” selling firearms to someone who is prohibited from owning firearms, making the act a Class C crime. It would also require background checks for the purchase of firearms, including at gun shows or in private sales. The background check requirement would exclude firearms sales between family members and antique firearms sales.
The second bill approved by the legislature was the “Act to Address Gun Violence in Maine by Requiring a Waiting Period for Certain Firearm Purchases,” enacted by both the Maine House and Senate on Wednesday. This act would require a mandatory 72-hour waiting period in the majority of firearms transactions unless the sale is to a licensed gun dealer or someone who is required to carry a firearm for work, such as a corrections officer or security professional.
The final gun control measure passed by the Maine legislature was the “Act to Amend the Law Governing the Disposition of Forfeited Firearms,” enacted by both the Maine House and Senate on Wednesday. This bill would expand the firearms required to be forfeited to the state as part of a criminal sentence to also include firearms that are “rightfully owned by another person.” This would not include firearms that are stolen from the rightful owner and then used in the commission of a crime.
The legislature also considered the “Act to Enact the Crisis Intervention Order Act to Protect the Safety of the Public,” which would have instituted so-called “red-flag” orders, allowing family members to ask a judge to order that a family member not be able to purchase a gun. However, the legislature did not end up taking any action on the proposed bill.
Many of the measures passed by the legislature were originally introduced by Maine’s Governor Janet Mills in the wake of the deadly Lewiston, Maine shooting in October 2023, which led to the deaths of 18, making it the deadliest shooting in the state’s history. During the lengthy proceedings, Senator Lisa Keim (R) accused Maine’s Democrat leadership of capitalizing on the shooting for political gain, saying:
My big concern here is that we’re moving forward with gun legislation that has always been on the agenda. Now we’re using the tragedy in Lewiston to force it through when there’s nothing new here. It’s the same old ideas that were rejected year after year. Using the tragedy to advance legislation is wrong.
Senator Anne Carney (D), one of the sponsors of the “Act to Amend the Law Governing the Disposition of Forfeited Firearms,” responded to criticism of the bills in relation to the shooting, saying, “…this legislation doesn’t look backward. It looks forward on how we can prevent suicide and harm going forward.”
The passage of these bills comes as gun control has become a hot topic across the US. In March, Virginia Governor Glenn Youngkin vetoed 30 pieces of legislation related to the state regulation of guns. Also in March, the Delaware House of Representatives passed a bill requiring individuals who are seeking to purchase a handgun to first obtain permission from the state, in addition to undergoing fingerprinting and firearms training. Several California laws, including one requiring background checks to buy munitions and one banning concealed carry in most public places, saw federal court defeats in February and January.
The Maine legislation will now head to Governor Mills’ desk, where she is expected to sign the bills into law.
