An Act To Provide a Voluntary Method of Determining Whether a Purchaser of a Firearm Is Prohibited from Possessing a Firearm without a Background Check
Sec. 1. 15 MRSA §393, sub-§12 is enacted to read:
Sec. 2. 25 MRSA §2014 is enacted to read:
§ 2014. Prequalification for sales of firearms
This subsection may not be construed to require a background check to be conducted for a sale between unlicensed persons.
Sec. 3. 29-A MRSA §1413 is enacted to read:
§ 1413. Indication of qualification to possess a firearm
As used in this section, "firearm" has the same meaning as in Title 17-A, section 2, subsection 12-A.
Sec. 4. Rulemaking. The Secretary of State shall adopt routine technical rules in accordance with the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A to implement the requirements of Title 29-A, section 1413, including the development of discreet indicia to designate that the holder of the driver's license or nondriver identification card is qualified to possess a firearm.
Sec. 5. Effective date. This Act takes effect January 1, 2018.
This bill establishes a voluntary method of establishing that a person is not disqualified from possessing a firearm without the need for a criminal background check at the time of the sale. This bill allows an individual who is not a licensed firearm dealer, when selling a firearm, to request proof that the buyer is not disqualified from possessing a firearm. The buyer may present a Maine driver's license or nondriver identification card that has been issued by the Secretary of State that contains indicia of the holder's qualification to possess a firearm as acceptable proof, without the need for a criminal background check.
Beginning in 2018, an applicant for a driver's license or nondriver identification card may request the Secretary of State to verify whether the applicant is disqualified from possessing a firearm. If the applicant is not disqualified, the Secretary of State must indicate that through the use of a permanent mark or some other discreet indicia on the back of the license or identification card. The Secretary of State is required to conduct a public awareness program to inform the public of this method of determining whether the holder of a driver's license or nondriver identification card is qualified to possess a firearm.