Maine Voters Could Require Background Checks for Private Gun Sales

As the gun debate continues to heat up across the country, Maine could join the eight states where universal background checks are required when voters weigh in on Question 3 this November.

What the Initiative Does

This initiative would require gun buyers to undergo a background check before purchasing a gun in all circumstances, whether they’re buying from a licensed dealer or from a private individual or online.

Private sales in which neither party is a licensed gun dealer would now have to take place at a licensed dealer so that a background check can be carried out.

There would be several exceptions to this law for gun sales between family members, in addition to temporary transfers that occur while hunting, for self-defense, and at shooting competitions or shooting ranges.

This initiative will appear on Maine ballots on November 8 as "Question 3."

In Favor

On average, nearly 300 Americans fall victim to gun violence each day and requiring background checks for all gun sales would keep firearms out of the wrong hands.

Opposed

Criminals, by definition, don’t obey the law, so putting more restrictions on guns won’t stop them — it will just prevent law-abiding gun owners from being able to defend themselves.

In Depth

Currently, Maine doesn’t have any state laws on the books to require background checks prior to gun purchases, but that doesn’t mean background checks aren’t carried out. Instead, the state relies on federal law to mandate that buyers who go to licensed gun dealers receive a background check.

Eight states have required universal background checks for all gun sales, including private sales. Voters in Washington state were the first to enact such a law after passing an initiative to that effect in the 2014 election. A similar proposal to Maine’s Question 3 will be considered by Nevada voters on November 8.

On the federal level, congressional Democrats have introduced bills into both the House and Senate that would require gun sellers to wait for a completed background check before letting a buyer take possession of the gun. They have also called for expanding the federal background check database by requiring states to provide current data about individuals banned from gun ownership each year.

— Eric Revell