Are Gun Registered On Background Checks Nationwide

Maine Question 3

Election date November 8, 2016
Topic Firearms
Status d Defeated
Type State statute	Origin Citizens

2016 measures

November 8
Question 1 a
Question 2 a
Question 3 d
Question 4 a
Question 5 a
Question 6 a
Polls
Voter guides
Campaign finance
Signature costs

The Maine Background Checks for Gun Sales Measure, also known as Question 3, was on the November 8, 2016, ballot in Maine as an indirect initiated state statute. It was defeated.

A "yes" vote supported requiring background checks before a gun sale or transfer between people who are not licensed firearm dealers.

A "no" vote opposed this proposal to require background checks for gun sales.

If it had been approved, Question 3 would have also required that in cases when neither party is licensed, they must meet at a licensed dealer, who would then complete a background check on the transferee. Background check exceptions would have included emergency self-defense, while the parties are hunting or sport shooting, and transfers between family members. As of 2016, Maine did not have a state law regarding background checks for gun sales and followed federal laws that required background checks for all gun sales by licensed dealers.^[1]

Secretary of State Matthew Dunlap (D) confirmed supporters collected more than enough valid signatures to send the measure to the ballot. The Maine State Legislature did not vote to approve this measure, so it went before voters in November 2016 per Maine laws regarding indirect initiated state statutes.^[2] ^[3]

Election results

Question 3
Result	Votes	Percentage
d No	394,157	51.80%
Yes	366,770	48.20%

Election results from Maine Secretary of State

Vote in Pivot Counties

See also: Pivot Counties: The counties that voted Obama-Obama-Trump from 2008-2016 and Pivot Counties in Maine

Voters in Maine defeated Question 3, with 48.20 percent voting to pass the initiative. At the county level, the vote ranged from 26.78 percent in Piscataquis County to 53.7 percent in Knox County.^[4]

The seven counties that voted for Hillary Clinton for president in 2016, and Barack Obama in 2008 and 2012, passed the measure by an average of 50.57 percent. Piscataquis County, the one county in Maine to vote Republican in the 2008, 2012, and 2016 presidential elections, voted against the measure, with 26.78 percent supporting.

Maine's other eight counties voted for Obama in 2008 and 2012 and then flipped to the Republican candidate Donald Trump in 2016. Ballotpedia calls these Obama-Obama-Trump counties Pivot Counties. Averaging across the state's eight Pivot Counties, support for the measure was 35.69 percent.

By winning eight counties that Obama won in 2008 and 2012, Donald Trump was able to secure one electoral vote in Maine for winning the 2nd Congressional District in the northern part of the state. Although Maine has awarded two of its electoral votes in presidential elections based on who wins each congressional district since 1972, the two electoral votes had never been split until 2016. In 2008 and 2012, Obama won the vote in both congressional districts.^[5]

The average yes vote percentage on Question 3 in Pivot Counties was 35.69 percent, which was 8.91 percent more than in the Republican county and 14.88 percent less than in Democratic counties.

Vote on Question 3 (2016) in Maine Pivot, Democratic, and Republican Counties
County	Type	Trump Margin in 2016	Percent "Yes" on Question 3	Percent "No" on Question 3
Androscoggin	Pivot	9.39%	43.67%	56.33%
Aroostook	Pivot	17.19%	34.89%	65.11%
Cumberland	Democratic	-26.35%	64.48%	35.52%
Franklin	Pivot	5.47%	33.95%	66.05%
Hancock	Democratic	-7.51%	46.35%	53.65%
Kennebec	Pivot	3.58%	41.43%	58.57%
Knox	Democratic	-14.24%	52.59%	47.41%
Lincoln	Democratic	-2.39%	44.88%	55.12%
Oxford	Pivot	12.94%	33.86%	66.14%
Penobscot	Pivot	10.91%	38.40%	61.60%
Piscataquis	Republican	25.14%	26.78%	73.22%
Sagadahoc	Democratic	-6.29%	49.76%	50.24%
Somerset	Pivot	22.67%	27.28%	72.72%
Waldo	Democratic	-0.28%	39.78%	60.22%
Washington	Pivot	18.44%	32.06%	67.94%
York	Democratic	-4.76%	56.17%	43.83%
All Pivot Counties		12.57%	35.69%	64.31%

Overview

Federal law

Federal law has required background checks for all gun sales by licensed dealers since the Brady Bill was signed into law in November of 1993. The law does not apply to private unlicensed dealers who may sell guns at gun shows, online, or in other private transactions. Because of these exceptions, background checks are required for an estimated 40 percent of gun sales.^[2]

Other state laws

As of July 2016, eight states (California, Colorado, Connecticut, Delaware, New York, Oregon, Rhode Island, and Washington) and Washington D.C. required universal background checks on all gun sales, including private, unlicensed transactions. Washington became the first state to pass a background check law through a ballot measure in November 2014. Maryland and Pennsylvania also require background checks for private and unlicensed handgun sales; the laws in these two states were not designed to apply to other firearms besides handguns. Hawaii, Illinois, Massachusetts, and New Jersey do not require a background check upon the purchase of a firearm, but they do require gun purchasers to obtain a permit that is only issued after a background check. Illinois also requires background checks for purchases at gun shows. Iowa, Michigan, Nebraska, and North Carolina have the same system as Hawaii, Illinois, Massachusetts, and New Jersey, but laws in these states apply to handguns and no other type of firearm.^[6]

Other 2016 measures

In addition to this measure, California and Nevada voters saw measures related to background checks for gun sales on their ballots in November. Californians voted on Proposition 63, which required most individuals to pass a background check to purchase ammunition. Nevadans voted on the Question 1, which required gun transactions between unlicensed individuals to be conducted through a licensed dealer who would perform a background check.

Public opinion

A survey conducted by Yale researchers in January 2016 found that 77 percent of Americans favored universal background checks, while 53 percent favored stricter gun laws. The research team found that this disconnect may be explained by the fact that 41 percent of Americans thought that universal background checks were required by federal law for all gun purchases. Survey respondents who favored universal background checks and knew that they were not required by federal law were more likely to also favor stricter gun laws.^[7]

Text of measure

Ballot question

The question appeared on the ballot as follows:^[8] ^[9]

Do you want to require background checks prior to the sale or transfer of firearms between individuals not licensed as firearms dealers, with failure to do so punishable by law, and with some exceptions for family members, hunting, self-defense, lawful competitions, and shooting range activity?^[10]

Summary

The summary of Question 3 was as follows:^[1]

This initiated bill requires a background check before a firearm sale or transfer between individuals not licensed as firearm dealers. If neither party to a sale or transfer has a federal firearms license, the parties meet at a licensed firearm dealer, who conducts a background check on the transferee and completes the sale or transfer as though selling or transferring from the dealer's own inventory. Exceptions to the background check requirement are made for transfers between family members, while the parties are hunting or sport shooting, for emergency self-defense, in the presence of the transferor and in other circumstances.^[10]

Intent and content

The following intent and content statement was prepared by the office of the attorney general:^[11]

This citizen-initiated legislation would require a background check to be performed before any firearm is sold or transferred by or between individuals in Maine who are not licensed as firearms dealers, with certain exceptions. These exceptions are explained below. "Transfer" under this initiative means "to sell, furnish, give, lend, deliver or otherwise provide with or without consideration." Thus "transfer" includes sales and giving or loaning a firearm to another person without payment of any kind. See 17-A M.R.S. § 554-A(1)(A).

Federal law requires licensed firearms dealers to conduct background checks before selling firearms, but the federal law does not apply to private sales or transfers. Under this initiative, before a private sale or transfer could occur, the parties would have to go to a licensed firearm dealer who would conduct the background check as if the dealer were making the sale. Both parties to the transaction would have to fill out the forms necessary to complete the background check. The dealer would be authorized to charge a reasonable fee for providing this service. If the background check shows that the person proposing to buy or accept transfer of the firearm is disqualified by state or federal law from possessing a firearm, then the sale or transfer would be prohibited. See 15 M.R.S. § 393 and 18 U.S.C. § 922.

The following types of transfers would be exempt from the background check requirement:

1) The sale or transfer of firearms between "family members" -- defined to include spouses, domestic partners, parents, children, siblings, grandparents, grandchildren, aunts and uncles, nieces and nephews, first cousins, in-laws, half siblings, step parents, step children, step siblings, and individuals in a dating relationship who are currently living with each other (referred to as intimate partners);

2) The sale or transfer of a type of firearm that is defined in federal law as a curio or relic, provided the proposed sale or transfer occurs between federally licensed collectors of such firearms;

3) The sale or transfer of an antique firearm, as defined in federal law;

4) A temporary transfer that is necessary to prevent imminent death or great bodily harm, provided the transfer lasts only as long as necessary to prevent the threat, and the person transferring the firearm has no reason to believe that the recipient is disqualified from possessing a firearm by state or federal law or intends to use the firearm to commit a crime;

5) One party to the transfer is a law enforcement agency (including state police, county sheriffs' departments and municipal police departments) or the Department of Corrections; or is a person acting within the scope of employment as a peace officer, state or federal law enforcement officer, corrections officer, or member of the Armed Forces or National Guard, or is a licensed security guard or employee of a contract security company or proprietary security organization;

6) A temporary transfer where the person transferring the firearm has no reason to believe that the person receiving it or the adult directly supervising a minor who receives it intends to use the firearm to commit a crime or is disqualified to possess firearms under state or federal law, and where the transfer occurs:

a. at an established shooting range;

b. at a lawfully organized firearms competition or by an organized group that uses firearms in the course of its performance; or

c. while the person receiving the firearm is hunting or trapping legally and holds any required permits or licenses; and

7) A transfer that occurs by operation of law upon the death of the person who owned the firearm to a person who is serving as the executor, administrator, trustee or personal representative.

The proposal would make it a crime for a person to knowingly deliver or receive a firearm without complying with the requirements of this law. A first conviction would be classified as a Class D crime, while any subsequent conviction would be a Class C crime.

If approved, this citizen initiated legislation would take effect 30 days after the Governor proclaims the official results of the election.

A "YES" vote is to enact the initiated legislation.

A "NO" vote opposes the initiated legislation.

Full text

The full text of the measure was as follows:^[1]

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 25 MRSA §2014 is enacted to read:

§2014. Background checks for firearms sales and transfers

1. Definitions. As used in this section, the following terms have the following meanings. A. "Corrections officer" has the same meaning as in section 2801-A, subsection 2.
B. "Family member" means husband, wife, domestic partner, parent by blood, parent by adoption, child by blood, child by adoption, sibling by blood, sibling by adoption, grandparent, grandchild, niece, nephew, aunt, uncle, first cousin, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister or intimate partner.
C. "Firearm" has the same meaning as in Title 17-A, section 2, subsection 12-A.
D. "Firearm dealer" means a person who holds any federal firearms license under 18 United States Code, Section 923(a) (2015).
E. "Intimate partners" means individuals in a dating relationship who are currently living with each other.
F. "Law enforcement agency" has the same meaning as in section 3701, subsection 1.
G. "Law enforcement officer" has the same meaning as in section 3701, subsection 3.
H. "Person" means an individual, corporation, partnership, firm, trust, organization or other legal entity.
I. "Sell" has the same meaning as in Title 17-A, section 554-A, subsection 1, paragraph C.
J. "Transfer" has the same meaning as in Title 17-A, section 554-A, subsection 1, paragraph A.
K. "Transferee" means a person who receives or intends to receive a firearm in a sale or transfer.
L. "Transferor" means a person who delivers or intends to deliver a firearm in a sale or transfer.
M. "Unlicensed person" means any person who is not a firearm dealer under this section.

2. Background checks required for all sales and transfers. Except as provided in subsection 8, each sale or transfer of a firearm occurring in whole or in part in this State between unlicensed persons must be preceded by a background check on the transferee, and an unlicensed person may not sell or transfer a firearm and an unlicensed person may not receive a firearm without complying with the process described in this section.

3. Background check conducted by firearm dealer. When both parties to a prospective sale or transfer of a firearm are unlicensed persons, the transferor and transferee shall meet jointly at a firearm dealer and request that the firearm dealer facilitate the sale or transfer. A firearm dealer who agrees to facilitate a sale or transfer under this section shall process the sale or transfer as though selling or transferring the firearm from its own inventory to the transferee, complying with all requirements of federal and state law that would apply if it were making such a sale or transfer, including all background check and record-keeping requirements.

4. No sale or transfer if failed background check. Neither a firearm dealer nor a transferor may deliver any firearm to a transferee if the results of the background check pursuant to subsection 3 indicate that the transferee is disqualified to possess firearms under state or federal law.

5. Leaving dealer with firearm. Notwithstanding any other provision of law:
A. This section does not prevent the transferor from removing the firearm from the premises of the firearm dealer while a background check is being conducted pursuant to subsection 3. Before the transferor sells or transfers the firearm to the transferee, the parties must return to the firearm dealer, who shall take possession of the firearm in order to complete the sale or transfer; and
B. This section does not prevent the transferor from removing the firearm from the premises of the firearm dealer if the results of the background check pursuant to subsection 3 indicate that the transferee is disqualified to possess firearms under state or federal law.

6. Reasonable fee. A firearm dealer who agrees to facilitate a sale or transfer pursuant to this section may charge a reasonable fee for services rendered.

7. Completion of forms. A transferor and a transferee must each complete, sign and submit all federal and state forms necessary to process the background check and otherwise complete the sale or transfer pursuant to this section.

8. Exceptions. The provisions of this section apply to the transfer or sale of a firearm between unlicensed persons except if:
A. The sale or transfer is between family members;
B. The firearm is a curio or relic, as defined in 27 Code of Federal Regulations, Section 478.11 (2015), and the sale or transfer is between collectors of firearms as curios or relics, as defined by 18 United States Code, Section 921(a)(13) (2015), who both have in their possession a valid collector of curios and relics license issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives;
C. The sale or transfer is of an antique firearm, as defined in 18 United States Code, Section 921(a)(16) (2015);
D. The transfer is temporary and is necessary to prevent imminent death or great bodily harm, and:
(1) The transfer lasts only as long as necessary to prevent such threat; and
(2) The transferor has no reason to believe that the transferee is disqualified to possess firearms under state or federal law and has no reason to believe that the transferee intends to use the firearm in the commission of a crime;
E. Either the transferor or the transferee is a law enforcement agency or the Department of Corrections or is, to the extent the person is acting within the course of the person's employment or official duties, a peace officer, a law enforcement officer, a corrections officer, a member of the Armed Forces of the United States or the National Guard or the Reserves of the United States Armed Forces, a federal law enforcement officer or a person licensed as a security guard or employed by a contract security company or proprietary security organization under Title 32, chapter 93;
F. The transfer is temporary, the transferor has no reason to believe that the transferee intends to use the firearm in the commission of a crime and the transfer and the transferee's possession of the firearm take place exclusively:
(1) At an established shooting range authorized by the governing body of the jurisdiction in which such range is located or, if no such authorization is required, operated consistently with local law in such jurisdiction;
(2) At a lawfully organized competition involving the use of a firearm or for participation in or practice for a performance by an organized group that uses firearms as a part of the performance;
(3) While the transferee is hunting or trapping if such activity is legal in all places where the transferee possesses the firearm and the transferee holds any license or permit required for such activity; or
(4) In the actual presence of the transferor.
Any transfer allowed by this paragraph is permitted only if the transferor has no reason to believe that the transferee is disqualified to possess firearms under state or federal law or, if the transferee is under 18 years of age and is receiving the firearm under direct supervision and control of an adult, that such adult is disqualified to possess firearms under state or federal law; or
G. The transfer occurs by operation of law upon the death of a person for whom the transferee is an executor, administrator, trustee or personal representative of an estate or a trust created in a will.

9. Violations. Any person who knowingly delivers or receives a firearm without complying with this section commits:
A. For a first conviction involving the sale or transfer of one or more firearms, a Class D crime; and
B. For a 2nd or subsequent conviction involving the sale or transfer of one or more firearms, a Class C crime.

Fiscal impact

The Maine Office of Fiscal and Program Review's fiscal impact statement stated that violations of this law that result in Class D convictions could cost the state an average of $7,774 for a 62 day sentence and that Class C convictions could cost the state an average of $47,285 for a 439 day sentence, but that the number of new cases resulting from this initiative is expected to be small.

Support

The groups Maine Moms Demand Action For Gun Sense Fund and Mainers for Responsible Gun Ownership led the support campaign for Question 3.^[12] ^[13]

Supporters

Organizations

Maine Gun Safety Coalition^[14]
Maine Chiefs of Police Association^[15]
Everytown for Gun Safety, a group founded by Michael Bloomberg^[16]
The Brady Campaign to Prevent Gun Violence^[2]
Maine Medical Association^[17]
The Maine Women's Lobby^[18]

Individuals

Michael Sauschuck, Portland Police Chief^[19]
Sean Geagan, Bucksport Police Chief^[12]
Todd Bracket, Lincoln County Sheriff^[13]
Michael Gahagan, Caribou Police Chief
Joel Merry, Sagadahoc County Sheriff^[20]
Laurie Fogelman, a citizen sponsor and domestic violence prevention advocate^[21]
Christopher Dickens, a citizen sponsor and gun owner from Blue Hill, Maine
Amy Fiorilli, a citizen sponsor from Otis, Maine
Colin Goddard, Virginia Tech shooting survivor^[22]
Don Roberts, former Augusta city councilor^[23]
Rep. Gabby Giffords (D)^[24]
Lois Galgay Reckitt, retired executive director, Family Crisis Services^[25]
Tom Franklin, president, Maine Gun Safety Coalition^[26]
Karen Heck, former mayor of Waterville^[27]

Arguments in favor

David Farmer submitted the following public comments on behalf of Mainers for Responsible Gun Ownership to the secretary of state's voter's guide in support of Question 3:^[11]

Mainers have a proud tradition of responsible gun ownership, and we strongly believe in the Constitutional right to bear arms. We also know that those rights come with responsibilities.

Every day, 91 Americans die from gun violence. Requiring a criminal background check for all gun sales is the single most effective policy for bringing that number down by keeping guns out of the hands of felons, domestic abusers and other dangerous people.

Currently, federal law only requires background checks for gun sales conducted by licensed dealers. But people can easily and anonymously buy guns from unlicensed sellers – often from strangers met online or through classified ads – with no background check required, no questions asked.

Although no one law will stop all crime, research shows that background checks can keep guns away from dangerous people and save lives. In places that already require background checks on all handgun sales, there are:

48 percent fewer law enforcement officers are killed with handguns;
46 percent fewer women are shot to death by intimate partners;
48 percent fewer gun suicides; and
There is 48 percent less gun trafficking in cities.

Support for criminal background checks on all gun sales is strong across Maine, among Republicans, Democrats and Independents alike, whether they own a gun or not.

Mainers know that support for the Second Amendment goes hand in hand with keeping guns away from dangerous people—and that closing loopholes in the background check system is a commonsense policy that respects the rights of gun owners while helping to prevent crime and save lives.

The proposed initiative is a simple, common-sense policy: it requires that everyone in Maine who buys a gun gets the same criminal background check, no matter where they buy it or who they buy it from.

Vote YES on Question 3.^[10]

Judi Richardson, a main proponent whose daughter was shot with a pistol purchased without a background check, said:^[12]

We can save lives by closing the deadly loophole in Maine law that makes it far too easy for criminals, domestic abusers and other dangerous people to get their hands on guns without any background check at all.^[10]

Sean Geagan, Bucksport Police Chief and a citizen sponsor of Question 3, stated:^[12]

Supporting the Second Amendment goes hand in hand with the responsibility to keep guns out of the hands of dangerous people. While no law can prevent every tragedy, this ballot measure will help keep Mainers safe.^[10]

South Portland Police Chief Ed Googins, who worked on Question 3, said:^[28]

Maine has developed reputation as a state where it's very easy to purchase a gun without a background check. What we have seen of public opinion in this matter is an overwhelming belief that background checks should be done in the state.^[10]

Bucky Owen, former commissioner of the Maine Department of Inland Fisheries and Wildlife, said:^[2]

This ballot measure respects our Second Amendment rights while recognizing that…rights come with responsibilities, such as the responsibility to keep guns out of the hands of dangerous people.^[10]

Opposition

The NRA formed the group Vote No Question 3/Don't NYC My Maine Gun Rights in opposition to Question 3.

Opponents

National Rifle Association^[29]
Gun Owners of Maine^[16]
Sportsman's Alliance of Maine^[30]
V. Paul Reynolds, former information officer, Maine Dept. of Fish and Wildlife^[31]
Maine House of Representatives majority leader Rep. Jeff McCabe (D-107)^[32]
Rep. Patrick Corey (R-25)^[33]
Gov. Paul LePage (R)^[34]
Androscoggin County Sheriff Eric Samson^[35]
Aroostook County Sheriff Darrell O. Crandall
Hancock County Sheriff Scott Kane
Knox County Sheriff Donna Dennison
Franklin County Sheriff Scott Nichols
Oxford County Sheriff Wayne Gallant
Penobscot County Sheriff Troy Morton
Piscataquis County Sheriff John Goggin
Somerset County Sheriff Dale Lancaster
Waldo County Sheriff Jeffrey Trafton
Washington County Sheriff Barry Curtis
York County Sheriff William King
Sen. Andre Cushing (R-10)^[36]
John Lott Jr, president, Crime Prevention Research Center^[37]

Arguments against

Todd Tolhurst submitted the following public comments on behalf of Gun Owners of Maine, Inc. to the secretary of state's voter's guide in opposition to Question 3:^[11]

While this initiative may sound good on the surface, it will not accomplish the goal of keeping firearms out of the hands of criminals, but it will make unwitting criminals out of ordinary Mainers.

Criminals routinely avoid background checks by having others purchase firearms on their behalf. That's why, according to Federal statistics, background-checked dealer sales are the #1 source of traced crime guns, not private sales.

This bill will create criminals. Ordinary Mainers will become criminals by relying on the exceptions in the law. But those exceptions are traps. The so-called hunting exception, for example, does not allow you to lend a rifle to your neighbor at home to hunt in the morning. That would be a crime. And when he returns it the next day, that will be a second crime, this time a felony. For both of you.

The bill uses a fantastically broad definition of transfer, which is borrowed from the law which makes it a crime to transfer a firearm to a child. That definition reads:

"Transfer" means to sell, furnish, give, lend, deliver or otherwise provide, with or without consideration.

The phrase "otherwise provide" is meant to cover circumstances like leaving a firearm accessible to a child. This bill will literally treat adults like children. That means if you leave your rifle in the car with a buddy, or you have someone in to clean your house or fix the furnace while you're away, you could be charged with a crime.

This bill also would make it impossible for young adults, 18 to 20 years old, to buy a handgun. Even for active duty military, law enforcement cadets, or active law enforcement. That's unconstitutional, plain and simple.

Even if you favor background checks, this bill is fatally flawed. Maine can do better.^[10]

Ad featuring Maine sheriffs opposing Question 3.

Charles Rumsey, an organizer of the Bangor Gun Show, said he had misgivings about the added burden and fees to require extra background checks. He stated:^[12]

You wind up just putting honest people through an unneeded process. I don't want to have to go around and pay for someone to do that. I don't see any use for that.^[10]

The National Rifle Association said:^[29]

Like all of Bloomberg's proposals, this effort will do nothing to deter criminals or stop crimes. It will only serve to make it more difficult for law-abiding citizens to obtain guns for protection.^[10]

Maine House of Representatives majority leader Rep. Jeff McCabe (D-107) expressed concern over the methods used to place Question 3 on the ballot, stating the measure is "a perfect example of politics gone awry" and that the Bloomberg-backed Maine Moms Demand Action group is circumventing the democratic process by "purchasing themselves a ballot question."^[32]

While not officially opposing Question 3, the Maine Warden Service raised concerns about the enforceability of the measure.^[17]

Campaign finance

See also Campaign finance requirements for Maine ballot measures

Total campaign contributions:
Support:	$7,335,275.23
Opposition:	$1,275,290.48

Support

As of January 18, 2017, the Maine Moms Demand Action for Gun Sense Fund and the Mainers for Responsible Gun Ownership Fund raised $7,335,275.23. The majority of the donations to both ballot measure committees came from the Everytown for Gun Safety Action Fund. Of the $5,288,645.63 donated by Everytown for Gun Safety, $404,646.63 was in the form of in-kind contributions. Maine Moms Demand Action for Gun Sense Fund was terminated and filed its last report on June 3, 2016.^[38] ^[39]

Committee	Amount raised	Amount spent
Maine Moms Demand Action for Gun Sense Fund	$1,486,805.53	$1,011,821.67
Mainers for Responsible Gun Ownership Fund	$5,848,469.70	$5,448,537.55
Total	$7,335,275.23	$6,460,359.22

Top donors

As of January 18, 2017, the following were the top five donors in support of this initiative. These figures include in-kind donations.^[40]

Note: The Maine Moms Demand Action for Gun Sense Fund has donated $433,601 of its funds directly to the Mainers for Responsible Gun Ownership Fund. While this figure is reflected in the Top Donors list below, those funds are not included in the amount raised total for the Maine Moms Demand Action for Gun Sense Fund listed above, as Ballotpedia does not count money used in PAC to PAC donations twice.

Donor	Amount
Everytown for Gun Safety	$5,288,645.63
Americans for Responsible Solutions PAC	$456,137.71
Maine Moms Demand Action for Gun Sense Fund	$433,601.00
Nicolas Hanauer	$125,000.00
Quimby Colony Inc	$45,000.00

Signature collection

Maine Moms Demand Action reported spending the most money on signature collection out of all of the initiative campaigns in Maine this year. They reportedly paid the consulting firm, FieldWorks LLC, more than $570,000 between September 1 and December 31, 2015, to collect the more than 85,000 signatures the campaign submitted to the secretary of state's office. During this time, Everytown for Gun Safety donated $750,000 to Maine Moms Demand Action.^[41]

Opposition

As of January 18, 2017, groups opposing Question 3 had raised $1,275,290.48 and spent $1,258,525.90. The majority of donations came from the National Rifle Association of America, with $1,167,141.46.^[42]

Committee	Amount raised	Amount spent
National Rifle Association Institute for Legislative Action	$1,177,070.09	$1,177,070.09
Gun Owners of Maine, Inc	$23,211.08	$23,211.08
UBC Bad for ME	$43,449.06	$32,867.02
Friends of Maine Sportsmen	$14,829.95	$8,540.00
Maine Gun Rights	$10,550.00	$10,550.00
Sportsman's Alliance of ME PAC	$6,180.30	$6,287.71
Total	$1,275,290.48	$1,258,525.90

Top donors

As of January 18, 2017, the following were the top five donors opposing this initiative. These figures include in-kind donations.^[43]

Note: UBC Bad for ME and Friends of Maine Sportsmen have donated $25,000 and $16,000, respectively, of their funds directly to other PACs registered in opposition to Question 3. While these figures are reflected in the Top Donors list below, those funds are not included in the amount raised total for the UBC Bad for ME and Friends of Maine Sportsmen listed above, as Ballotpedia does not count money used in PAC to PAC donations twice.

Donor	Amount
National Rifle Association of America	$1,125,979.62
UBC Bad for ME	$30,000.00
Friends of Maine Sportsmen	$34,235.00
National Shooting Sports Foundation	$10,000.00
National Association for Gun Rights	$10,000.00

Spending for similar measures

In 2014, campaigns related to the Washington Universal Background Checks for Gun Purchases Initiative raised a total of $11,888,293. Of this total, $11,285,313 was raised by the support campaign while $602,980 was raised by the opposition, the bulk of which was donated by the NRA. Everytown for Gun Safety contributed more than $2.7 million in support of the Washington measure. As of January 18, 2017, campaigns related to the Nevada Background Checks for Gun Purchases Initiative had raised a total of $26,348,949.67. Everytown for Gun Safety provided $14,408,641.64 to the support campaign. The NRA Institute for Legislative Action provided $6,510,000.00 to the opposition campaign.

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Media editorials

Support

The Ellsworth American and its sister publication, the Mount Desert Islander , said the following:^[44]

Several Maine law enforcement officials have argued forcefully for the need to close the existing loophole in the law that allows individuals to easily and anonymously buy guns from strangers at gun shows, over the Internet or through classified ads. Question 3 has the backing of the Maine Chiefs of Police Association. And Bucksport's Geagan, a citizen sponsor of the measure, argues that "supporting the Second Amendment goes hand in hand with the responsibility to keep guns out of the hands of dangerous people. While no law can prevent every tragedy," he says, "this ballot measure will help keep Mainers safe."

We agree with Geagan and the police chiefs and urge a "yes" vote on Question 3 on Nov. 8.^[10]

The Portland Press Herald and sister publications Kennebec Journal and Morning Sentinel said the following:^[45]

Question 3 would not create any new regulations – it would simply enforce existing laws more effectively. As long as background checks are required in some gun sales, it makes no sense to exempt them in so many others.

We should not leave a back door open for criminals and people with severe mental illness who want to buy guns. Mainers should vote "yes" on Question 3.^[10]

USA Today said the following:^[46]

One of the most basic strategies is expanding gun background checks to include virtually all sales of guns, not just those by federally licensed gun dealers. This logical change — on the ballot in Maine and Nevada — would fill a gaping hole in federal gun laws that can be exploited by felons, fugitives, drug users, the mentally ill or people prone to domestic violence.^[10]

Bangor Daily News said the following:^[47]

Question 3 on November's ballot would fill in a clear loophole in Maine law by requiring background checks for all firearms sales and transfers. The ballot measure isn't a magic solution to keep all guns out of the hands of those who shouldn't have them. But requiring background checks is one straight-forward change Maine can enact to make it more difficult for someone who shouldn't have a gun to get one — without unreasonably burdening Maine gun owners who already follow the law.

We recommend a "yes" vote on Question 3.^[10]

Opposition

Ballotpedia has not yet found media editorials in opposition to Question 3. If you are aware of a media editorial, please email it to editor@ballotpedia.org.

Polls

Maine Background Checks for Gun Sales, Question 3 (2016)
Poll	Support	Oppose	Undecided	Margin of error	Sample size

University of New Hampshire Survey Center 10/20/16 - 10/25/16	52%	43%	5%	+/-3.6	761
Portland Press Herald/University of New Hampshire Survey Center 9/15/16 - 9/20/16	61%	33%	6%	+/-4.3	509
Maine People's Resource Center 3/5/16 - 3/8/16	66.2%	25.5%	8.3%	+/-4.15	557
AVERAGES	59.73%	33.83%	6.43%	+/-4.02	609
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

A company called Pan Atlantic SMS Group conducted a poll of 403 Maine residents between March 11 and March 16, 2013. One of the questions in the poll asked if the respondent supported mandatory background checks on all potential gun buyers. This question did not reference this particular initiative proposal. Out of the total, 89.6 percent of respondents said they did favor mandatory background checks in Maine, 7.9 percent said they were opposed, and 2.4 percent said they did not know.^[48]

Reports and analyses

Fiscal impact

The Maine Office of Fiscal and Program Review prepared the following fiscal impact statement:^[11]

This initiated bill requires a background check before a firearm sale or transfer between individuals not licensed as firearm dealers, with certain exceptions. The background check must be performed by a licensed firearm dealer who may charge a reasonable fee for services rendered. No state or local government costs or revenues are generated by these transactions. Violations for failing to comply are Class D crimes for a first conviction and Class C crimes for a 2nd or subsequent conviction. The average cost to a county for a Class D crime is $7,774 for a 62 day sentence. The average cost to the State for a Class C crime is $47,285 for a 439 day sentence. Some Class C sentences can be served in county facilities. The number of new cases resulting from this initiative becoming law is expected to be quite small.^[10]

Path to the ballot

See also: Laws governing the initiative process in Maine and Signature requirements for ballot measures in Maine

Judi Richardson submitted the petition, and a title and summary for Question 3 were issued on October 13, 2015.
To qualify their initiative for the ballot, proponents needed to collect 61,123 signatures, which is 10 percent of the total votes cast for governor in November 2014, by February 1, 2016.
Petitioners submitted 85,000 signatures to the secretary of state on January 20, 2016.^[49] ^[50]
Maine Moms Demand Action for Gun Sense paid Fieldworks more than $570,000 between September 1, 2015, and December 31, 2015, to gather signatures.^[51]
The Maine Secretary of State has, by statute, 30 days to review initiative petition signatures for validity and announce a decision about whether an initiative has made the ballot after signatures have been submitted. The 30-day deadline for this measure was February 18, 2016.
On February 18, 2016, the Maine Secretary of State confirmed that the petition gathered 65,821 valid signatures, certifying it for the ballot.^[52]
On March 24, 2016, the legislature indefinitely postponed a vote on Question 3, confirming that it would appear on the ballot in November.^[53] ^[54]

Cost of signature collection:
Sponsors of the measure hired Fieldworks to collect signatures for the petition to qualify this measure for the ballot. A total of $572,094.87 was spent to collect the 61,123 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $9.36.

See also: Firearms on the ballot

2016

Firearms measures on the ballot in 2016
State	Measures
California	California Proposition 63: Background Checks for Ammunition Purchases and Large-Capacity Ammunition Magazine Ban a
Nevada	Nevada Background Checks for Gun Purchases, Question 1 a
Washington	Washington Individual Gun Access Prevention by Court Order, Initiative 1491 a

2014

Washington Universal Background Checks for Gun Purchases, Initiative 594

Recent news

The link below is to the most recent stories in a Google news search for the terms Maine background checks gun sales Initiative. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

State profile

Demographic data for Maine
	Maine	U.S.
Total population:	1,329,453	316,515,021
Land area (sq mi):	30,843	3,531,905
Race and ethnicity**
White:	95%	73.6%
Black/African American:	1.1%	12.6%
Asian:	1.1%	5.1%
Native American:	0.6%	0.8%
Pacific Islander:	0%	0.2%
Two or more:	2%	3%
Hispanic/Latino:	1.5%	17.1%
Education
High school graduation rate:	91.6%	86.7%
College graduation rate:	29%	29.8%
Income
Median household income:	$49,331	$53,889
Persons below poverty level:	16.6%	11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Maine. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Maine

Maine voted for the Democratic candidate in all six presidential elections between 2000 and 2020.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, eight are located in Maine, accounting for 3.88 percent of the total pivot counties.^[55]

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Maine had seven Retained Pivot Counties and one Boomerang Pivot County, accounting for 4.42 and 4.00 percent of all Retained and Boomerang Pivot Counties, respectively.

More Maine coverage on Ballotpedia

Elections in Maine
United States congressional delegations from Maine
Public policy in Maine
Influencers in Maine
Maine fact checks
More...

External links

Maine Citizen's Guide to the Referendum Election

Support

Maine Moms Demand Action
Moms Demand Action Facebook page

Opposition

Vote No Question 3/Don't NYC My Maine Gun Rights
Vote No Question 3/Don't NYC My Maine Gun Rights Facebook page
Gun Owners of Maine
Gun Owners of Maine Facebook page

Footnotes

↑ ^1.0 ^1.1 ^1.2 Maine.gov, "Legislation," accessed January 22, 2016
↑ ^2.0 ^2.1 ^2.2 ^2.3 Newsweek, "MAINE GUN BACKGROUND CHECK INITIATIVE QUALIFIES FOR NOVEMBER BALLOT," February 19, 2016
↑ WCSH 6, "Legislature votes on vetoes, then heads home," April 29, 2016
↑ Maine Secretary of State, "November 8, 2016 General Election," accessed June 14, 2017
↑ Portland Press Herald, "Trump takes 1 of Maine's 4 electoral votes, in a first for the state," November 9, 2016
↑ Law Center to Prevent Gun Violence, "Universal Background Checks," accessed July 7, 2016
↑ Yale News, "Gun control misperceptions: Q&A with Yale researcher Benjamin Miller," January 27, 2016
↑ Maine Secretary of State, "Secretary Dunlap announces final wording of referendum questions," June 23, 2016
↑ Maine Secretary of State, "Secretary Dunlap announces ballot order of referendum questions," June 27, 2016
↑ ^10.00 ^10.01 ^10.02 ^10.03 ^10.04 ^10.05 ^10.06 ^10.07 ^10.08 ^10.09 ^10.10 ^10.11 ^10.12 ^10.13 ^10.14 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
↑ ^11.0 ^11.1 ^11.2 ^11.3 Maine Secretary of State, "Maine Citizen's Guide to the Referendum Election," accessed October 4, 2016
↑ ^12.0 ^12.1 ^12.2 ^12.3 ^12.4 BDN Maine, "Petition drive seeks to expand background checks to private gun sales," October 15, 2015
↑ ^13.0 ^13.1 Bangor Daily News, "Campaign to close gun background check loophole launched," May 14, 2016
↑ Maine Sun Journal, "Maine group seeking ballot question on gun checks nears signature target," January 7, 2016
↑ Bangor Daily News, "An affront to responsible gun owners: Letting dangerous people buy guns, no questions asked," May 15, 2016
↑ ^16.0 ^16.1 Portland Press Herald, "Campaign gearing up to expand gun background checks in Maine," October 15, 2015
↑ ^17.0 ^17.1 Portland Press Herald, "Wardens raise concerns about gun-sales background check proposal," October 11, 2016
↑ Sun Journal, "Question 3: Requiring more background checks has people up in arms," October 17, 2016
↑ Maine Public, "Culture Clash: Mainers Takes Sides in Gun Control Referendum," October 12, 2016
↑ Portland Press Herald, "Maine Voices: Background checks will make us a bit more secure, Sagadahoc County sheriff says," October 15, 2016
↑ Maine Moms Demand Action for Gun Sense, "Maine Moms Demand Action For Gun Sense Fund Takes First Step Toward Qualifying a Background Check Initiative for November 2016 Ballot," August 24, 2015
↑ WABI TV, "Survivor of Virginia Tech Shooting Backing Ballot Initiative Requiring Background Checks for Private Gun Sales," March 24, 2016
↑ Centralmaine.com, "Roberts: Maine, the way life shouldn't be," October 8, 2016
↑ Washington Times, "Rep. Giffords to press for expanded background checks," October 12, 2016
↑ Portland Press Herald, "Maine Voices: By opposing Question 3, LePage wouldn't disarm domestic abusers," October 19, 2016
↑ Portland Press Herald, "Maine Voices: Question 3 would move toward balancing gun rights with responsibility," November 2, 2016
↑ CentralMaine.com, "Heck: Vote for children on Nov. 8," November 2, 2016
↑ The Trace, "Voters in These 6 States May Get to Set Their Own Gun Laws This Year," February 2, 2016
↑ ^29.0 ^29.1 Guns.com, "Everytown guns for background checks in constitutional carry state of Maine," March 24, 2016
↑ Bangor Daily News, "Maine referendum to pit Bloomberg vs. the NRA on pro-gun turf," May 15, 2016
↑ Sun Journal, "Universal background checks would be a bad deal for Maine," July 2, 2016
↑ ^32.0 ^32.1 Bangor Daily News, "I have a problem with a New York billionaire intent on restricting our Second Amendment rights," July 31, 2016
↑ Portland Press Herald, "Commentary: Question 3 is too broadly written, Windham lawmaker says," September 23, 2016
↑ Maine Wire, "Ballot Questions May Run Afoul of Maine Constitution," September 29, 2016
↑ WCSH, "Several Maine Sheriffs' oppose background checks for gun sales," October 5, 2016
↑ Centralmaine.com, "Senate District 10 candidates differ on minimum wage, background checks," October 10, 2016
↑ Sun Journal, "Too many problems with Question 3," October 16, 2016
↑ Maine Commission on Government Ethics and Election Practices, "Maine Moms Demand Action for Gun Sense Fund," accessed December 23, 2016
↑ Maine Commission on Government Ethics and Election Practices, "Mainers for Responsible Gun Ownership Fund," accessed December 23, 2016
↑ Maine Commission on Governmental Ethics & Election Practices, "Maine Ethics Commission Public Disclosure Site," accessed December 23, 2016
↑ Portland Press Herald, "Referendum campaigns paying big bucks to qualify for Maine ballot," January 24, 2016
↑ Maine Commission on Government Ethics and Election Practices, "Ballot Questions," accessed December 23, 2016
↑ Maine Commission on Governmental Ethics & Election Practices, "Maine Ethics Commission Public Disclosure Site," accessed December 23, 2016
↑ The Ellsworth American, "Say "yes" to background checks," September 9, 2016
↑ Portland Press Herald, "Our View: Vote 'yes' on Question 3 to close Maine gun sales loophole," October 9, 2016
↑ USA Today, "Vote 'yes' on gun safety measures: Our view," October 11, 2016
↑ Bangor Daily News, "There's little coincidence that states with fewer gun deaths require background checks," October 17, 2016
↑ Pan Atlantic SMS Group, "Pan Atlantic SMS Group 51st Omnibus Poll," March 2013
↑ Maine.gov, "Petition Organization Registration Application," accessed January 22, 2016
↑ MPBN News, "Group Submits Signatures to Put Gun Background Check Measure on Ballot," January 19, 2016
↑ Portland Press Herald, "Referendum campaigns paying big bucks to qualify for Maine ballot," January 24, 2016
↑ Bangor Daily News, "Gun purchase background check mandate question qualifies for Maine ballot," February 19, 2016
↑ Bangor Daily News, "Maine doesn't need Michael Bloomberg's gun control agenda," March 31, 2016
↑ Maine Legislature, "An Act To Require Background Checks for Gun Sales," accessed April 1, 2016
↑ The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.

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