APPROVED CHAPTER
APRIL 26, 2024 675
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
S.P. 953 - L.D. 2224
An Act to Strengthen Public Safety by Improving Maine's Firearm Laws and
Mental Health System
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §393, sub-§1, ¶E-1, as enacted by PL 2019, c. 411, Pt. C, §2
and affected by Pt. D, §3, is amended to read:
E-1. Is currently a restricted person under pursuant to Title 34‑B, section 3862‑A,
subsection 2 4 or Title 34-B, section 3862-A, subsection 6, paragraph D or a similar
order issued by another jurisdiction, except that the prohibition applies to possession
and control, and not ownership. A permit issued pursuant to subsection 2 is not a
defense to a violation of this paragraph. Violation of this paragraph is a Class D crime;
Sec. 2. 15 MRSA §394, sub-§1, ¶B-1 is enacted to read:
B-1. "Intentionally" has the same meaning as in Title 17-A, section 35, subsection 1.
Sec. 3. 15 MRSA §394, sub-§1, ¶B-2 is enacted to read:
B-2. "Knowingly" has the same meaning as in Title 17-A, section 35, subsection 2.
Sec. 4. 15 MRSA §394, sub-§1, ¶B-3 is enacted to read:
B-3. "Recklessly" has the same meaning as in Title 17-A, section 35, subsection 3.
Sec. 5. 15 MRSA §394, sub-§2, as enacted by PL 2023, c. 305, §1, is amended to
read:
2. Sale or transfer prohibited. A person may not knowingly or intentionally,
knowingly or recklessly sell or transfer a firearm to a person who is prohibited from
owning, possessing or having under that person's control a firearm pursuant to section 393
and who does not have a permit issued under section 393. This subsection does not apply
to the sale or transfer of an antique firearm.
Violation of this subsection is a Class D C crime.
Sec. 6. 15 MRSA §395 is enacted to read:
§395. Background checks of firearms buyers
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 1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Advertisement" means the presentation of a message regarding a firearm for sale
by a seller that is:
(1) Broadcast on television or radio;
(2) Broadly disseminated over the Internet;
(3) Printed in magazines or newspapers; or
(4) Displayed on a handbill, poster, sign or placard.
B. "Buy" means to acquire ownership for monetary or other consideration.
C. "Buyer" means a person who buys from a seller.
D. "Family member" means a spouse, domestic partner, parent, stepparent, foster
parent, child, stepchild, foster child or person related by consanguinity within the 2nd
degree.
E. "Federally licensed firearms dealer" or "dealer" means a person who is licensed or
is required to be licensed as a dealer under 18 United States Code, Section 923(a)(3).
F. "Firearm" has the same meaning as in Title 17-A, section 2, subsection 12-A.
G. "Gun show" means any gathering or exhibition at which any firearm is displayed
that is:
(1) Open to the public;
(2) Not occurring on the permanent premises of a federally licensed firearms
dealer; and
(3) Conducted principally for the purposes of transactions.
H. "Sell" means to transfer ownership for monetary or other consideration.
I. "Seller" means a person who sells to a buyer.
J. "Transaction" means the transfer of ownership of a firearm from a seller to a buyer.
2. Transactions covered by this section. This section applies only to transactions in
which:
A. A seller sells to a buyer at a gun show; or
B. A seller sells to a buyer as a result of an advertisement.
3. Transactions not covered by this section. This section does not apply to
transactions in which:
A. The buyer and seller are family members; or
B. The transaction is for a firearm that is:
(1) A curio or relic, as defined in 27 Code of Federal Regulations, Section 478.11,
as in effect on November 19, 2019, and the sale, transfer or exchange is between
collectors as defined in 18 United States Code, Section 921(a)(13), as in effect on
June 25, 2022, who each have in their possession a valid collector of curios and
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 relics license issued by the United States Department of Justice, Bureau of Alcohol,
Tobacco, Firearms and Explosives; or
(2) An antique firearm, as defined in 18 United States Code, Section 921(a)(16),
as in effect on June 25, 2022.
4. Requirement for transactions covered by this section. A seller who is not a
federally licensed firearms dealer may not complete a transaction to which this section
applies unless the seller facilitates the transaction through a federally licensed firearms
dealer. The dealer shall perform a background check of the putative buyer by using the
Federal Bureau of Investigation, National Instant Criminal Background Check System in
the same manner as if the dealer were the seller of the firearm that is the subject of the
transaction. If the background check reveals that the putative buyer is prohibited from
purchasing a firearm, the dealer shall notify the seller of that fact and of the fact that the
transaction may not proceed. The dealer may charge a reasonable fee for serving as the
facilitator.
5. Violations. A person who sells a firearm in violation of this section commits a
Class C crime.
Sec. 7. 22-A MRSA §203, sub-§2, as enacted by PL 2003, c. 689, Pt. A, §1, is
amended to read:
2. Additional programs and services for children and families. The department
shall provide children and families with additional programs and services to assist them in
meeting their needs, including, but not limited to:
A. Child welfare services;
B. Head Start and child care services;
C. Maternal and child health services, including home visiting programs;
D. Paternity establishment and child support enforcement services; and
E. Residential and long-term care services for children with disabilities.; and
F. Injury and violence prevention programs, including data collection, synthesis and
evaluation.
Sec. 8. 25 MRSA §2804-C, sub-§2-E, as enacted by PL 2019, c. 411, Pt. C, §4
and affected by Pt. D, §3, is amended to read:
2-E. Receipt of certain dangerous weapons; training; procedure; liability.
Beginning in 2020, the Maine Criminal Justice Academy Board of Trustees shall require
training as part of its mandated training schedule for municipal, county and state law
enforcement officers regarding the process for protection from substantial threats by a
restricted person extreme risk protection orders and the proper handling, storage,
safekeeping and return of dangerous weapons received pursuant to an endorsement or court
order under Title 34‑B, section 3862‑A or 3873‑A. The training must include education
concerning the prohibitions on the purchase, control or possession of dangerous weapons.
A law enforcement officer who receives custody of a dangerous weapon pursuant to Title
34‑B, section 3862‑A or 3873‑A shall exercise reasonable care to avoid loss, damage or
reduction in value of the weapon and may not permanently mark or fire the weapon unless
there is reasonable suspicion that the weapon has been used in the commission of a crime.
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Any liability for damage or reduction in value to such a weapon is governed by Title 14,
chapter 741.
Sec. 9. 34-B MRSA §3613 is enacted to read:
§3613. Crisis receiving centers
1. Definition. As used in this section, unless the context otherwise indicates, "crisis
receiving center" means a center that provides immediate and short-term walk-in access to
an array of both clinical and nonclinical mental health and substance use disorder crisis
stabilization services to all individuals seeking care regardless of severity or insurance
coverage and within bounds of licensing.
2. Department to develop plan and serve as coordinator. The department shall
develop a plan for a network of community-based crisis receiving centers across the State
to support both clinical and nonclinical mental health and substance use disorder crisis
stabilization services. The department shall also coordinate meetings, technical assistance
and training and provide other assistance to help create, maintain and, as necessary, expand
the network.
3. Guidelines. In carrying out its duties under subsection 2, the department shall:
A. Consult with law enforcement agencies, municipalities, public health experts,
behavioral health care providers, other states and others as appropriate;
B. Assess geographical locations for maximization of community impact;
C. Provide technical assistance to persons and entities across the State and providers
interested in joining the network;
D. Coordinate regular meetings with crisis receiving centers and provide technical
assistance to crisis receiving centers; and
E. Engage in continual process improvement and planning updates.
Sec. 10. 34-B MRSA §3862-A, as enacted by PL 2019, c. 411, Pt. A, §1 and
affected by Pt. D, §3, is amended by amending the section headnote to read:
§3862-A. Protection from substantial threats Extreme risk protection orders
Sec. 11. 34-B MRSA §3862-A, sub-§1, ¶C, as enacted by PL 2019, c. 411, Pt. A,
§1 and affected by Pt. D, §3, is amended to read:
C. "Initial restrictions" means the immediate and temporary 14‑day 30-day
threat‑based restrictions pursuant to subsection 4.
Sec. 12. 34-B MRSA §3862-A, sub-§2, ¶B, as enacted by PL 2019, c. 411, Pt. A,
§1 and affected by Pt. D, §3, is amended to read:
B. The medical practitioner under paragraph A this subsection shall assess whether the
person presents a likelihood of foreseeable harm. In assessing the person, a medical
practitioner may consult with other medical professionals as the medical practitioner
determines advisable. If the medical practitioner finds that the person can benefit from
treatment and services, the medical practitioner shall refer the person to treatment and
services. The medical practitioner may rely on information provided by a 3rd party if
it reasonably appears that the 3rd party has had recent personal observations of or
conversations with the person being assessed.
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 Sec. 13. 34-B MRSA §3862-A, sub-§2, ¶C, as enacted by PL 2019, c. 411, Pt. A,
§1 and affected by Pt. D, §3, is amended to read:
C. Notwithstanding any provision of law to the contrary, an assessment pursuant to
this section may be performed at a health care facility but or, when available and as
appropriate, must may be performed at an alternative location. The assessment may be
facilitated using telehealth technology. If the assessment is provided at a health care
facility, law enforcement shall, upon request of the facility and consistent with section
3863, subsection 2‑A, absent compelling circumstances, assist the facility with the
security of the person awaiting the assessment under this section.
Sec. 14. 34-B MRSA §3862-A, sub-§2, ¶C-1 is enacted to read:
C-1. The assessment required by this subsection must be performed while the person
being assessed remains in protective custody, except that the assessment may be
performed within 24 hours after the person is released from protective custody if:
(1) The protective custody stemmed from a law enforcement officer's probable
cause to believe the person may be mentally ill and presents a likelihood of serious
harm because the person possesses, controls or may acquire a dangerous weapon;
and
(2) An examination under section 3863 has occurred.
Sec. 15. 34-B MRSA §3862-A, sub-§2-A is enacted to read:
2-A. Protective custody warrant for purposes of conducting an assessment. If a
law enforcement officer is unable to take a person into protective custody to conduct an
assessment under this section, the law enforcement officer may apply for a protective
custody warrant. The officer must submit an affidavit of probable cause for a protective
custody warrant to a Justice of the Superior Court, a Judge of the District Court or a justice
of the peace.
The justice, judge or justice of the peace shall issue a protective custody warrant and
promptly transmit that warrant to the officer for execution upon finding the affidavit under
this subsection is sufficient to establish:
A. Probable cause to believe that the person may be mentally ill and due to that
condition presents a likelihood of serious harm;
B. Probable cause to believe that the person possesses, controls or may acquire a
dangerous weapon; and
C. That the officer has made reasonable attempts to take the person into custody
without a warrant.
A warrant transmitted by facsimile machine or an electronic warrant transmitted by secure
electronic means has the same legal effect and validity as an original endorsement signed
by the justice, judge or justice of the peace. The electronic protective custody warrant or
paper protective custody warrant may be executed by a law enforcement officer authorized
to take the person into protective custody as provided in section 3862, subsection 1,
paragraph B.
Sec. 16. 34-B MRSA §3862-A, sub-§3, as enacted by PL 2019, c. 411, Pt. A, §1
and affected by Pt. D, §3, is amended to read:
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 3. Notification by medical practitioner and judicial endorsement. A medical
practitioner shall notify in writing the law enforcement officer or law enforcement agency
that took the person into protective custody under section 3862, subsection 1, paragraph B
that, based on the assessment under subsection 2, paragraph B, the person is found to
present a likelihood of foreseeable harm. If so notified, the law enforcement officer or law
enforcement agency shall as soon as practicable seek endorsement by a Superior Court
Justice, District Court Judge, judge of probate or Justice of the Superior Court, a Judge of
the District Court or a justice of the peace of the medical practitioner's assessment and law
enforcement's declarations that the person was taken into protective custody and that the
law enforcement officer has probable cause to believe that the person possesses, controls
or may acquire a dangerous weapon. The judge justice or justice judge shall promptly
transmit to the law enforcement officer or agency the decision to endorse or not endorse.
A decision transmitted electronically has the same legal effect and validity as a signed
original. An endorsement must authorize law enforcement to execute the authority in
subsection 4. This section may not be construed to prevent law enforcement from accepting
a voluntary surrender of dangerous weapons.
Sec. 17. 34-B MRSA §3862-A, sub-§4, as enacted by PL 2019, c. 411, Pt. A, §1
and affected by Pt. D, §3, is amended to read:
4. Initial restrictions; notice by law enforcement. A person whose assessment is
endorsed by a judicial officer under subsection 3 becomes, at the time of notice by a law
enforcement officer under paragraph B, a restricted person subject to initial restrictions and
subject to the prohibitions in Title 15, section 393, subsection 1, paragraphs E‑1 and E‑2 as
follows:
A. The restricted person, after notice under paragraph B:
(1) Is prohibited from possessing, controlling, acquiring or attempting to possess,
control or acquire a dangerous weapon pending the outcome of a judicial hearing;
(2) Shall immediately and temporarily surrender any weapons possessed,
controlled or acquired by the restricted person to a law enforcement officer who
has authority in the jurisdiction in which the weapons are located pending the
outcome of a judicial hearing; and
(3) Has a right to a judicial hearing within 14 30 days of notice under paragraph
B; and
B. A law enforcement officer shall, as soon as practicable, but no later than 24 hours
after the judicial endorsement, unless the restricted person is medically incapacitated,
in which case within 48 hours after the law enforcement officer has been notified that
the person is no longer medically incapacitated:
(1) Notify the restricted person that the restricted person:
(a) Is prohibited from possessing, controlling, acquiring or attempting to
possess, control or acquire a dangerous weapon pending the outcome of a
judicial hearing;
(b) Is required to immediately and temporarily surrender any weapons
possessed, controlled or acquired by the restricted person to a law enforcement
officer who has authority in the jurisdiction in which the weapons are located
pending the outcome of a judicial hearing; and
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 (c) Has a right to a judicial hearing within 14 30 days of the notice under this
paragraph;
(2) Notify the contact person, if any, disclosed by the restricted person to the
medical practitioner and the district attorney in the district of the restricted person's
residence where the person was taken into protective custody of the person's
restricted status; and
(3) Report the person's restricted status to the Department of Public Safety as soon
as practicable.; and
(4) Provide a copy to the court of the notification to the restricted person, including
the date of notification.
Sec. 18. 34-B MRSA §3862-A, sub-§6, ¶A, as enacted by