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MAINE 72 HOUR WAITING PERIOD POLICY
TAKING EFFECT ON AUGUST 9TH 2024
LD. 2224 An Act to Strengthen Public Safety by Improving Maine's Firearm Laws and Mental Health System.
This will require background checks on ALL advertised private firearms sales (such as Uncle Henry's or other online or newspaper ads). See the FFL TRANSFERS PAGE or the PRIVATE FIREARM TRANSFER PAGE for more info. This legislation takes effect on August 9th 2024.
UPDATED POLICY 9/30/2024 8:00AM (This has yet to be integrated into the existing policies on this page)
LD 2238 "An Act to Address Gun Violence in Maine by Requiring a Waiting Period for Certain Firearm Purchases" This legislation takes effect on August 9th 2024.
LD 2238 law CLICK HERE
New advisory on 72 hour waiting period CLICK HERE
What constitutes an “agreement” under the law?
An agreement means an agreement reached between a buyer and seller for the purchase and sale of a specifically identified firearm. While the law does not expressly state that the agreement be in writing, the DPS and OAG strongly recommend that sellers maintain contemporaneous documentation of agreements so that if questions arise, the existence and terms of agreements can be confirmed. Examples of such documentation may include correspondence between the seller and buyer, written confirmation of an online or telephone order, or completion of ATF Form 4473.
In the above advisory SPECIFICALLY IDENTIFIED FIREARM have been added. The law does not state this. The law only uses the word firearm. I am working on trying to find out if you go by the law or advisory. The Gun Owners Of Maine is going by the law.
EXCEPTIONS
This 72 hour waiting period does not apply to the following individuals:
A. The sale of a firearm if the seller knows that the person to whom the seller is selling
the firearm is:
(1) A law enforcement officer as defined by Title 17-A, section 2, subsection 17; MUST SUPPLY A COPY OF YOUR CREDENTIALS
(2) A corrections officer as defined by section 2801-A, subsection 2; MUST SUPPLY A COPY OF YOUR CREDENTIALS
(3) A person who is employed by a contract security company or proprietary
security organization as defined by Title 32, section 9403 or a person who is
licensed as a private security guard under Title 32, chapter 93; MUST SUPPLY COPY OF LICENSE
* A PERSON THAT IS ACTIVE OR RESERVE MILITARY DOES NOT FALL WITHIN THESE EXCEPTIONS. THE 72 HOUR WAITING PERIOD APPLIES TO ALL ACTIVE AND RESERVE MILITARY.
Below is work in progress for my policy moving forward.
So according to the above advisory if you...
1 - E-MAIL AN AGREEMENT TO AVOID THE WAITING PERIOD
Contact me via email (easier to organize) ahead of the 72 hours with the intent to purchase a firearm(s) in stock on my website (This is not for FFL transfers, see below) this will be an agreement. (my inventory is online and up to date)
Included in the email:
- Statement stating the intention to buy a specific firearm(s) that are in stock on my website.
- Make, Model, and Caliber of the firearm. Also include the mfg number listed on the website so the exact firearm in the email can be identified.
- Include full name and address.
EMAIL TEMPLATE BELOW or CLICK HERE
This can also be filed out in the shop in case there is a firearm you want to come back and get after the 72 hours has past.
Buyers Name:
Buyers Address:
Date:
Time:
I the above-mentioned buyer reached an agreement with Allsport Performance Inc (Email communication between the buyer and seller has been recorded) for the purchase and the sale of the specific firearm(s) named below, pursuant to the requirements of Chapter 678 Maine Public Law, Sec. 1. 25 MRSA §2015:
A. "Agreement" means an agreement reached between a buyer and a seller for the purchase and the sale of a firearm.
B. "Buyer" means a person, not including a firearm dealer, who receives possession or ownership of a firearm through an agreement.
C. "Firearm" has the same meaning as in Title 17-A, section 2, subsection 12-A.
D. "Firearm dealer" means a person that is licensed as a dealer under 18 United States Code, Section 923(a)(3) or that is required to be licensed as a dealer under that section.
E. "Seller" means a person or firearm dealer that owns a firearm and that is transferring ownership of the firearm to a buyer pursuant to an agreement.
2. Waiting period. A seller may not knowingly deliver a firearm to a buyer pursuant to an agreement sooner than 72 hours after the agreement. The 72-hour waiting period must be concurrent with any waiting period imposed by any background check process required by federal or state law.
Make:
Model:
Caliber:
MFG Part Number:
Make:
Model:
Caliber:
MFG Part Number:
* The email cannot just state that you are coming to look.
* The EXACT firearm(s) in the email must be the EXACT firearm you intend to buy. If you are unsure of 2 options you may want I might allow both to be held.
* If you don't know exactly what firearm you want expect to be delayed 72 hours. You would be considered a walk in customer.
* If you change your mind and pick out something completely different expect to be delayed 72 hours. You would be considered a walk in customer.
* Phone is not acceptable because there is no way to record the conversation. I have been told by an attorney without a conversation being recorded or payment being processed at the time of the call there is no way to prove anything. Since it has to be a specific firearm just stating you talked to someone the phone and it was to do with the gun they purchased is just your words there is no electronic or paper trail. A written communication that references the verbal agreement should be recorded. This could include Emails, text messages, or physical letters. I doubt just a phone conversation would hold up in court if something did happen. I am not risking my business for this type of transaction.
* Text is difficult since there is no file folder such as email has and printing from a phone is not anything I can do. It would involve screen shots and sending files to a computer or email something I am not doing for the price I am charging for transfers. If I charged 40-75 dollars like others do maybe I would consider it.
HOLDING FIREARMS USING THE ABOVE METHOD:
- When held the item will show coming soon and will state in the description the item is being held for a customer for 3 - 4 days however if you are not a known customer and not on the approved regular customer list the item will still be for sale in my retail location. This demonstrates the benfit of being a regular known customer of mine. (see below)
- The only problem with this method is I will not hold the firearm unless it is paid in full but if I still have it when you come you would be all set. Remember my firearms inventory on the website is always up to date. Yes, sometimes I do make a mistake.
- If you are heading my way and you have a long drive text or email me to let me know you are on the way so I will hold it until you get here.
- The only exception is if you are a known regular customer I would hold the firearm for 72 hours or up to 4 days. To address the problem of a known regular customer and unknown customers regular customers please send me an email sales@mainegundealer.com with your name and I will add you to the Approved Regular Customer list. If you want you can sign up in my shop you can. This is so I will hold the firearm (72 Hours or up to 4 days) for you if you are a regular customer EVEN IF YOU DON'T PRE PAY.
The benefits of being my regular customer is not just that alone you get:
- The best prices in the area on Guns, Ammo, and Accessories.
- Don't forget the CASH DISCOUNT!
- All inventroy and pricing is on my website including Guns, Ammo, and Accessories.
- I treat every customer fairly and with respect. No attitudes such as I am better than you, I know it all, or I am mr tactical. Yes, I hear all about the other shops on a daily basis not that all are bad. Some just have bad employees representing them.
- I won't try to sell you something that is not right for you or out of your budget.
- I save hard to get ammo to go with the guns I sell such as 410ga. Other shops sell out and still sell the guns and tell you good luck finding ammo. I will try to atleast have one box for you. I have a lot of people coming in looking for ammo for something they bought somewhere else. They paid more for the gun and did not get any ammo. Unbelievable....
- Also you can order guns from me for much less than other local shops without the wait when you pick your firearm up. I hear customers tell me everyday how much cheaper I am.
- You can make an appoinment after business hours. See appoinment page.
2 - PAY UP FRONT TO AVOID THE WAITING PERIOD
Paid up front for a firearm you ordered from me and there is a receipt. You can order guns from me for much less than other local shops without the wait when you pick your firearm up. I hear customers tell me everyday how much cheaper I am. Ask around.
3 - START A LAYWAY TO AVOID THE WAITING PERIOD
Start a layaway and pick the firearm up past the 72 hours. This is considered an agreement and there will be no delay at the time you pick up the firearm.
4 - Purchased something online (FFL TRANSFER) and you supply a printed receipt for me to keep on file with the 4473 would also be an agreement. The customer will have to be prepared and have a copy of the receipt sometimes they are included in the shipment but not always. This includes private online sales also. PLEASE PICK UP 4 DAYS AFTER THE FIREARM IS PURCHASED. Since I have no idea what time you purchased the firearm(s) online waiting 4 days covers this. Sometimes handguns get here within 3 days. I am not going to keep charging a low price for transfer if I have to chase down receipts and have to print off receipt as this adds cost and time. If you email me a receipt (instead of printing one off) on the day (preferred) you are picking up the firearm(s) I will charge a $1.00 per receipt. Does it cost that much? No, but I have my time involved also. Remember I charge a higher transfer fee for firearms I have in stock so check inventory before you buy. See the FFL transfer page for detailed information.
5 - Are a walk in customer with no correspondence you would have to wait the 72 hours. ALL FIREARMS MUST BE PAID IN FULL AT THE TIME THE BACKGROUND CHECK IS PROCESSED. No down payments. The firearm(s) will not be held if they are not paid in full. I am not going to hold a gun(s) for 72 hours and then the customer never shows up to pick it up. A restocking fee of 10% if you paid cash or 15% if you paid card will be charged for cancelled orders. Whether it is an emergency or you changed your mind the fee will apply.
AFTER HOURS PICK-UP FOR DELAYED CUSTOMERS
I will offer appointments outside of business hours to help with this see https://www.mainegundealer.com/Make-An-Appoinment-Maine-Gun-Dealer.html You won't see big gun shops doing this.
Background checks are good for 30 days: Once you leave with the firearm(s) and the 4473 is signed by the seller it cannot be used for anything else. So you have 30 days to come pick up your firearm(s) if you have to wait the 72 hours according to state law. Remember the person that filled out the 4473 has to be the one picking the firearms(s) up. The 4473 will have to be signed by the buyer and seller at the time of pick up.
Private party transfers: I can see being a problem. There is no way for me to know when your agreement (sale) actual took place since it would be easy for someone to write up a receipt and back date it. The problem occurs if you advertised the firearm in Uncle Henry's (the new law requires a background check to be conducted in this case) for example that information will be available if an investigation (trace on a firearm) takes place. If they ask when did you sell the gun(s)? Who did you sell it to? How did you sell it? When did you run the ad? When did you remove the ad? Do you have a written receipt? Did you record the email or text correspondence so there is a time and date associated with the sale? If you backwards date but the correspondence shows otherwise the state could start asking questions. I am sure Uncle Henry's has been instructed to back up all listings for furture investigations. I will accept a Maine compliant bill of sale. These can be found online. You can fill it out and you and the buyer can sign and date it. Then 72 hours later you can come in and do the transfer without the wait.
The above is my policy. Beaware of other dealers misinterpreting the law or pushing it beyond what is reasonable and can be proven in court if something does happen. Electronic / digital records are always the best. Voicemail and video recordings or Communications (such as email and text messages)