2016 Maine Question 3

Question 3: Citizen Initiative

An Act To Require Background Checks for Gun Sales
Results
Choice Votes % Yes 366,770 48.20% No 394,157 51.80% Valid votes 760,927 98.60% Invalid or blank votes 10,781 1.40% Total votes 771,708 100.00%
Results by county No   70–80%   60–70%   50–60% Yes   60–70%   50–60%

Elections in Maine
Federal offices U.S. President 1820 1824 1828 1832 1836 1840 1844 1848 1852 1856 1860 1864 1868 1872 1876 1880 1884 1888 1892 1896 1900 1904 1908 1912 1916 1920 1924 1928 1932 1936 1940 1944 1948 1952 1956 1960 1964 1968 1972 1976 1980 1984 Dem 1988 1992 1996 2000 Dem 2004 Dem 2008 Dem Rep 2012 Rep 2016 Dem Rep 2020 Dem Rep 2024 Dem Rep U.S. Senate 1820 1821 1823 1823 1827 1829 sp 1835 1835 sp 1837 sp 1839 1840 1843 sp 1846 1848 sp 1851 1854 sp 1857 1857 sp 1859 1861 sp 1863 1865 sp 1869 1870 sp 1875 1877 1877 sp 1880 1881 1881 sp 1883 1887 1889 1893 1895 1899 1901 1905 1907 1911 1912 sp 1913 1916 1916 sp 1918 1922 1924 1926 sp 1928 1930 1934 1936 1940 1942 1946 1948 1952 1954 1958 1960 1964 1966 1970 1972 1976 1978 1982 1984 1988 1990 1994 1996 2000 2002 2006 2008 2012 2014 2018 2020 2024 U.S. House of Representatives 1820–1821 1822 sp 2nd 1823 1824–1825 1826–1827 1826 sp 5th 1827 sp 1st 1828–1830 1830 1833 1834 1836 1838 1840 1843 1844 1846 1848 1850 1852 1854 1856 1858 1860 1860 sp 5th 1862 1864 1866 1868 1870 1872 1874 1876 1878 1880 1881 sp 2nd 1882 1884 1886 1888 1890 1892 1894 1896 1897 sp 3rd 1898 1899 sp 1st 1899 sp 2nd 1900 1901 sp 4th 1902 1904 1906 1908 1908 sp 2nd 1908 sp 4th 1910 1912 1913 sp 3rd 1914 1916 1918 1920 1922 1924 1926 1928 1930 1932 1934 1936 1938 1940 1940 sp 2nd 1942 1944 1946 1948 1950 1951 sp 3rd 1952 1954 1956 1958 1960 1962 1964 1966 1968 1970 1972 1974 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024
State government Gubernatorial elections 1820 1821 1822 1823 1824 1825 1826 1827 1828 1829 1830 1831 1832 1833 1834 1835 1836 1837 1838 1839 1840 1841 1842 1843 1844 1845 1846 1847 1848 1849 1850 1852 1853 1854 1855 1856 1857 1858 1859 1860 1861 1862 1863 1864 1865 1866 1867 1868 1869 1870 1871 1872 1873 1874 1875 1876 1877 1878 1879 1880 1882 1884 1886 1888 1890 1892 1894 1896 1898 1900 1902 1904 1906 1908 1910 1912 1914 1916 1918 1920 1922 1924 1926 1928 1930 1932 1934 1936 1938 1940 1942 1944 1946 1948 1950 1952 1954 1956 1958 1960 1962 1966 1970 1974 1978 1982 1986 1990 1994 1998 2002 2006 2010 2014 2018 2022 State Senate elections 2016 2018 2020 2022 State House elections 2016 2018 2020 2022
Ballot measures People's vetoes 2009 Question 1 2011 Question 1 2018 Question 1 (Jun) 2020 Question 1 Citizen initiated referendums 2012 Question 1 2014 Question 1 2015 Question 1 2016 Question 1 Question 2 Question 3 Question 4 Question 5 2017 Question 1 Question 2 2018 Question 1 (Nov) 2021 Question 1 2023 Question 1 Constitutional amendments 2021 Question 3 Legislatively referred referendums 2024 Question 5
City of Portland Mayoral elections 2011 2015 2019 2023
v t e

Maine Question 3, formally An Act to Require Background Checks for Gun Sales,^[1] was a citizen-initiated referendum question that appeared on the Maine November 8, 2016 statewide ballot. It sought to require a background check for virtually all gun transfers in Maine, with some exceptions. As the Maine Legislature and Governor Paul LePage declined to enact the proposal as written, it appeared on the ballot along with elections for President of the United States, Maine's two United States House seats, the Maine Legislature, other statewide ballot questions, and various local elections.

The question was defeated, with 51.8% of voters opposed.

Efforts to expand background checks of gun buyers have not succeeded at the Maine State House. In 2013, an effort to create a civil penalty of someone not conducting a background check on a buyer later found to not be allowed to possess a gun passed the Maine Legislature, but was vetoed by Governor Paul LePage, a strong gun rights supporter. An outright requirement to conduct background checks on gun buyers in private sales failed to pass the Legislature that same year.^[2][3]

On August 24, 2015, the group Maine Moms Demand Action (MMDA) filed paperwork with the Maine Secretary of State's office to launch a petition drive to require virtually all gun sales to have a background check of the buyer conducted by a licensed gun dealer. The proposal includes exceptions for transfers between family members, temporary loans of firearms while hunting or sport shooting, an emergency need for self-defense, and other limited exceptions.^[4][5]

MMDA submitted the 84,600 signatures they gathered on January 19, 2016.^[4][6] The Secretary of State's office announced on February 18 that 65,821 signatures were validated, well over the 61,123 required to place a question on the ballot.^[4] The question will appear on the ballot as "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?"^[7]

Gun rights supporters criticized the proposal. The Sportsman's Alliance of Maine's executive director, David Trahan, stated that while background checks sound good in theory, they are difficult to implement and enforce, which is why there has been no national universal background check system. He also criticized the potential involvement of Michael Bloomberg and other out-of-state gun control groups spending large amounts of money in Maine.^[5] State Senator Eric Brakey criticized the effort as a back-door attempt to establish a gun registry.^[5]

Supporters officially launched their campaign on May 14, 2016, calling themselves Mainers for Responsible Gun Ownership. The group includes law enforcement officials, gun violence survivors, sportsmen, gun owners and gun violence prevention advocates. They state that background checks will close a loophole in existing gun laws which allow criminals, domestic abusers, and the mentally ill to obtain guns without a background check by not going to a licensed dealer. They also claim that states with expansive background checks experience lower rates of women being shot to death by their intimate partners, as well as lower rates of police officers being killed by handguns.^[5][8]

Governor Paul LePage, in expressing opposition to the referendum, called it unconstitutional. Referendum supporters cite a 2007 decision written by U.S. Supreme Court Justice Antonin Scalia stating that background checks are constitutional.^[9]

The Maine Warden Service, while not officially opposing the referendum, expressed concern that its passage "could make criminals out of responsible firearm owners" and that it would be difficult to enforce.^[10]

• Maine Moms Demand Action^[4]
• Sean Geagan, chief, Bucksport Police Department ^[5]
• Bucky Owen, former commissioner, Department of Inland Fisheries and Wildlife^[11]
• Bill Vail, former commissioner, Department of Inland Fisheries and Wildlife^[11]
• Michael Gahagan, chief, Caribou Police Department^[12]
• Bangor Daily News ^[13]
• Equality Maine^[14]
• Maine Chiefs of Police Association^[15]
• Ellsworth American^[16]
• Maine Women's Lobby^[17]
• MaineToday Media newspapers; Portland Press Herald, Kennebec Journal, Morning Sentinel^[18]
• USA Today^[19]
• The Times Record, newspaper of Brunswick^[20]

• Eric Brakey, Republican State Senator^[5]
• Darrell Crandall, Aroostook County Sheriff^[15]
• Barry Curtis, Washington County Sheriff^[15]
• Donna Dennison, Knox County Sheriff^[15]
• Wayne Gallant, Oxford County Sheriff^[15]
• John Goggin, Piscataquis County Sheriff^[15]
• Scott Kane, Hancock County Sheriff^[15]
• William King, York County Sheriff^[15]
• Dale Lancaster, Somerset County Sheriff^[15]
• Paul LePage, Governor of Maine^[9]
• Jeff McCabe, Majority Leader of the Maine House of Representatives^[21]
• Troy Morton, Penobscot County Sheriff^[15]
• Scott Nichols, Franklin County Sheriff^[15]
• Eric Samson, Androscoggin County Sheriff^[15]
• Jeffery Trafton, Waldo County Sheriff^[15]
• Gun Owners of Maine^[22]
• Sportsmen's Alliance of Maine^[5]
• National Rifle Association Institute for Legislative Action^[23]

• Mainers for Responsible Gun Ownership, supporters of the referendum
• Sportsman's Alliance of Maine, a group opposed to the referendum