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2016 Maine Question 3
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Citizen-initiated referendum on gun background checks
Question 3: Citizen Initiative An Act To Require Background Checks for Gun Sales 366,770 394,157 771,708 File:2016 Maine Question 3 Results By County.svg County results
No
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Yes
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Maine Question 3, formally An Act to Require Background Checks for Gun Sales,Maine Citizen’s Guide to the Referendum Election 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.
Background
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.http://bangordailynews.com/2013/06/19/politics/maine-senate-passes-bill-that-promotes-background-checks-for-private-gun-sales/?ref=relatedBox Maine Legislature passes bill that promotes background checks for private gun sales The Bangor Daily News 19 June 2013http://bangordailynews.com/2013/05/30/politics/state-house/maine-senate-rejects-gun-show-background-check-bill/?ref=relatedBox Maine Senate rejects gun show background check bill The Bangor Daily News 30 May 2013
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.http://bangordailynews.com/2016/02/18/politics/gun-purchase-background-check-mandate-question-qualifies-for-maine-ballot/ Gun purchase background check mandate question qualifies for Maine ballot The Bangor Daily News 18 February 2016http://bangordailynews.com/2015/08/24/politics/group-aims-for-2016-maine-vote-on-gun-sales-background-checks/?ref=relatedBox Group aims for 2016 Maine vote on gun sales background checks The Bangor Daily News 24 August 2015
MMDA submitted the 84,600 signatures they gathered on January 19, 2016.https://thetippingpoint.bangordailynews.com/2016/01/19/state-politics/maine-gun-background-check-referendum-supporters-to-submit-signatures-today/ Maine gun background check referendum supporters to submit signatures today Mike Tipping 2016-02-20 2016-03-09 https://web.archive.org/web/20160309180158/http://thetippingpoint.bangordailynews.com/2016/01/19/state-politics/maine-gun-background-check-referendum-supporters-to-submit-signatures-today/ dead 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. 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?"http://stateandcapitol.bangordailynews.com/2016/06/23/maine-secretary-of-state-revises-wording-of-all-five-november-ballot-questions/ Maine secretary of state revises wording of all five November ballot questions Bangor Daily News June 23, 2016 June 23, 2016
Campaign
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. State Senator Eric Brakey criticized the effort as a back-door attempt to establish a gun registry.
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.http://bangordailynews.com/2016/05/14/news/bangor/campaign-to-close-gun-background-check-loophole-launched/ Campaign to close gun background check loophole launched The Bangor Daily News 14 May 2016
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.http://www.mpbn.net/post/gun-control-battle-rages-lepage-aims-shoot-down-maine-ballot-measure#stream/0 As Gun Control Battle Rages, LePage Aims to Shoot Down Maine Ballot Measure MPBN June 23, 2016
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.http://www.pressherald.com/2016/10/11/wardens-express-concern-about-gun-background-check-measure/ Wardens express concern about gun background check measure Portland Press Herald October 11, 2016
Notable endorsements
Supporters
Maine Moms Demand Action
Sean Geagan, chief, Bucksport Police Department
Bucky Owen, former commissioner, Department of Inland Fisheries and Wildlifehttp://georgesoutdoornews.bangordailynews.com/2016/01/19/legislative-news/sportsmen-step-up-to-support-extending-firearms-background-checks/ Sportsmen step up to support extending firearms background checks George's Outdoor News 19 January 2016
Bill Vail, former commissioner, Department of Inland Fisheries and Wildlife
Michael Gahagan, chief, Caribou Police Departmenthttp://bangordailynews.com/2015/10/22/opinion/background-checks-not-cure-all-but-theyll-make-maine-safer/ Background checks not cure-all, but they'll make Maine safer The Bangor Daily News 22 October 2015
Bangor Daily News http://bangordailynews.com/2016/09/14/opinion/editorials/background-checks-cant-work-if-40-percent-of-gun-sales-dont-require-them/ Background checks can't work if 40 percent of gun sales don't require them The Bangor Daily News September 14, 2016
Equality Mainehttp://equalitymaine.org/election2016 Election 2016 EqualityMaine 2016-10-04 https://web.archive.org/web/20161004163304/http://equalitymaine.org/election2016 2016-10-04 dead
Maine Chiefs of Police Associationhttp://www.wcsh6.com/news/politics/voice-of-the-voter/several-maine-sheriffs-oppose-background-checks-for-gun-sales/329255255 Several Maine Sheriffs' oppose background checks for gun sales WCSH-6 October 5, 2016July 2023 InternetArchiveBot yes
Ellsworth Americanhttp://www.ellsworthamerican.com/opinions/editorials/say-yes-background-checks/ Say "yes" to background checks 9 September 2016
Maine Women's Lobbyhttp://responsiblemaine.org/maine-womens-lobby-endorses-question-3-protect-victims-domestic-violence/ Maine Women's Lobby endorses Question 3 to protect victims of domestic violence 5 October 2016 Mainers for Responsible Gun Ownership 28 December 2022
MaineToday Media newspapers; Portland Press Herald, Kennebec Journal, Morning Sentinelhttp://www.pressherald.com/2016/10/09/our-view-vote-yes-on-question-3-to-close-maine-gun-sales-loophole/ Our View: Vote 'yes' on Question 3 to close Maine gun sales loophole 9 October 2016 Portland Press Herald https://web.archive.org/web/20161010043643/http://www.pressherald.com/2016/10/09/our-view-vote-yes-on-question-3-to-close-maine-gun-sales-loophole/ October 10, 2016 live
USA Todayhttps://www.usatoday.com/story/opinion/2016/10/11/guns-background-checks-elections-nov-8-editorials-debates/91871110/ Vote 'yes' on gun safety measures: Our view USA Today https://web.archive.org/web/20161012100009/https://www.usatoday.com/story/opinion/2016/10/11/guns-background-checks-elections-nov-8-editorials-debates/91871110/ October 12, 2016 live
The Times Record, newspaper of BrunswickTimes Record endorses Maine referandums September 2019 InternetArchiveBot yes
Opponents
Eric Brakey, Republican State Senator
Darrell Crandall, Aroostook County Sheriff
Barry Curtis, Washington County Sheriff
Donna Dennison, Knox County Sheriff
Wayne Gallant, Oxford County Sheriff
John Goggin, Piscataquis County Sheriff
Scott Kane, Hancock County Sheriff
William King, York County Sheriff
Dale Lancaster, Somerset County Sheriff
Paul LePage, Governor of Maine
Jeff McCabe, Majority Leader of the Maine House of Representativeshttp://bangordailynews.com/2016/07/31/opinion/contributors/i-have-a-problem-with-a-new-york-billionaire-intent-on-restricting-our-second-amendment-rights/ I have a problem with a New York billionaire intent on restricting our Second Amendment rights 31 July 2016
Troy Morton, Penobscot County Sheriff
Scott Nichols, Franklin County Sheriff
Eric Samson, Androscoggin County Sheriff
Jeffery Trafton, Waldo County Sheriff
Gun Owners of Mainehttps://gunownersofmaine.org/ Gun Owners of Maine - Home gunownersofmaine.org 28 December 2022
Sportsmen's Alliance of Maine
National Rifle Association Institute for Legislative Actionhttp://www.centralmaine.com/2016/08/24/nra-official-urges-mainers-to-reject-background-checks-on-gun-sales/ NRA official urges Mainers to reject background checks on gun sales 24 August 2016 https://web.archive.org/web/20160826170300/http://www.centralmaine.com/2016/08/24/nra-official-urges-mainers-to-reject-background-checks-on-gun-sales/ August 26, 2016 liveOctober 2023
Polling
Date of opinion pollConducted bySample size(likely voters)YesNoUndecidedMargin of Error October 20–25, 2016http://www.pressherald.com/2016/10/31/margins-of-support-shrink-for-3-of-the-6-maine-ballot-issues-poll-indicates/ Leads shrink for 4 of the 6 Maine ballot issues, poll indicates 31 October 2016 University of New Hampshire 761 52% 43% 5% ±3.6% September 15–20, 2016http://www.centralmaine.com/2016/09/27/most-mainers-favor-background-checks-on-gun-sales/ Most Mainers favor background checks on gun sales, poll shows 27 September 2016 University of New Hampshire 509 61% 33% 6% ±4.3%
Results
+Question 3 ResultsTabulations for Elections held in 2016 http://www.maine.gov/sos/cec/elec/results/results16-17.html#tally Bureau of Corporations, Elections & Commissions Maine Department of the Secretary of State 20 March 2018 26 January 2017 https://web.archive.org/web/20170126194830/http://www.maine.gov/sos/cec/elec/results/results16-17.html#tally dead County Yes Votes No VotesAndroscoggin43.6%2472656.3%31895Aroostook34.8%12,38665.1%23,117Cumberland64.4%112,53735.5%61,996Franklin33.9%5,74166.1%11,169Hancock46.3%15,13553.6%17,521Kennebec41.4%27,85958.5%39,389Knox52.5%12,37347.4%11,154Lincoln44.8%9,85155.1%12,097Oxford33.8%10,83566.1%21,165Penobscot38.4%31,44361.5%50,432Piscataquis26.8%2,52074.2%6,890Sagadahoc49.7%11,00250.2%11,109Somerset27.2%7,23372.7%19,282Waldo39.8%9,19360.2%13,915Washington32.1%5,37367.9%11,387York56.2%65,38543.8%51,019UOCAVA83.7%3,17816.3%620Total48.2%366,77051.8%394,157
References
External links
Mainers for Responsible Gun Ownership, supporters of the referendum
Sportsman's Alliance of Maine, a group opposed to the referendum
Category:United States firearms law
Category:2016 Maine ballot measures