Background Check Veto Upheld In Maine

The Maine State Legislature passed a universal background checks bill on June 19th in what was considered a surprise vote. The bill had been defeated twice before in the State Senate.

In a surprise vote Wednesday, the Maine Senate passed a bill that creates civil penalties for those who sell guns in private sales to people who are prohibited from having them.

The legislation imposes a civil fine of $500 if a gun seller does not perform a background check and the buyer is later discovered to be a prohibited person.

The bill, LD 1240, was first watered down by the Senate, but on Tuesday, the House of Representatives sent the original measure back to the Senate. The Senate approved the bill on a 18-17 vote, with two rural Democrats joining Republicans in the minority on the measure.

Fortunately for Maine gun owners, Gov. Paul LePage (R-ME) was true to his word and vetoed the bill. He said the bill only impacted honest gun owners and for that reason he vetoed the bill.

Yesterday, the Maine State House voted to uphold the governor’s veto in a 77-71 vote. The gun prohibitionists in the State House are now threatening to go to a referendum to pass the measure and cite the misleading poll number from an anti-gun push poll.

The background-check bill, L.D. 1240, sponsored by Rep. Mark Dion, D-Portland, would have created a civil violation for selling a gun to a person prohibited from owning a gun, such as a convicted felon.


It originally was a sweeping bill that would have mandated background checks before all gun purchases. His bill passed narrowly in the Legislature earlier this month, and the House upheld the veto in a 77-71 vote on Wednesday.


In his veto message, LePage said the bill was focused “on those who would choose to obey the law, and for that reason I believe it misses the target.”


“This is an issue that may need to go straight to our citizens,” Dion said in a statement after the vote. “The governor described my bill as ‘well-meaning,’ but public policy requires more than intentions, it requires action.”


Dion was referring to a potential referendum on the matter: J. Thomas Franklin, president of Maine Citizens Against Handgun Violence, a pro-gun control group, said last week that it is considering bringing a citizens’ initiative to ask Maine voters to decide on mandatory background checks in 2014.

Searching the Maine register of lobbyists, I cannot find any that represent Mayor Bloomberg’s Illegal Mayors nor any that represent other gun prohibitionist group. I am going to assume that Bloomberg didn’t employ his full court press like he did in Colorado and Nevada.

Still that a state like Maine with a long tradition of protecting gun rights would have even considered such a bill – much less passed one – is disappointing. Maine, like the rest of northern New England, is changing and, in my opinion, not for the better.

Obama Urged By Advisors To Veto Appropriations Bill

The Executive Office of the President released a statement yesterday regarding the House passage of the FY2013 appropriations bill for the Departments of Commerce and Justice as well as for science and related agencies. They are accusing the House of Representatives of violating the “bipartisan agreement to put the Nation on a sustainable fiscal course in enacting the Budget Control Act of 2011 (BCA).” They go on to say that the President’s senior advisors would be urging him to veto this bill.

From a taxpayer’s perspective this is rich given that the appropriations bill is below the level that Obama requested. The administration is accusing Republicans of making spending cuts that would mean cuts in services elsewhere in the budget.

However, what is much more interesting is their strong opposition to the budget rider proposed by Rep. Denny Rehberg (R-MT) which would cut the ATF’s funding for the multiple semi-auto firearm reporting requirement in the Southwest.

Prohibition on Multiple Sales of Rifles Reporting Requirement. Preventing the Bureau of Alcohol, Tobacco, Firearms and Explosives from requiring licensed firearms dealers in four border States to report information on the sale of multiple rifles or shotguns to the same person would hamper efforts to address the problem of illegal gun trafficking along the Southwest Border and in Mexico.

This reporting requirement is of dubious legality and even more dubious utility in stopping firearms trafficking to the narco-terrorists in Mexico. That the Obama Administration would single it out for special mention speaks to their true intentions regarding firearms.

UPDATE: Bob Owen is reporting that even with the cut to the multiple rifle reporting requirement, ATF will be getting a $1 million increase in its budget over the previous fiscal year. Rep. Trey Gowdy (R-SC) has offered an amendment to the appropriations bill that would remove that same $1 million from the DOJ’s General Administration budget. This is the part of the budget that supports the AG’s office. Gowdy said he proposed doing this due to their stonewalling over Project Gunwalker. (corrected)

UPDATE II: The NRA-ILA released a statement urging members to contact their member of Congress regarding the Rehberg Amendment and the need to keep it in the appropriations bill.

It comes as no surprise that the Obama Administration put out a Statement of Administration Policy saying that President Obama’s senior advisors would recommend that he veto H.R. 5326 (FY2013 Commerce, Justice, Science Appropriations bill)…

Apparently, one of the reasons the President would veto H.R. 5326 is because of a NRA-backed general provision preventing funding for the new and unauthorized multiple sales reporting and registration plan proposed by the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE). On Thursday, April 26, the U.S. House of Representatives Committee on Appropriations approved this general provision offered by Congressman Rehberg (R-Mont.), by a vote of 30-19.

Without this funding restriction, the BATFE could continue to circumvent the will of Congress by collecting information on multiple-sales of long guns by Executive Branch mandate and then, centralizing records of thousands of Americans’ gun purchases, without any legal authority.