Last Updated: Sep 11, 2026
Maine's gun laws changed significantly after the Lewiston mass shooting in October 2023 — the deadliest in Maine's history. In response, Maine passed two major laws: L.D. 2224, which requires background checks for firearm sales advertised online or in print, and L.D. 2238, which created a 72-hour waiting period between a firearm sale agreement and delivery. A federal judge blocked the waiting period in early 2025, but the First Circuit Court of Appeals reversed that ruling in 2026, and the 72-hour requirement is back in effect as of April 24, 2026. If you found this gun through an online listing, forum post, or any public advertisement, the sale must go through an FFL dealer for a background check. If the sale came through a private conversation with someone you know, no background check is required — but the 72-hour wait before delivery still applies to virtually all sales, with narrow exceptions for family members, law enforcement, antiques, and licensed collectors. This Bill of Sale documents how the sale was arranged and when the agreement was made — your record of compliance either way.
Maine's Rules Are Above — The Form Stays the Same
The advertised-sale background check, the 72-hour wait, and Maine's Yellow Flag system above are specific to this state and still evolving through litigation. Filling out and signing the actual Bill of Sale works the same basic way everywhere.
See our nationwide Step-by-Step Firearm Bill of Sale Guide for that walkthrough.
📋 Maine Legal Essentials for Private Sellers
1. The Background Check Rule Only Applies to Gun Shows and Advertised Sales
Under 15 M.R.S. § 394, selling or transferring a firearm to a prohibited person without a background check is only a specific criminal offense when the sale happens at a gun show or results from an advertisement. A purely private sale — arranged through personal conversation, not a public listing — falls outside this specific provision, though federal prohibited-person law still applies regardless.
⚠️ Don't assume posting in a private group chat or word-of-mouth network keeps you fully outside this rule — if the arrangement resembles a public advertisement, courts may treat it as one.
2. The 72-Hour Wait Has a History of Being Turned On and Off
Maine's 72-hour waiting period (L.D. 2238) was blocked by a federal judge in February 2025, then reinstated by the First Circuit Court of Appeals in 2026. Given this back-and-forth, sellers should verify the law's current status before relying on it — legislative repeal efforts and further litigation remain active as of 2026.
⚠️ Don't assume this law's status today will be the same next month — Maine's waiting period has already flipped once due to litigation, and further changes are possible.
3. Family Transfers Are Exempt From Both Major 2024 Laws
Both the advertised-sale background check requirement (15 M.R.S. § 394) and the 72-hour waiting period (L.D. 2238) exempt transfers between family members. This means a sale to a parent, child, or sibling avoids both new requirements — even if it would otherwise qualify as an advertised sale.
⚠️ Don't assume the family exemption covers extended relatives like cousins or in-laws without checking the statute's specific definition — 'family member' has a defined legal meaning that may be narrower than you expect.
4. Recklessly Selling to a Prohibited Person Is a Class C Crime
Maine law makes it a Class C crime — punishable by up to 5 years in prison and a $5,000 fine — to recklessly sell or transfer a firearm to someone prohibited from possessing one, whether under state or federal law. Unlike some states' 'knowing' standard, Maine's law can apply even if you didn't have actual knowledge, if a reasonable person would have recognized the risk.
⚠️ Don't assume you're safe just because you didn't 'know for sure' the buyer was prohibited — Maine's reckless standard can still apply if you ignored obvious warning signs.
5. Maine's Yellow Flag Law Works Differently From Other States' Red Flag Laws
Unlike a typical Extreme Risk Protection Order system, Maine requires law enforcement to first take a person into protective custody and obtain a medical practitioner's evaluation before a court can order firearms surrendered — family members cannot petition a court directly. L.D. 2224 lowered the threshold for taking someone into that protective custody in the first place.
⚠️ Don't assume Maine works like other states' Red Flag laws where family can go straight to court — Maine's Yellow Flag process specifically requires law enforcement and medical involvement first.
This information reflects publicly available Maine statutes and enforcement practices. Maine's waiting period law remains subject to ongoing litigation and possible legislative repeal — always verify the latest rules and consult a qualified attorney.
📄 Pine Tree State Form Blueprint Preview:
Maine Firearm Transfer FAQ
Is a background check required for private sales in Maine?
It depends on how the sale was arranged. Maine's L.D. 2224, enacted April 26, 2024, requires background checks through an FFL dealer for any private sale that resulted from a public advertisement — including online listings, forums, and social media. If the sale came about through a purely private conversation with no public advertisement involved, no background check is required. Source: L.D. 2224
Is the 72-hour waiting period currently in effect in Maine?
Yes. Maine's 72-hour waiting period (L.D. 2238) requires that a seller not deliver a firearm sooner than 72 hours after the sale agreement is made. A federal judge blocked the law in February 2025, but the First Circuit Court of Appeals reversed that ruling, and the waiting period took effect again on April 24, 2026. This applies to virtually all sales, private or dealer, with exceptions for family members, law enforcement, antiques, and licensed collectors. Violating sellers face fines of $200-$1,000. Given the law's history of litigation, verify its current status before relying on it. Source: L.D. 2238
What changed after the Lewiston shooting in 2023?
The October 2023 Lewiston mass shooting prompted the legislature to pass L.D. 2224 (background checks for advertised sales) and L.D. 2238 (the 72-hour waiting period). These laws specifically targeted advertised private transfers and delivery timing rather than universal background checks, which Maine voters had previously rejected in a 2016 ballot initiative.
What is the minimum age for private gun sales in Maine?
The minimum age to purchase any firearm in a private sale in Maine is 18. Maine specifically prohibits knowingly transferring a handgun to anyone under 18. Note that 21 is the minimum age for Constitutional Carry without a permit, but not for the legal purchase of a firearm.
Does Maine have a Red Flag law?
Not exactly. Maine has a unique 'Yellow Flag' law instead of a typical Extreme Risk Protection Order (ERPO). Rather than letting family members petition a court directly, Maine requires law enforcement to first take the person into protective custody and obtain a medical practitioner's evaluation before a court can order firearms temporarily surrendered. L.D. 2224 lowered the threshold for taking someone into protective custody under this system. Always ask the buyer to certify on the Bill of Sale that they are not currently subject to a Yellow Flag order.
Is Maine gun-friendly compared to other Northeast states?
Significantly more so. Maine has been a Constitutional Carry state since 2015. Under Article I, Section 16 of the Maine Constitution, the right to bear arms 'shall never be questioned.' Maine has no assault weapons ban and no magazine capacity limits. Source: Maine Constitution, Article I
Does Maine have a gun registry?
No. Maine law does not maintain any registry of firearm transfers or ownership. Maine also has statewide preemption, which limits municipalities from adopting their own firearm registration or sale ordinances. Source: 25 M.R.S. § 2011
Can I sell to a resident of New Hampshire or another state?
No. Federal law prohibits private person-to-person firearm transfers across state lines. If the buyer is not a Maine resident, the transaction must go through an FFL dealer in the buyer's home state. International transfers, including to Canada, are a federal and international felony.
Related Forms & Regional Compliance:
Maine is a pro-gun stronghold in the Northeast, but it is geographically isolated. Its only US neighbor, New Hampshire, shares Maine's permissive stance, but federal law strictly prohibits hand-to-hand private sales between residents of different states. If your buyer is from New Hampshire or Massachusetts, the firearm must be shipped to an FFL in their home state. Be extremely cautious of Maine's international border with Canada, where private firearm transfers are a severe federal and international felony.