Maine Legislature addresses gun laws this week
State lawmakers are preparing for a round of hearings, debates and decisions on proposed changes to Maine's gun laws. More than 20 bills are set to go before the Legislature's Criminal Justice and Public Safety Committee this week, with half of those measures to go to public hearings in a few days. A few other bills will also go before the State and Local Government and Education and Cultural Affairs committees this month.
The bills in question look to address issues revolving around the use and possession of firearms in Maine. Many of the bills look to add restrictions, such as background checks at gun shows and private sales and capacity limits on ammunition clips. Others would loosen gun control by prohibiting the state from enforcing federal gun laws placing restrictions on firearms or ammunition.
Among the bills being addressed is a measure by local representative, Rep. Elizabeth Dickerson of Rockland. Dickerson's bill, LD 335, "An Act to Review Firearm Laws in the State," is a concept draft bill proposing the creation of a study group to review all existing firearm laws to determine their effectiveness and whether more can be done to protect citizens, particularly educators and children in school, from gun violence.
The following is a list of the bills, along with a brief description of each and their sponsors, issued by Senate Republicans on April 5. Full text of the following bills may be found by doing a search for each bill on the State of Maine Legislature website.
Monday, April 8
LD 267, "An Act Regarding the Sale of Firearms at Gun Shows" (Sen. Stan Gerzofsky, D-Cumberland)
- This bill requires that a national instant criminal background check be performed prior to the sale or transfer of a firearm at a gun show. The bill makes a gun show operator responsible for any failure to perform a required background check and subject to a fine of up to $10,000 for each such failure.
LD 380, "An Act to Clarify the Law Concerning the Threatening Display of Dangerous Weapons" (Rep. Andrew Gattine, D-Westbrook)
- This bill amends the law regarding threatening display or carrying of a dangerous weapon by clarifying that "display in a threatening manner" includes to display a dangerous or deadly weapon in a public place in a way that causes a reasonable person to suffer intimidation or alarm.
LD 997, "An Act to Establish Restrictions on Ammunition Feeding Devices" (Sen. President Justin Alfond, D-Cumberland)
- This bill makes the possession, transfer or importation of an ammunition feeding device for a firearm a Class D crime. An ammunition feeding device is a device such as a magazine, belt, drum or other device that has a capacity of more than 10 rounds of ammunition. There are a few exceptions to this provision.
LD 1183, "An Act to Prohibit the Enforcement of Federal Law Placing Restrictions on Firearms or Ammunition" (Rep. David Johnson, R-Eddington)
- This bill exempts from federal regulation firearms, firearm accessories and ammunition that are owned by residents of this State and kept exclusively in this State or that are made in this State and that remain in this State. This bill prohibits the enforcement of any federal act, law, statute, rule, regulation or order that attempts to restrict or prohibit the ownership of a semi-automatic firearm or a magazine or that requires the registration of a firearm, a firearm accessory or ammunition. A violation is a Class C crime, punishable by a minimum of one year in prison.
LD 1240, "An Act to Promote the Safe Use and Sale of Firearms" (Rep. Mark Dion, D-Portland)
- This bill regulates the safe use and sale of firearms and addresses such issues as IFW safety courses, lists of persons prohibited of possessing firearms, increases fines for providing false information, minimum age requirements for possessing firearms, and firearms dealers.
Tuesday, April 9
LD 265, "An Act to Repeal the Restriction on Employers Regarding Firearms Kept in an Employee's Vehicle" (Sen. Stan Gerzofsky, D-Cumberland)
- This bill repeals the law that prohibits an employer from prohibiting an employee who holds a permit to carry a concealed firearm from keeping a firearm in the employee's locked vehicle.
LD 771, "An Act to Amend the Laws Governing Reciprocity for Concealed Handguns Permits" (Rep. Timothy Marks, D-Pittston)
- This bill makes concealed handguns permit issued to a nonresident invalid outside the borders of the State and prohibits a reciprocity agreement with another state to allow the issuance of a concealed handguns permit to a nonresident by the State to serve as a basis for the issuance of a concealed handguns permit in the other state.
LD 1173 "An Act to Repeal the Law Allowing Concealed Weapons in State Parks with Certain Exceptions" (Sen. Stan Gerzofsky, D-Cumberland)
- This bill repeals the law that allows a person to whom a permit to carry a concealed firearm permit has been issued, either by this State or another state, to carry a concealed firearm in the buildings or parts of buildings and other public property that are under the jurisdiction of the Department of Agriculture, Conservation and Forestry, Division of Public Parks and Lands, including state parks and historic sites. It maintains a few exemptions in current law for certain law enforcement officials.
Wednesday, April 10
LD 335, "An Act to Review Firearm Laws in the State" (Rep. Elizabeth Dickerson, D-Rockland)
- This is a concept draft bill. This bill proposes to review all firearm laws through creation of a study group, directing a department to study or other means to determine if more could be done to protect citizens, particularly educators and children in school, from gun violence. The review should include, but not be limited to, the effectiveness of background checks and when they are or are not required; the accessibility of body armor, ammunition and other items collateral to firearm ownership; and the laws allowing possession of firearms by employees in their cars while at work and by people visiting state parks.
LD 724, "An Act to Require Firearms Used in the Commission of Certain Acts to Be Civilly Forfeited to the State and Destroyed" (Rep. Mark Dion, D-Portland)
- This bill requires the forfeiture and destruction of a firearm used in the commission of a crime that causes death or serious bodily injury by a person who then, either due to suicide or attempted suicide or the justifiable actions of a law enforcement officer, dies or becomes incompetent to stand trial. Current law distinguishes between a firearm and a handgun for certain situations, including allowing a handgun used in a murder to be returned to the rightful owner, as long as the owner was not the person who committed the crime. This bill removes the distinction, applying the forfeiture laws equally to all firearms.
LD 1182, "An Act Regarding the Disposition of Firearms in State Custody" (Rep. JeffreyTimberlake, R-Turner)
- This bill amends Maine law concerning the disposal of firearms and ammunition by the State and addresses such issues as the disposition of firearms and ammunition acquired by the State that are no longer needed or that are turned in; the transfer of forfeited firearms and ammunition by all law enforcement agencies to the State; and the holding firearm and ammunition auctions.
Thursday, April 11
LD 660, "An Act to Enhance Self-defense by Removing Restrictions on the Carrying and Use of Weapons" (Rep. Aaron Libby, R-Waterboro)
- This bill removes the prohibition on having a loaded firearm or crossbow in a motor vehicle for a person other than a holder of a concealed weapons permit; provides the exception that a person may shoot from a motor vehicle or motorboat in the defense of life or property; removes the prohibition on concealing a dangerous weapon; and removes exceptions to the law prohibiting the carrying of a concealed dangerous weapon.
LD 594, "An Act to Prohibit Possession of a Firearm by a Person Who Has Created a Police Standoff" (Rep. Ralph Chapman, D-Brooksville)
- This bill adds to the list of persons prohibited from possessing a firearm a person who has been adjudicated as creating a police standoff.
LD 958, "An Act to Establish a Database to Prevent Individuals Involuntarily Admitted or Committed to a Mental Health Institution from Being Issued Concealed Handgun Permits" (Rep. Timothy Marks, D-Pittston)
- This bill directs the Department of Public Safety, State Bureau of Identification to establish and maintain a database of individuals admitted or committed involuntarily to a mental health institution who present a substantial threat of physical harm to themselves or to others. The database may only be used for the purpose of issuing permits to carry concealed handguns.
LD 1053, "An Act Regarding a Retired Law Enforcement Officer Carrying a Concealed Handgun without a Permit" (Rep. Russell Black, R-Wilton)
- This bill amends the requirements for a retired law enforcement officer to carry a concealed handgun without a permit by adding that the retired law enforcement officer must have completed the firearms basic training course at the Maine Criminal Justice Academy or equivalent training requirements and removes the requirement for training within a year of possessing the handgun.
Friday, April 12
LD 188, "An Act to Criminalize Possession of a Suspended or Revoked Concealed Handgun Permit" (Rep. Timothy Marks, D-Pittston)
- This bill requires the holder of a revoked concealed handgun permit to immediately surrender that license to the issuing authority. It also prohibits a person from possessing a suspended or revoked concealed handgun permit and makes a violation a Class E crime.
LD 189, "An Act to Establish a Central Concealed Handgun Permit Database" (Rep. Timothy Marks, D-Pittston)
- This bill directs the Commissioner of Public Safety to establish an online concealed handgun permit database that is accessible by law enforcement, courts and bail commissioners for the purpose of tracking concealed handgun permits.
LD 191, "An Act to Authorize the Suspension of a Concealed Handgun Permit" (Rep. Timothy Marks, D-Pittston)
- This bill allows the issuing authority of a concealed handgun permit to suspend that permit if the issuing authority has reasonable cause to believe the permit holder's permit may be subject to revocation. It also provides the permit holder an opportunity for a hearing on the issuing authority's decision to suspend the permit.
LD 222, "An Act Designating the Chief of the State Police as the Only Issuing Authority of a Permit to Carry a Concealed Handgun" (Rep. Timothy Marks, D-Pittston)
- This bill makes the Chief of the State Police in the Department of Public Safety the sole issuing authority in the State for concealed weapons permits.
LD 223, "An Act to Amend the Laws Regarding a Concealed Handgun Permit" (Rep. Timothy Marks, D-Pittston)
- This bill changes the minimum age to obtain a permit to carry a concealed handgun from 18 years of age to 21 years of age.
LD 1022, "An Act to Improve Training Requirements for Obtaining a Concealed Handgun Permit" (Rep. Peter Johnson, R-Greenville)
- This bill amends the training requirements to obtain a permit to carry a concealed handgun by requiring an applicant to demonstrate possession of defensive handgun skills, including the safe operating of a handgun and demonstrating firing 50 rounds of ammunition with a handgun, and a knowledge of the applicable provisions of the criminal laws of the State.
State and Local Government Committee - Monday, April 8
LD 1122, "An Act Allowing Municipalities to Enact Firearms Policies in Local Government Buildings" (Rep. Matthew Moonen, D-Portland)
- This bill provides a municipal legislative body with the authority to adopt an ordinance that restricts the carrying of firearms in the municipality's essential municipal offices and places of legislative assembly just as the State imposes those restrictions in its capitol area. It requires a municipality, if the legislative body of that municipality adopts an ordinance that restricts the carrying of firearms in that municipality's essential municipal offices or places of legislative assembly, to post in a prominent location outside the affected offices and places a notice of the existence of that restriction.
Education and Cultural Affairs Committee - Thursday, April 18
LD 529, "Resolve, Directing the Department of Education to Develop Safety Standards for School Access" (Rep. Lance Harvell, R-Farmington)
- This resolve directs the Department of Education to develop safety standards for entryways in existing and new school construction and report these standards to the Joint Standing Committee on Education and Cultural Affairs by January 1, 2014.
LD 905, "Resolve, Directing the Department of Education to Develop School Building Security Plans" (Rep. Sheryl Briggs, D-Mexico)
- This resolve directs the Department of Education to develop a plan that makes recommendations to school administrative units for security measures that can be taken to improve the security of school buildings and instructional information that can be given to administrators, teachers, students, parents and community leaders concerning proper procedures and measures to take in response to and preparation for an emergency or natural disaster.
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