An Act To Eliminate the Concealed Weapons Permit
Maine Legislature, Session 121, LD 1125
Committee: Criminal Justice and Public Safety
Sponsors: CRESSEY
Amends: 12 MRSA §7406, 15 MRSA §393, 17-A MRSA §1057, 26 MRSA §595, 30-A MRSA §2801, 32 MRSA §8120-A, 32 MRSA §9412

12lst MAINE LEGISLATURE 
Legislative Document 
No.Il2S 
H.P.828 
House of Representatives, March 4,2003 
An Act To Eliminate the Concealed Weapons Permit 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative CRESSEY of Baldwin. 
Printed on recycled paper 
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/J7·711dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §7406, sub-§7, as amended by PL 1999, c. 219, 
§1, is further amended to read: 
1. 
Shooting from or over a public paved way. 
A person is 
guilty of hunting from or over a public paved way if that person 
shoots at any wild animal or wild bird from any public paved way 
or within 10 feet of the edge of the pavement of the public paved 
way or from within the right-of-way of any controlled access 
highway 
or discharges 
any 
firearm over 
a 
public paved way. 
Nothing in this subsection prohibits a person wbe--has---a--v-alia 
pe~mi,~-~e-~~~~~~a~-weapeB from possessing sQeb a weapon 
on or near a public paved way as long as it is not used for 
shooting at wild animals or wild birds or discharged in violation 
of this subsection. 
Sec. 2. 15 MRSA §393, sub-§2, as amended by PL 1993, c . 368, 
§3, is further amended to read: 
2. 
Application after 5 years. 
A person subject to the 
provisions of subsection 1 may, after the expiration of 5 years 
from the date that the person is finally discharged from the 
sentences imposed as a result of the conviction or adjudication, 
apply to the Commissioner of Public Safety for a permit to carry 
a firearm. 
That person may not ae--i-&&U&d--a--pe-r-m-*-te carry a 
concealed firearm PQ~sQaB~-~e-~i,tle-69T-ebap~e~-696. 
Sec. 3. 17-A MRSA §1057, sub-§3, as enacted by PL 1989, c. 
917, §2, is amended to read: 
3. 
It is not a defense to a prosecution under subsection 1 
that the person holds 
a permit to carry a 
concealed firearm 
issued under Title 25, former chapter 252. 
Sec. 4. 17-A MRSA §1057, sub-§5, as amended by PL 1995, c. 65, 
Pt. A, 
§57 and affected by §153 
and Pt. 
C, 
§15, is further 
amended to read: 
5. 
For purposes of this section, "under the influence of 
intoxicating liquor or drugs or a combination of liquor and drugs 
or with an excessive blood-alcohol level" has the same meaning as 
"under the influence of intoxicants" as defined in Title 29-A, 
section 2401, 
subsection 13. 
"Excessive blood-alcohol level" 
means 
0.08% 
or 
more 
by 
weight 
of 
alcohol 
in 
the 
blood. 
Standards, tests and procedures applicable in determining whether 
a person is under the influence or has an excessive blood-alcohol 
level within the meaning of this section are those applicable 
pursuant to Title 29-A, 
sections 2411 and 2431t-eK~~-~~&-tbe 
SQSpeBsi,eB--ef--~--~~~-~~-~~~-~~~--~i~ea~m&--i,ssQea 
.. 
~~~s~aBs-~~-~4~~~-b~r-~~--~e~7-~~-~--SRe-~~~it~-~--a 
~~iyase--4~¥e6~4~a~e~--~4~~~-~~-~~~-~--e9Beea~ea--Ei~ea~ffi 
~~~s~aBs--~9--~~~~--~~r-~~--~,--~~-~--p£e¥4QeQ--4B--sRese 
eRa~se~s. 
Sec. 5. 25 MRSA c. 252, as amended, is repealed. 
Sec. 6. 26 MRSA §595, sub-§5, llA, as enacted by PL 1987, c. 
558, §1, is repealed. 
Sec. 7. 30-A MRSA §2801, sub-§3-A, as enacted by PL 1987, c. 
737, Pt. A, §2 and Pt. C, §106 and as amended by PL 1989, c. 6, 
c. 9, §2, c. 104, Pt. C, §§8 and 10, is repealed. 
Sec. 8. 32 MRSA §8120-A, as enacted by PL 1997, c. 360, §5, 
is repealed. 
Sec. 9. 32 MRSA §9412, sub-§5, as enacted by PL 1987, c. 170, 
§18, is amended to read: 
5. 
Dangerous weapons at labor disputes and strikes. It is a 
Class D crime for any person, including, but not limited to, 
security guards 
and persons 
involved in a 
labor dispute or 
strike, to be armed with a dangerous weapon, as defined in Title 
17-A, section 2, subsection 9, at the site of a labor dispute or 
strike. 
A-~~-a9~ai~-~-¥a~1G-~~m4~-~~-€a~ty-~-eeBeea±ee 
Ei~ea~ffi-46-~-~-~~-~ai&-S~BSeesieBT A security guard is 
exempt from this subsection to the extent that federal laws, 
rules or regulations require the security guard to be armed with 
a dangerous weapon at the site of a labor dispute or strike. 
Sec. 10. Intent of the Legislature. 
By repealing the provisions 
of law requiring permits for persons to carry concealed weapons, 
the Legislature does 
not intend to override in any way the 
provisions of the Maine Revised Statutes, Title 15, section 393 
or the order of any court of competent jurisdiction. 
SUMMARY 
This bill repeals the chapter that requires permits to carry 
concealed 
weapons 
in 
this 
State. 
The 
bill 
also 
clearly 
articulates that it is not the intent of the Legislature to 
override the Maine Revised Statutes, Title 15, section 393, which 
prohibits firearm possession by persons convicted of certain 
violent crimes or under court order because of certain violent 
behaviors.