An Act To Limit the Transfer of Handguns to Minors LR 1036(02)1 rA _
Maine Legislature, Session 121, LD 0404
Committee Amendment CA_A_S86 (Senate)
Amends: 17-A MRSA §554-B

COMMITTEE AMENDMENT 
Act To Limit the Transfer "A" to S.P. 141, L.D. 
of Handguns to Minors" 
404, Bill, "An 
Amend the bill in section 1 in subsection 2 in 
line (page 1, line 6 in L.D.) by striking out the 
"sections 
554-B 
and 
554-C" 
and 
inserting in its 
following: 'section 554-B' 
the first 
following: 
place 
the 
Further amend the bill by striking out all of section 2 and 
inserting in its place the following: 
'Sec.2. 17-A MRSA §554-B is enacted to read: 
§554-B. 
Unlawful transfer of handgun to minor 
1. 
As used in this section, the following terms have the 
following meanings. 
A. 
"Handgun" means a firearm that has a short stock and is 
designed to be held and fired by the use of a single hand, 
or any combination of parts from which a handgun can be 
assembled. 
B. 
"Minor" means a person under 18 years of age. 
C. 
"Transfer" means to sell, furnish, give, lend, deliver 
or otherwise provide, with or without consideration. 
Page l-LRI036(2) 
COMMITTEE AMENDMENT 
"'" 
<~(;.~:fJ1l 
COMMITTEE AMENDMENT ,A .. to S.P. 141, L.D. 404 
2. 
A person is guilty of unlawfully transferring a handgun 
to a minor if that person knowingly transfers a handgun to a 
person who the transferor knows or has reasonable cause to 
believe is a minor. 
3. 
This section does not apply to: 
A. 
A temporary transfer of a handgun to a minor: 
(1) 
With the prior written consent of the minor's 
parent or guardian and that parent or guardian is not 
prohibited 
by 
federal, 
state 
or 
local 
law 
from 
possessing a firearm; or 
(2) 
In the course of employment, 
target practice, 
hunting or instruction in the safe and lawful use of a 
handgun. 
The minor may transport an unloaded handgun in a locked 
container directly from the place of transfer to a 
place 
at 
which 
an 
activity 
described 
in 
this 
subparagraph is to take place and directly from the 
place at which such an activity took place to the 
transferor; 
B. 
A minor who is a member of the United States Armed 
Forces or the National Guard who possesses or is armed with 
a handgun in the line of duty; 
C. 
A 
transfer 
by 
inheritance 
of 
title 
to, 
but 
not 
possession of, a handgun to a minor; or 
D. 
The transfer of a handgun to a minor when the minor 
takes the handgun in self-defense or in defense of another 
person against an intruder into the residence of the minor 
or a residence in which the minor is an invited guest. 
4. 
The State may not permanently confiscate a handgun that 
is 
transferred 
to 
a 
minqr 
in 
circumstances 
in 
which 
the 
transferor is not in violation of this section and if the 
possession of the handgun by the minor subsequently becomes 
unlawful because of the conduct of the minor. 
When that handgun 
is 
no 
longer 
required 
by 
the 
State 
for 
the 
purposes 
of 
investigation or prosecution, the handgun must be returned to the 
lawful owner. 
5. 
The following penalties apply. 
A. 
A person who violates this section commits a Class D 
crime, except as provided in paragraph B. 
COMMITTEE AMENDMENT 
I 
COMMITTEE AMENDMENT .. 1. .. to S.P. 141, L.D. 404 
B. 
A person who violates this section and. at the time of 
the 
offense. 
has 
a 
prior 
conviction 
for 
unlawfully 
transferring a handgun to a minor commits a Class C crime. 
Section 
9-A governs 
the 
use 
of prior convictions 
when 
determining a sentence.' 
SUMMARY 
This amendment lowers the penalty for unlawful transfer of a 
handgun to a minor from a Class C crime in all cases to a Class D 
crime for the first offense and a Class C crime for a 2nd and all 
subsequent offenses. 
The amendment also makes technical changes 
to clarify that possession of a handgun by a minor is not covered 
within the bill's scope. 
Finally, the amendment deletes the 
portion 
of 
the bill 
regarding 
commercial 
firearms 
dealers. 
Licensed commercial firearms dealers currently are prohibited by 
federal law from transferring handguns to persons under 21 years 
of age. 
I-~CAL ;\OTE REQUIRED. 
(See attached)~ 
COMMITTEE AMENDMENT 
Approved: 04/27/03 ~ae 
Office of Fiscal and Program Review 
LD404 
An Act To Limit the Transfer of Handguns to Minors 
LR 1036(02)1 rA _ 
Fiscal Note for Bill as Amended by Committee Amendment tr'S-1>V1 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes Class C and D crimes; increases correctional and judicial costs 
LRI036(2) - Fiscal Note - Pap;e I of I