An Act To Limit the Transfer of Handguns to Minors
Maine Legislature, Session 121, LD 0404
Committee: Criminal Justice and Public Safety
Sponsors: EDMONDS, GERZOFSKY, DOUGLASS, PENDLETON, ROTUNDO, STRIMLING, BLANCHETTE, HUTTON, PARADIS, PINGREE
Amends: 17-A MRSA §554-A

Legislative Document 
No. 404 
S.P. 141 
In Senate, January 30,2003 
An Act To Limit the Transfer of Handguns to Minors 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Senator EDMONDS of Cumberland. 
Cosponsored by Representative GERZOFSKY of Brunswick and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: DOUGLASS of Androscoggin, PENDLETON of Cumberland, ROTUNDO of 
Androscoggin, STRIMLING of Cumberland, Representatives: BLANCHETTE of Bangor, 
HUTTON of Bowdoinham, PARADIS of Frenchville, PINGREE of North Haven. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRSA §554-A. sub-§2, as enacted by PL 1995, c. 
263, §3, is amended to read: 
2. 
A Except as provided in sections 554-8 and 554-C, 
a 
person is guilty of unlawfully transferring a firearm to a minor 
if that person, who is not the parent, foster parent or guardian 
of the minor, knowingly transfers a firearm to a minor. 
Sec. 2. 17-A MRSA §§554-B and 554-C are 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. 
8. 
"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. 
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 if the 
handgun is possessed and used by the 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 
Page l-LRl036(1) 
place at which such an activity took place to the 
transferor; 
B. 
A minor who is a 
member of the Armed Forces of the 
Unites States 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 
PQssessiQn 
Qf 
a 
hanggun 
;Qy 
a 
minQr 
taken 
in 
self-ggfgnse or in defense of anQther perQon against an 
intruder into the residence Qf the minQr or g 
r~sidence in 
which the minor i Q gn invited gu~st. 
4. 
The Stgte may not permanently confiscate g hgndgun that 
is 
transferrgg 
to 
a 
minor 
in 
circumQtgnces 
in 
which 
the 
transferor 
i Q not 
in violation of this 
sectiQn 
ang if the 
possession of the 
handgun by 
the 
minQr 
Qubsequently 
becomes 
unlgwful because of the cQnduct of the minQr. 
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. 
Unlgwful trgnsfer of a hgndgun tQ a minQr i Q g Class C 
crime. 
§554-C. 
Unlawful sale or delivery of handgun to minor by 
commercial dealers 
1. 
As used in this section, the following terms have the 
following meanings. 
A. 
"Hgndgun" megns a firearm thgt has a short stock and is 
designed to be held and fired by the use of a single hand, 
Qr any combination of parts frQm which a hgndgun can be 
assembled. 
B. 
"LicgnQee" 
means 
a 
licensed 
importer, 
manufacturer, 
gealer or collector who is licensed under 18 United States 
Coge, Chapter 44, Section 921, et seq. 
C. 
"Minor" means a person under 21 years of age. 
2. 
A licensee is guilty of unlawfully selling or delivering 
a hanggun to a minor if that licensee knowingly sells or delivers 
g hgnggun to a person who the licensee knows or has reasonable 
cause to believe is a minor. 
3. 
Unlawful sale or delivery of a handgun to a minor is a 
Class C Crime. 
SUMMARY 
This bill amends Maine law to be consistent with federal law 
governing the transfer of handguns to minors. 
Specifically, the 
bill follows the 2-tiered approach of federal law: 
individuals 
may not transfer handguns to those under 18 years of age and 
federally licensed commercial dealers may not sell handguns to 
those under 21 years of age. 
The bill provides that unlawful 
transfers or sales to minors are Class C felonies.