Maine Legislature, Session 122, LD 1938
Committee Amendment CA_A-SA_B_S596 (Senate)
Amends: 19-A MRSA §4005, 19-A MRSA §4012

SENATE 
AMENDMENT "f3 " 
739, 
L.D. 
1938, Bill, "An 
Violence" 
to COMMITTEE 
AMENDMENT 
"A" to S . P. 
Act To Protect Victims of Domestic 
Amend 
the 
amendment 
by 
inserting before 
section 
the 
following: 
'Sec. 1. 14 MRS A §8104-A, sub-§5 is enacted to read: 
5. 
Firearm 
seized 
pursuant 
to 
protection 
from 
abuse 
proceeding. 
A law enforcement agency seizing, confiscating or 
recelvlng 
a 
firearm 
pursuant 
to 
Title 
19-A, 
section 
4006, 
subsection 2-A or section 4007, sulLsection 1, paragraph A-I is 
liable for any loss, damage or reduction in value of that firearm 
due 
to the lack of reasonable care by that law enforcement 
agency. 
For the purposes of this subsection, "firearm" has the 
same meaning as in Title 17 -A, section 2, subsection 12 -A and 
includes a scope, sight, bipod, sling, light, magazine, 
clip, 
ammunition or other firearm accessory attached to or seized, 
confiscated or relinquished with a firearm. 
Sec. 2. 19-A MRSA §4005, sub-§6 is enacted to read: 
6. 
Bad faith remedy. 
If the court finds that a plaintiff 
has 
commenced in bad faith a 
proceeding alleging abuse, 
the 
court, notwithstanding any law to the contrary, shall direct the 
individual to pay the defendant actual damages and reasonable 
attorney's fees. 
A failure to prove by a preponderance of the 
evidence an allegation of abuse does not, in itself, constitute 
bad faith for purposes of this subsection.' 
Page l-LR2571(8) 
SENATE AMENDMENT 
SENATE 
AMENDMENT "13" to COMMITTEE 
AMENDMENT "A" to S. P. 
739, 
L.D. 1938 
Further amend the amendment by inserting after section 2 the 
following: 
. Sec. 3. 19-A MRSA §4012, sub-§l1 is enacted to read: 
11. 
Receipt of 
firearms; 
procedure; 
liability. 
A 
law 
enforcement agency seizing, confiscating or 
rece~v~ng a firearm 
I?ursuant to section 4006, subsection 2-A or 4007, subsection 1. 
I?aragral?h A-I shall provide the owner of that firearm with a 
signed and dated receil?t. 
The receipt must include the serial 
number of the firearm. the condition of the firearm and any other 
firearm accessories seized, 
confiscated or received with the 
firearm. 
The law enforcement agency may not engrave or permanently mark in 
any manner the firearm. 
Unless reasonable suspicion exists to 
believe that a particular firearm has been used in the commission 
of a crime, the firearm may not be test fired. 
A law enforcement agency 
se~z~ng. confiscating or receiving a 
firearm pursuant to section 4006, subsection 2-A or section 4007, 
subsection 1. paragraph A-I is liable for damage to the firearm 
that results in a reduction in value of the firearm. including, 
without limitation. engraving. permanently marking or test firing 
the firearm.' 
Further amend 
any 
nonconsecutive 
consecutively. 
the amendment by 
Part 
letter 
or 
SUMMARY 
This amendment does the following: 
relettering or renumbering 
section 
number 
to 
read 
1. 
It amends the provis ion of law granting immunity from 
civil suit to governmental entities to hold a 
law enforcement 
agency liable for damage or loss of firearms seized, confiscated 
or received by that law enforcement agency pursuant to an order 
of the court in a protection from abuse proceeding; 
2. 
It requires 
protection from abuse 
a 
court 
order in 
to 
order 
bad faith 
reasonable attorney's fees to the defendant; 
a 
person 
seeking 
a 
to pay damages 
and 
3. 
It 
requires 
a 
law 
enforcement 
agency 
seizing, 
confiscating or 
rece~v~ng a firearm pursuant to an order of a 
court in a protection from abuse proceeding to provide the owner 
SENATE AMENDMENT 
SENATE 
AMENDMENT "g It to COMMITTEE 
AMENDMENT 
It A It 
to S. P . 
739, 
L.D. 1938 
of 
the 
firearm with 
a 
signed and dated receipt, 
which 
must 
include the serial number and condition of the firearm and any 
firearm accessories obtained with the firearm; and 
4. 
It 
prohibits 
a 
law 
enforcement 
agency 
seizing, 
confiscating or receiving a firearm pursuant to an order of a 
court in 
a 
protection 
from 
abuse 
proceeding 
from 
engraving, 
permanently marking or, 
unless 
reasonable suspicion exists to 
believe the firearm was used in the commission of a crime, test 
firing the firearm. 
A law enforcement agency that violates this 
prohibition is liable for any reduction in value of the firearm. 
SPONSORED BY, fl ~ 
~ 
(Senator S~~LO) 
COUNTY: 
Androscoggin 
SENATE AMENDMENT