An Act To Extend the Ban on Assault Weapons
Maine Legislature, Session 122, LD 1579
Committee: Criminal Justice and Public Safety
Sponsors: STRIMLING, BLANCHETTE, BRENNAN, CHURCHILL, DAVIS, GERZOFSKY, GROSE, LERMAN, PARADIS
Amends: 17-A MRSA §1058

Legislative Document 
No. 1579 
S.P.561 
In Senate, April 26, 2005 
An Act To Extend the Ban on Assault Weapons 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Senator STRIMLING of Cumberland. 
JOY J. O'BRIEN 
Secretary of the Senate 
,. 
Cosponsored by Representative BLANCHETTE of Bangor and 
Senator: BRENNAN of Cumberland, Representatives: CHURCHILL of Wash bum, DAVIS of 
Augusta, GERZOFSKY of Brunswick, GROSE of Woolwich, LERMAN of Augusta, 
PARADIS of Frenchville. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRSA §1058 is enacted to read: 
Sl058. 
Manufacture, transfer or po~~ssion of assault weapon or 
.50 caliber rifle or ammunition 
1. 
A 
person 
is 
guilty 
of 
manufacture, 
transfer 
or 
possession of an assault weapon, 
a 
.50 caliber rifle or 
.50 
caliber ammunition if. without authority to do so, the person 
knowingly manufactures or causes to be manufactured, 
knowingly 
transfers or knowingly possesses an assault weapon, a .50 caliber 
rifle or .50 caliber ammunition. 
2. 
As used in this section, unless the context otherwise 
indicates, the following terms have the following meanings. 
A. 
"Antique firearm" means any firearm manufactured prior 
to January I. 1899. 
B. 
"Assault weapon" means: 
(1) 
The following specified rifles: 
(a) All AK series. including. but not limited to, 
the models identified as follows: 
(i) Made in China AK. 
AKM. AKS. AK47, AK47S, 
56. 56S. 848 and 86Sj 
(ii) Norinco 56. 568, 848 and 868: 
(iii) Poly Technologies AKS and AK47j 
(iv) MAADI AK47 and ARMj 
(v) UZI and Galilj 
(vi) Beretta AR-70j 
(vii) CETME 8porter: 
(viii) Colt AR-15 series: 
(ix) Daewoo K-l, K-2, Max 
1, Max 2. AR 100 
and ARllO Cj 
(x) 
Fabrique Nationale 
FAL, 
LAR, 
FNC. 
Match and Sporterj 
Page l-LR0020(1) 
• 
• 
• 
• 
... 
(xi) MAS 223; and 
(xii) HK-9l. HK-93. HK-94 and HK-PSG-l: 
(b) 
The following MAC 
types. including. but not 
limited to: 
(i) RPB Industries. Inc. sMlO and sMll: 
(ii) SWD Incorporated MIl; 
(iii) SKS with detachable magazine: 
(iv) SIG AMT. PE-57. SG 550 and SG 551: 
(v) Springfield Armory BM59 and SAR-48; 
(vi) Sterling MK-6; 
(vii) Steyer AUGj 
(viii) Valmet M62S. M7lS and M78Sj 
(ix) Armalite AR-180j 
(x) Bushmaster Assault Riflej 
(xi) Calico M-900: 
(xii) J&R ENG M-68j and 
(xiii) Weaver Arms Nighthawk: 
The following specified pistols. including. but 
not limited to: 
(a) UZlj and 
(b) Encom MP-9 and MP-45j 
(3) 
The following MAC types: 
(a) RPB Industries. Inc. sMlO and sMll; 
(b) SWD Incorporated M-ll; 
(c) Advance Armament Inc. M-ll; 
(d) Military Armament Corp. Ingram M-ll: 
(e) Intratec TEC-9; 
(f) Sites Spectre; 
19) Sterling MK-7j 
(h) Calico M-950; and 
0) Bushmaster Pistol; 
(4) 
The following specified shotguns; 
( a) Franchi SPAS 12 and LAW 12; 
(ll} 5triker 12; gng 
(c) The 5treetsweeper type SIS Inc. 55/12; 
(5) 
A 
semigutomat.i...~e:g..terfire rifle that hgs the 
~gcity to gccept g getachgble mg9gzine gng gny one of 
the following; 
(g} 
A pistol grip that protrudes conspicuously 
llenegth the gction of the WegpOn; 
(ll} A thumllhole stock; 
(d A folging or telescoping stock; 
( g} A grenage 19uncher or flare launcher; 
(e) A flash suppressor; or 
(f} A fQrward pi~j;QI grip; 
(6} 
A semigutQmgj;ic, centerfire rifle thgt hgs g fixeg 
maggzine with the capgcity 
j;Q 
gCCept 
mQre 
j;hgn 
rQungs; 
(7) 
A 
semigutomgt~~~nterfire rifle thaj; has 
an 
Qvergll lengj;h of less than 30 inches; 
(8} 
A semiautomat ..... 
i-"'-c~p~.i,_!i_tQI thaj; hgs j;he c&pacHy to 
gccept 
a 
dej;gchgble 
mgggzine 
gng 
gny 
Qne 
Qf 
j;he 
following; 
(a) 
A 
thr~Q.~bauel, capable of 
~GGepJ;Jn9..-...Q, 
flgsh suppressor, forwgrg handgrip Qr silencer; 
(b} A secQnd hgnggrip; 
• 
• 
.. 
• 
.. 
(c) A shroud that is attached to, or partially or 
completely encircles, the barrel that allows the 
bearer to fire the weapon without burning the 
bearer's hand, except a slide that encloses the 
barrel~ 
(d) The capacity to accept a detachable magazine 
at some location outside of the pistol grip; 
(9) 
A semiautomatic pistol with a fixed magazine that 
has the capacity to accept more than 10 rounds; 
(10) 
A semiautomatic shotgun that has both of the 
following: 
(a) A folding or telescoping stock; and 
(b) 
A 
piI;H:.QJ,_.g~ip that..-p.1:Qtrudes 
conspicuously 
beneath the action of the weapon, thumbhole stock 
or vertical handgrip; 
(ll) 
A semiautomatic shotgun that has the ability to 
accept a detachable magazine; and 
(12) 
Any shotgun with a revolving cylinder. 
"Assault weapon" does not include any antique firearm or 
competition pistol. 
C. 
"Capacity to accept more than 10 rounds" means capable 
of 
accommodating 
more 
than 
rounds, 
but 
may 
not 
be 
interpreted to 
include 
a 
feeding 
device 
that has 
been 
permanently altered so that it cannot accommodate more than 
rounds. 
D. 
"Competitio~~t.QJ.~I1J~gns a pistol that is sanctioned 
by the International Olympic Committee and by the national 
governing body for international shooting competition in the 
United States and that is used for Olympic target shooting 
purposes, including the following pistols: 
(1) 
Benelli MP90 .22LR; 
(2) 
Benelli MP90 .32 S&W LONG: 
(3) 
Benelli MP95 .22LR; 
(4) 
Benelli MP95 .32 S&W LONG; 
(5 ) 
Hammerli 280 .22LR: 
(6 ) 
Hammerli 280 .32 S&W LONG: 
(7) 
Hammerli SP20 .22LR: 
( 8) 
Hammerli SP20 .32 S&W LONG: 
(9) 
Pardini GPO .22 SHORT: 
(10) 
Pardini GP-SCHUMANN .22 SHORT: 
(11) 
Pardini HP .32 S&W LONG: 
{12} 
Pardini ME .32 S6!W LONG: 
{13} 
Pardini SP .22LR: 
{14} 
Pardini SPE .22LR: 
(15) 
Walther GSP .22LR: 
{16} 
Walther GSP .32 S&W LONG: 
(17} 
Walther OSP .22 SHORT: and 
{Ie} 
Walther OSP-2QOO . 22 SHORT . 
E. 
"Fifty caliber rif1e" 
or". 5Q caliber 
r~fle~' means a 
centerfire rifle that can fire .50 caliber amm~nition and is 
not an assault weapon pursuant to paragraph B; 
'i 
".50 caliber 
rifle" does not include any antique firearm. 
' 
F. 
"Magazine" means any ammunition feeding device. 
G. 
"Series" 
includes 
all 
other 
models 
that 
are 
only 
variations, with minor differences, of those Imodels listed 
in this section, regardless of the manufacturerl 
H. 
"Transfer" means to selL furnish, give, il.stnd, deliver 
or otherwise provide, with or without considera~ion. 
3. 
Manufacture, 
transfer 
or 
possession 
o~ 
an 
assault 
weapon, a .5Q caliber rifle or .5Q caliber ammunitil,on is a Class 
D crime. 
4. 
The Attorney Gene.:LaLaruJ. the Chief of 
th,~tate Police 
shall create a system for identifying and exempting \new models of 
~lJlpetitiye 
pistols 
that 
WOJ,1,ld 
otherwise 
fall i 
within 
the 
definition of "assault weapon" 
pursJ,1,ant 
to this. section from 
• 
.. 
being classified as 
assault weapons. 
The 
exempt competitive 
pistols may be based on recommendations by the national governing 
body for international shooting competition in the United States 
consistent with the regulations contained in that organization's 
official rules or may be based on the recommendation or rules of 
any other organization that the department deems relevant. 
5. 
The Attorney General and the Chief of the State Police 
shall create a system for identifying any other models of assault 
weapons that are only variations of those weapons with minor 
differences that are prohibited by this section, regardless of 
the manufacturer. 
6. 
The Attorney General shall adopt rules to implement the 
purposes of this section. 
Rules adopted pursuant to this section 
.are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 2. 17-A MRSA §§1052 to 1054, as enacted by PL 1975, c. 
499, §1, are amended to read: 
§1052. Right to possess. carry or transport machine gun. assault 
weapon, .50 caliber rifle or .50 caliber ammunition 
Any law enforcement officer of the State 9~-MaiRe, any law 
enforcement officer of another state or a territory of the United 
States, members of the Armed Forces, Maine National Guard and 
Maine State Guard may possess a machine gun, assault weapon or 
.50 caliber rifle or .50 caliber ammunition if the possession or 
carrying of syeh th.at weapon or ammunition is in the discharge of 
his that person's official duties and has been authorized by his 
that person's appointing authority. 
Machine gunsL--assault weapons 
and .50 caliber rifles and 
ammunition manufactured, 
acquired, 
transferred or possessed in 
accordance with the National Firearms Act, as amended, shall-ae 
~ 
exempt from this chapter. 
§1053. Confiscation and seizure of machine gun. assault weapon or 
.50 caliber rifle or .50 caliber ammunition 
Any machine gun, assault weapon or .50 caliber rifle or 
.50 
caliber ammunition possessed in violation of section 1051 or 
section 1058 is declared to be contraband and is subject to 
forfeiture to the State. Any law enforcement officer shall-have 
has the power to seize the same with due process. 
When a machine gun, assault weapon or .50 caliber rifle or 
.50 caliber ammunition is seized as provided, the officer seizing 
the same shall immediately file with the judge before whom such 
warrant is returnable, a libel against the machine 
gun~~s..a~lt 
weapon or .50 caliber rifle or .50 caliber ammunition" 
setting 
forth the seizure and describing the machine gun, assault weapon 
or .50 caliber rifle or .50 caliber ammunition and the place of 
seizure in a sufficient manner to reasonably identify it, that it 
was possessed in violation of law and pray for 
a 
decree of 
forfeiture thereof. 
S~eh The 
judge shall fix 
a 
time for the 
hearing of such libel and shall issue his the monition and notice 
of same to all persons interested, citing them to appear at the 
time and place appointed to show cause why such machine gunL 
assault weapon or .50 caliber rifle or .50 caliber arnxnunition 
should not be declared forfeited, by causing true and attested 
copies of saia t.he. libel and moni tion to be posted in 2 public 
and conspicuous places in the town and place where such machine 
gun, 
assault 
weapon 
or 
.50 
caliber 
rifle 
or 
.50 
caliber 
ammuniti2n was seized, 10 days at least before saia the libel is 
returnable. In addition, a true and attested copy of the libel 
and monition sha** IDY£t be served upon the person from whom saia 
t.he. machine gun, 
assault weapon or 
.50 caliber rifle or 
.50 
caliber ammunition was seized and upon the owner thereof, if 
~hei~ the person's whereabouts can be readily ascertained 10 days 
at least before 
saia 
the 
libel is 
returnable. 
In 
lieu of 
forfeiture proceedings, title to such seized machine gun~~ 
weapon or .50 caliber rifle or .50 caliber ammunition may be 
transferred in writing 
to 
the 
State 
eg--MaiBe 
by 
the 
owner 
thereof. 
If title to and ownership in the machine gun, assault 
weapon 
or 
.50 
caliber 
rifle 
or 
.50 
caliber 
ammunition 
is 
transferred to the State, a receipt for the machine gun sha**L 
assault weapon or .50 caliber rifle or 
.50 caliber ammunition 
!D..!!ll be given to the former owner by the law enforcement officer 
who seized the machine gun, assault weapon or .50 caliber rifle 
or .50 caliber ammunition. 
§1054. Forfeiture of machine gun, assault weapon, .50 caliber 
rifle or .50 caliber ammunition 
If no claimant for 
a machine gun, assault weapQn or 
. 50 
.Q...aliber 
rifle 
or 
.50 
caliber 
ammJll!.it..ion 
seized 
under 
the 
authority of section 1053 appears, the judge shall, on proof of 
notice, declare the same to be forfeited to the State. If any 
person appears and claims such machine gun, assault weapon or .50 
caliber rifle or .50 caliber ~mmunitio~, as having a right to the 
possession thereof at the time when the same was seized, he the 
PJL~~on shall file with the 
judge 
a 
claim in writing stating 
specifically the right so claimed, the foundation thereof, the 
item so claimed, any exemption claimed, the time and place of the 
seizure and the name of the law enforcement officer who seized 
the machine gun, 
assault wE;tQpon 
or 
. 50 caliber rifle or 
.50 
caliber ammunition, and in it declare that it was not possessed 
in violation of 
this 
chapter, 
and 
state his 
that person's 
• 
business and place of residence and sign and make oath to the 
same before saie the judge. If any person so makes claim, he 
sha~~ that person must be admitted as a party to the process, and 
the libel, and may hear any pertinent evidence offered by the 
libelant or claimant. If the judge is, upon hearing, satisfied 
that saie ~~~ machine gun, assault weapon or .50 caliber rifle or 
.50 caliber ammunition was not possessed in violation of this 
chapter, and that claimant is entitled to the custody thereof, Be 
the judge shall give an order in writing, directed to the law 
enforcement officer having seized the same, 
commanding hiHl the 
law enforcement officer to deliver to the claimant the machine 
gun, 
assault 
weapon 
or 
.50 
caliber 
rifle 
or 
.50 
caliber 
gmmunition to which he the claimant is so found to be entitled, 
within 48 hours after demand. If the judge finds the claimant not 
entitled to possess 
the 
machine 
gun, 
assault weapon 
or 
.50 
caliber rifle or 
.50 caliber ammunition, 
he the 
judge shall 
render judgment against hiHl the claim1W...t for the libelant for 
costs, to be taxed as in civil cases before such judge, and issue 
execution thereon, 
and shall declare such machine gun, assault 
weapon or .50 caliber rifle or .50 caliber ammunition forfeited 
to the State. The claimants may appear and shall recognize with 
sureties as on appeals in civil actions from a judge. The judge 
may order that the machine gun, assault weapon or .50 caliber 
rifle or .50 caliber ammunition remain in the custody of the 
se~z~ng law enforcement officer, pending the disposition of the 
appeal. All machine guns~s.ault weapons or .50 caliber 
rifle~ 
or .50 caliber ammunition declared forfeited to the State, or 
~i~~e titles to which have been transferred to the State in lieu 
of forfeiture proceedings 
sha~~ illY£t be turned over to the Chief 
of the MaiRe State Police. If saie .tM machine gun, 
assault 
weapon or .50 caliber rifle or .50 caliber ammunition is found to 
be of a historic, artistic, scientific or educational value, the 
State Police may retain the machine gun, assault weapon or .50 
caliber rifle or .50 caliber ammunition for an indefinite period 
of time. 
Any other machine gun, assault weapon or .50 caliber 
rifle 
or 
.50 
caliber 
ammunition 
declared 
forfeited 
and 
in 
possession of the State Police sha~~ ~~ be destroyed by a means 
most convenient to the Chief of the State Police. 
SUMMARY 
This 
bill 
creates 
the 
Class 
D 
crime 
of 
knowingly 
manufacturing, transferring or possessing an assault weapon, 
a 
.50 caliber rifle or .50 caliber ammunition. 
The Legislature has 
defined assault weapons as the types, series and models listed in 
this bill because it was the most effective way to identify and 
restrict a 
specific class of semiautomatic weapons. 
The 
new 
crime defines several terms, including "assault weapon" and ".50 
caliber rifle" and directs the Attorney General and the Chief of 
the State Police to create a system for identifying, exempting 
and adding new models as necessary. 
"Assault weapon" and ".50 
ccl.~ 1)"" 
rifle" do not include antique firearms. 
Pistols that are 
sanctioned by the International Olympic 
Committee 
and by the 
national governing body for international shooting competition in 
the United States and that are used for Olympic target shooting 
purposes are also exempted. 
The bill 
amends 
current 
law regarding the confiscation, 
seizure 
and 
forfeiture 
of 
machine 
guns, 
so 
that 
the 
same 
procedures and due process apply to the confiscation, seizure and 
forfeiture 
of 
assault 
weapons 
and 
.50 
caliber 
rifles 
and 
ammunition. 
Machine guns, assault weapons and .50 caliber rifles 
and ammunition manufactured, acquired, transferred or possessed 
in accordance with the National Firearms Act, 
as amended, 
are 
exempt from these laws. 
The 
crime 
of 
knowingly 
manufacturing, 
transferring 
or 
possessing an assault weapon or .50 caliber rifle or ammunition 
does not apply to any law enforcement officer of the State, any 
law enforcement officer of another state or a terri tory of the 
United States or a member of the Armed Forces, Maine National 
Guard or Maine State Guard who possesses an assault weapon or .50 
caliber rifle or ammunition if the possession or carrying of the 
weapon or .50 caliber ammunition is in the discharge of that 
person's official duties and has been authorized by that person's 
appointing authority. 
..