An Act To Prohibit the Transfer of a Firearm to a Person under Years of Age without Parental Permission Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. I. 17-A MRSA §554-A, as amended by PL 2003, c. 188, §1, is repealed. Sec. 2. 17-A MRS A §554-B, as enacted by PL 2003, c. 188, §2, is repealed. Sec.3. 17-A MRSA §554-C is enacted to read: §554-C. Unlawful transfer of firearm to minor 1. A person is guilty of unlawful transfer of a firearm to a minor if that person, who is not the parent, foster parent or guardian of the minor, intentionally or knowingly transfers a firearm to a minor. 2. It is an affirmative defense to prosecution under this section that: Page 1-LR0054(2) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 0310
Committee Amendment CA_A_H264 (House)
Amends: 17-A MRSA §554-A, 17-A MRSA §554-C

COMMITTEE AMENDMENT "A" to H.P. 234, L.D. 310, Bill, "An 
Act To 
Require 
a 
10-day Waiting Period for the Purchase of 
Firearms by a Person under 22 Years of Age" 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Prohibit the Transfer of a Firearm to a Person under 
Years of Age without Parental Permission' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. I. 17-A MRSA §554-A, as amended by PL 2003, c. 188, 
§1, is repealed. 
Sec. 2. 17-A MRS A §554-B, as enacted by PL 2003, c. 188, §2, 
is repealed. 
Sec.3. 17-A MRSA §554-C is enacted to read: 
§554-C. 
Unlawful transfer of firearm to minor 
1. 
A person is guilty of unlawful transfer of a firearm to 
a minor if that person, who is not the parent, foster parent or 
guardian of the minor, intentionally or knowingly transfers a 
firearm to a minor. 
2. 
It is an affirmative defense to prosecution under this 
section that: 
COMMITTEE AMENDMENT 
" 
.. 
d-~' 
COMMITTEE AMENDMENT 'A" to H.P. 234, L.D. 310 
A. 
The actor reasonably believed the person 
rece~v~ng the 
firearm had attained 18 years of age. 
A reasonable belief 
cannot be based solely upon the physical appearance of the 
person or upon the oral representation of the person as to 
that person's age: 
B. 
The transfer of the firearm to the minor was with the 
prior written consent of the minor's parent, foster parent 
or guardian and that parent. foster parent or guardian was 
not at the time of the transfer prohibited by federal or 
state law from possessing a firearm: 
C. 
The transfer of the firearm was by inheritance of title 
to, but not possession of, the firearm to the minor: 
D. 
The transfer of the firearm to the minor was temporary 
and occurred in the course of employment. target practice, 
hunting or instruction in the safe and lawful use of a 
firearm: 
E. 
The transfer of the firearm to the minor was temporary 
and occurred as a consequence of the minor's being a member 
of the United States Armed Forces or the state military 
forces and being armed in the line of duty; or 
F. 
The transfer of the firearm to the minor was temporary 
and occurred under circumstances in which the minor was 
defending 
a 
person under 
section 108, 
subsection 
or 
defending a dwelling place under section 104, subsections 3 
and 4. 
3. 
The State may not permanently confiscate a firearm that 
is 
transferred 
to 
a 
minor 
in 
circumstances 
in 
which 
the 
transferor is not in violation of this section and if the 
possession of the firearm by the minor 
subsequently becomes 
unlawful because of the conduct of the minor. 
When that fir.earm 
is 
no 
longer 
required 
by 
the 
State 
for 
the 
purposes 
of 
investigation or prosecution, the firearm must be returned to the 
lawful owner. 
4. 
The following penalties apply. 
A. 
A person who violates this section commits a Class D 
crime, except as provided in paragraph B. 
B. 
A person who violates this section and, at the time of 
the 
offense, 
has 
a 
prior 
conviction 
for 
unlawfully 
transferring a firearm to a minor or for a violation of 
former section 554 A or former section 554 B commits a Class 
C crime. 
Section 9-A governs the use of prior convictions 
when determining a sentence. 
COMMITTEE AMENDMENT 
:~. 
COMMITTEE AMENDMENT A" to H.P. 234, L.D. 310 
5. 
As used in this section, the following terms have the 
following meanings. 
A. 
"Minor" means a person under 18 years of age. 
B. 
"Transfer" means to sell. furnish. give. lend. deliver 
or otherwise provide. with or without consideration.' 
SUMMARY 
This amendment replaces the bill and is the majority report 
of the Joint Standing Committee on Criminal Justice and Public 
Safety. 
The amendment repeals the current provisions regarding 
transferring a firearm to a minor and regarding transferring a 
handgun to a minor and c~mbines them into one section to prohibit 
the transfer without parental consent of any firearm to a person 
under 18 years of age. 
The amendment describes the prohibited 
conduct and creates affirmative defenses to the crime, some of 
which 
currently exist as 
affirmative 
defenses 
in the 
Maine 
Revised Statutes, Title 17 -A, section 554-A and some of which 
currently exist as exceptions to the crime in Title 17-A, section 
554-B. 
The 
amendment also changes the title to reflect the 
intent of the amendment. 
COMMITTEE AMENDMENT