An Act Relating to the Handling of Firearms ConrISCated by Law Enforcement Officers Pursuant to a Court Order (AFTER DEADLINE)
Maine Legislature, Session 122, LD 2118
Committee: Criminal Justice and Public Safety
Sponsors: MilLS
Amends: 25 MRSA §2804-C

Legislative Document 
No. 2118 
H.P.1507 
House of Representatives, May 22, 2006 
An Act Relating to the Handling of Firearms ConrISCated by Law 
Enforcement Officers Pursuant to a Court Order 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative MilLS of Farmington. 
Printed on recycled paper 
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MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 25 MRSA §2804-C, sub-§2-C is enacted to read: 
2-C. Receipt of firearms; training; procedure; liability. The Maine Criminal 
Justice Academy shall provide training for municipal, county and state law enforcement 
officers regarding the proper handling, storage, safekeeping and return of firearms and 
firearm accessories received pursuant to a court order under Title 19-A, section 4006, 
subsection 2-A or Title 19-A, section 4007, subsection 1, paragraph A-I. Such training 
must include education concerning the prohibitions on the purchase or possession of a 
firearm when a protection order has been obtained and communication with parties to 
protection orders concerning· such prohibitions. 
In developing materials for training in domestic violence issues, the Maine Criminal 
Justice Academy may consult with a statewide organization involved in advocacy for 
victims of domestic violence and with an organization having statewide membership 
representing the interests of firearms owners. 
A law enforcement officer who receives custody of a firearm pursuant to Title 19-A, 
section 4006, subsection 2-A or Title 19-A, section 4007, subsection 1, paragraph A-I 
shall exercise reasonable care to avoid loss, damage or reduction in value of the firearm 
and may not permanently mark the firearm or fire the firearm unless there is reasonable 
suspicion that the firearm has been used in the commission of a crime. Any liability for 
damage or reduction in value to such a firearm is governed by Title 14, chapter 741. 
SUMMARY 
This amendment directs the Maine Criminal Justice Academy to provide training for 
municipal, county and state law enforcement officers regarding the proper handling, 
storage, safekeeping and return of firearms and firearm accessories received pursuant to a 
protection from abuse order. 
The amendment provides that in developing materials for training in domestic 
violence issues, the Maine Criminal Justice Academy may consult with a statewide 
organization involved in advocacy for victims of domestic violence and with an 
organization having statewide membership representing the interests of firearms owners. 
The amendment also provides that a law enforcement officer who receives custody of 
a firearm pursuant to a protection from abuse order shall exercise reasonable care to avoid 
loss, damage or reduction in value of such firearm and may not permanently mark the 
firearm or fire the firearm unless there is reasonable suspicion that the firearm has been 
used in the commission of a crime. Any liability for damage or reduction in value to such 
a firearm is governed by the Maine Tort Claims Act. 
FISCAL ., U J 1:. K1:.(lL IRED 
(See attached) 
Approved: 05/18/06 ~aC!. 
LD a II ~ 
LR 3295(01) 
An Act Relating to the Handling of Firearms Confiscated by Law Enforcement Officers Pursuant to a 
Court Order 
Fiscal Note for Original Bill . 
Sponsor: Rep. Mills 
Committee: Not Referred 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR3295(l) - Fiscal Note - Page 1 of 1