An Act To Protect Victims of Domestic Violence 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 PI2-ceeding. A law enforcement agency seizing, confiscating or receiving a firearm pursuant to Title 19-A, section 4006, subsection 2-A or section 4007, SUbsection 1. paragraph A-1 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 1-LR2571(4) HOUSE AMENDMENT
Maine Legislature, Session 122, LD 1938
Committee Amendment CA_A-HA_A_H954 (House)
Amends: 19-A MRSA §4005, 19-A MRSA §4012

HOUSE AMENDMENT "A" to COMMITTEE AMENDMENT "A" to S. P • 739, 
L.D. 1938, Bill, "An Act To Protect Victims of Domestic Violence" 
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 
PI2-ceeding. 
A law enforcement agency seizing, confiscating or 
receiving 
a 
firearm 
pursuant 
to 
Title 
19-A, 
section 
4006, 
subsection 2-A or section 4007, SUbsection 1. paragraph A-1 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.' 
HOUSE AMENDMENT 
HOUSE AMENDMENT "iJ-" 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-§ll is enacted to read: 
11. 
Receipt of firearms; 
procedure: liability. 
A 
law 
enforcement agency seizing, confiscating or receiving a firearm 
pursuant to section 4006, subsection 2-11. or 4007, subsection 1, 
paragraph A-I shall provide the owner of that firearm with a 
signed ang gateg receipt. 
The receipt must include the serial 
number of the firearm, the congition of the firearm ang any other 
firearm accessories seizeg, 
confiscateg or receiveg with the 
firearm. 
The law enforcement agency may not engrave Qr permanently mark in 
any manner the firearm. 
Unless reasQnable 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 sel.zl.ng, confiscating or recel.Yl.ng a 
firearm pursuant tQ section 4006, subsection 2-11. or section 4007, 
.IDJ.bsection L 
paragraph A-I is liable for gamage 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 
Part 
letter 
by relettering or renumbering 
or 
section 
number 
to 
read 
SUMMARY 
This amendment does the following: 
1. 
It amends the provision 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 
a 
court 
to 
order 
a 
person 
seeking 
a 
protection from abuse order in bad faith to pay damages 
and 
reasonable attorney's fees to the defendant; 
3. 
It 
requires 
a 
law 
enforcement 
agency 
seizing, 
confiscating or recel.vl.ng a firearm pursuant to an order of a 
court in a protection from abuse proceeding to provide the owner 
HOUSE AMENDMENT 
HOUSE AMENDMENT .. A" to COMMITTEE AMENDMENT "A" 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, ¥n ~ ~ 
~ 
(Representativ~ 
dr 
TOWN: 
Newport 
HOUSE AMENDMENT