An Act To Effect the Seizure and Disposal of Contraband Fireworks
Maine Legislature, Session 123, LD 0362
Committee: Criminal Justice and Public Safety
Sponsors: GERZOFSKY, NASS, GREELEY, HANLEY, HASKELL, SIMPSON, SYKES
Amends: 8 MRSA §237

Legislative Document 
No. 362 
H.P.292 
House of Representatives, January 25, 2007 
An Act To Effect the Seizure and Disposal of Contraband Fireworks 
(EMERGENCY) 
Submitted by the Department of Public Safety pursuant to Joint Rule 204. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative GERZOFSKY of Brunswick. 
Cosponsored by Senator NASS of York and 
7rJ~ 
/J?7I!d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: GREELEY of Levant, HANLEY of Gardiner, HASKELL of Portland, 
SIMPSON of Auburn, SYKES of Harrison. 
Printed on recyc led paper 
Emergency preamble. Whereas, acts of the Legislature do not become effective 
until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the possession and use of fireworks by individuals without a permit is 
illegal in this State; and 
Whereas, there is presently no provIsIOn for the efficient disposition of such 
fireworks seized by, surrendered to or in the possession of law enforcement agencies, 
including but not limited to the Department of Public Safety; Office of the State Fire 
Marshal; and 
Whereas, it is vital that the lack of such a provision be addressed in order to 
safeguard the safety, security and rights of the citizens of this State; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 8 MRSA §237 is enacted to read: 
§237. 
Seizure, forfeiture and disposal of fireworks 
1. Seizure of fireworks. A law enforcement officer may seize fireworks that the law 
enforcement officer has probable cause to believe are: 
A. 
Stored, sold, manufactured, transported or found in any person's possession in 
violation of this chapter; 
B. Shipped by common carrier in violation of this chapter to the address of a person 
in the State; or 
C. 
Surrendered to or otherwise lawfully acquired by a law enforcement agency 
when there is no permitted claimant under this chapter. 
2. Forfeiture of seized fireworks. All fireworks lawfully seized under this section 
are contraband and are forfeited to the State. 
3. Disposal of forfeited fireworks. The commissioner may dispose of fireworks 
forfeited to the State under this section in any lawful manner considered appropriate by 
the commissioner, including, but not limited to, by their auction or destruction or by 
using them for training purposes. 
4. Exceptions. This section does not apply to: 
A. 
Fireworks stored by, manufactured by, transported by, shipped by common 
carrier to, sold to or in the possession of a person issued a permit pursuant to section 
227-A; or 
Page I - 123LR0904(Ol)-1 
J3. Fireworks otherwise permitted or exempted unsler_ this chapter..:. 
5. Procedure. The following governs the process of disposing of fireworks seized 
pursuant to this section. 
A. 
As soon as reasonably possible following a seizure under subsection 1, the law 
enforcement officer or agency effecting the seizure shall cross-reference the 
commissioner's permit records to determine whether a permit exception applies. 
B. If a review of the permit records pursuant to paragraph A discloses that the 
fireworks were lawfully possessed, sold, stored, transported or manufactured, then 
the seizing agency shall return them to the lawful possessor as soon as reasonably 
possible. 
C. A public notice is not required to effect a lawful seizure, forfeiture and disposal if 
no permit exception applies. 
Emergency clause. In view of the emergency cited in the preamb.le, this Act takes 
effect when approved. 
SUMMARY 
This bill creates a process for the disposal of fireworks seized by or surrendered to 
law enforcement authorities. The only situations in which fireworks are not contraband 
are when they are exempted from sanction, for instance, in the case of maritime flares, or 
the person possessing, using or transporting them is already permitted to do so under the 
Maine Revised Statutes, Title 8, chapter 9-A.