Maine Legislature, Session 123, LD 2051
Committee: Criminal Justice and Public Safety
Sponsors: GERZOFSKY, BRYANT, CRA YEN, CUMMINGS, HANLEY, HASKELL, PINGREE, PLUMMER, SYKES, WATSON, WEBSTER
Amends: 17-A MRSA §554-A

Legislative Document 
No. 2051 
H.P.1435 
House of Representatives,. December 21, 2007 
All Act Regarding the Sale of Firearms te Millen 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 19, 2007. Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
Presented by Representative GERZOFSKY of Brunswick_ 
lJ1~m.~ 
Mll..LICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BRYANT of Windham, CRA YEN of Lewiston, Speaker 
CUMMINGS of Portland, HANLEY of Gardiner, HASKELL of Portland, lllLL of York, 
PINGREE of North Haven, PLUMMER of Windham, SYKES of Harrison, WATSON of Bath, 
WEBSTER of Freeport. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRSA §554-A, as amended by PL 2003, c. 188, § I, is further 
amended to read: 
§554-A. Unlawful transfer of a fIrearm to a minor 
1. 
As used in this section, the following terms have the following meanings. 
A. 
"Transfer" means to seJI, furnish, give, lend, deliver or otherwise provide, with 
or without consideration. 
B. 
"MiAor" meaRS a ~efsoA uooer Hi years of~e. 
C. "Sell" means to furnish, deliver or otherwise provide for consideration. 
2. 
Except as provided in section 554-B, a person is guilty of unlawfully transferring 
II 
a firearm to a mffl.er person under 16 years of age if that person, who is not the parent, 
foster parent or guardian of the mfAer person under 16 years of age, knowingly transfers a 
firearm to a mffl.er person under 1-6 years of age. 
2-A. Except as provided in section 554-B, a person is guilty of unlawfully seJli!!&.J! 
IS 
firearm to a person 16 years of age or older and under 18 years of age if that person, who 
is not the parent, foster parent or guardian of the person 16 vears of ~or older and 
under 18 years of age, knowingly sells a firearm to a person 16 years of age or older and 
under 18 years of age. 
3. 
It is an affirmative de:f:e:me to a prosecution under subsection 2 that: 
A. 
The actor reasonably believed the person receiving the firearm had attained 16 
years of age. A reasonable belief Gafl 'Rot cannot be based solely upon the physical 
appeal1lDce of the permn or upon the oral representation of that person as to that 
person's age; or 
B. 
The transfer of the frrearm to the if!iAer person under 16 years of age was 
approved by the parent, foster parent or gua:rctian of the mffier person under 16 years 
~. 
3-A. It is an affirmative defense to 11 prosecution under subsection 2-A that: 
A. The actor reasonably believed the :person receiving the firearm had attained 1.8 
years of age. 
A reasonable belief .cannot be based solely upon the physical 
appearance of the person or upon the mal representation of that person as to that 
person's age; or 
B. The sale of the firearm to the person 16 years of age or older and under 18 years 
33' 
of age was approved by the parent. foster parent or guard ian of the person 16 years of 
age or older and under 18 years of age. 
4. 
Unlawful transfer of a firearm to a mHter person tmder 16 years of age is a Class 
crime. 
I 
4-A. Unlawful sale of a fireann to a person 16 years of age or older and under 18 
years of age is a Class D crime. 
Sec. 2. Study of firearms ownership by the Department of Public Safety 
and the Department of Health and Human Services. The Department of Public 
Safety, in cooperation with the Department of Health and Human Services, shall conduct 
a study to detennine the ownership status of fireanns used in fireanns-related suicides in 
the State. The Commissioner of Public Safety shall report the study'S findings to the joint 
standing committee of the Legislature having jurisdiction over criminal justice and public 
safety matters by January 15, 2009. 
Upon receiving the report, the joint standing 
committee may submit legislation to the First Regular Session of the I 24th Legislature. 
II 
SUMMARY 
This bill prohibits the sale of a fireann to a person 16 years of age or older and under 
years of age. It provides an exception for a sale by a parent, foster parent or guardian 
or a sale approved by a parent, foster parent or guardian. 
The bill also directs the Department of Public Safety, in cooperation with the 
Department of Health and Human Services, to conduct a study to determine the 
ownership status of fireanns used in fireanns-related suicides in the State. 
The 
Commissioner of Public Safety shall report the study'S findings to the joint standing 
committee of the Legislature having jurisdiction over criminal justice and public safety 
matters by January 15, 2009. Upon receiving the report, the joint standing committee 
may submit legislation to the First Regular Session of the I 24th Legislature.