An Act To Create lOa Waiting Period for Fireanns
Maine Legislature, Session 123, LD 0361
Committee Amendment CA_A_H122 (House)
Amends: 17-A MRSA §554-B

COMMITTEE AMENDMENT "A" to H.P. 291, L.D. 361, Bill, "An Act To Create 
lOa Waiting Period for Fireanns" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Require Parental Permission for a Person under 18 Years of Age 
To Purchase a Firearm and To Require .the Department of Public Safety and 
the Department of Health and Human Services To Conduct a Study 
Analyzing the Ownership Status of Firearms Used in Gun-related Suicides in 
Maine' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 17-A MRS A §554-A, as amended by PL 2003, c. 188, §1, is repealed. 
Sec. 2. 17-A MRSA §554-B, as enacted by PL 2003, c. 188, §2, is amended to 
read: 
§554-B. Unlawful transfer of firearm to minor 
1. 
As used in this section, the following terms have the following meanings. 
A. 
"HaRdgHR" "Firearm" means any weapon, whether loaded or unloaded, that is 
designed to expel a projectile by the action of an explosive and includes any such 
weapon commonly referred to as a handgun, pistol, revolver, rifle, gun, machine gun 
or shotgun. Any weapon that can be made into a firearm by the insertion of a firing 
pin, or other similar thing, or by repair, is a firearm. For purposes of this paragraph, 
"handgun" means a firearm that has a short stock and is designed to be held and fired 
0 
by the use of a single hand, or any combination of parts from which a handgun can be 
assembled. 
B. 
"Minor" means a person under 18 years of age. 
COMMITTEE AMENDMENT 
Y~.,~" 
COMMITTEE AMENDMENT "A "to H.P. 291, L.D. 361 
C. 
"Transfer" means to sell, furnish, give, lend, deliver or otherwise provide, with 
or without consideration. 
2. 
A person is guilty of unlawfully transferring a handg\:ln firearm to a minor if that 
person knowingly transfers a handg\:ln firearm to a person who the transferor knows or 
has reasonable cause to believe is a minor. 
3. This section does not apply to: 
A. 
A temporary transfer of a handg\:ln firearm to a minor: 
(1) With the prior written consent of the minor's parent or guardian and that 
parent or guardian is not prohibited by federal, state or local law from possessing 
a firearm; or 
(2) In the course of employment, target practice, hunting or instruction in the 
safe and lawful use of a handg\:ln firearm. 
The minor may transport an unloaded handg\:ln firearm in a locked container 
directly from the place of transfer to a place at which an activity described in this 
subparagraph is to take place and directly from the place at which such an 
activity took place to the transferor; 
B. 
A minor who is a member of the United States Armed Forces or the National 
Guard who possesses or is armed with a handg\:ln firearm in the line of duty; 
C. 
A transfer by inheritance of title to, but not possession of, a handgHn firearm to a 
minor; or 
D. 
The transfer of a handgHn firearm to a minor when the minor takes the handg\:ln 
firearm in self-defense or in defense of another person against an intruder into the 
residence of the minor or a residence in which the minor is an invited guest. 
4. 
The State may not permanently confiscate a handg\:ln 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 handg\:ln firearm by the minor subsequently becomes unlawful 
because of the conduct of the minor. When that handgHn firearm is no longer required by 
the State for the purposes of investigation or prosecution, the handgl:lft firearm must be 
returned to the lawful owner. 
S. 
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 handg\:ln firearm to a minor commits a Class 
C crime. 
Section 9-A governs the use of prior convictions when determining a 
sentence. 
Sec. 3. 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 determine the ownership status of firearms used in firearms-related suicides in 
COMMITTEE AMENDMENT 
\ 
\i.:" 
COMMITTEE AMENDMENT" A" to H.P. 291, L.D. 361 
the State. The Commissioner of Public Safety shall report the study's findings to the Joint 
Standing Committee on Criminal Justice and Public Safety by January 15, 2008. Upon 
receiving the report, the Joint Standing Committee on Criminal Justice and Public Safety 
may submit legislation to the Second Regular Session of the 123rd Legislature.' 
SUMMARY 
This amendment replaces the bill and is the minority report of the Joint Standing 
Committee on Criminal Justice and Public Safety. 
The amendment combines the 
unlawful transfer of a firearm to a minor provision with the unlawful transfer of a 
handgun to a minor provision and redefines "firearm" to include handguns for purposes of 
the new section. The result requires written parental consent for a person who has not 
attained 18 years of age to purchase or receive a firearm or handgun. 
The same 
exceptions for a temporary transfer of a handgun to a minor that exist in current law apply 
to the transfer of a firearm, including a handgun, to a minor under the amendment. 
The amendment 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 firearms used in firearms-related suicides in Maine. 
The 
Commissioner of Public Safety shall report the study's findings to the Joint Standing 
Committee on Criminal Justice and Public Safety by January 15, 2008. Upon receiving 
the report, the Joint Standing Committee on Criminal Justice and Public Safety may 
submit legislation to the Second Regular Session of the 123rd Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 0411 0107 .;t;yac=. 
LD361 
LR 852(02) 
An Act To Create a Waiting Period for Firearms 
Fiscal Note for Bill as Amended by Committee Amendment .~ .. 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Minor cost increase - Highway Fund 
Minor revenue increase -. General Fund 
Correctional and Judicial Impact Statements 
Establishes a new Class C and D crime; increases correctional and judicial costs 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LR0852(02) - Fiscal Note - Page 1 of 1