An Act To Enhance Self-defense
Maine Legislature, Session 123, LD 0146
Committee: Criminal Justice and Public Safety
Sponsors: CEBRA, DUPREY, HAMPER, LANSLEY, ROBINSON, SA VIELLO, COURTNEY, SNOWE-MELLO
Amends: 12 MRSA §11212, 17-A MRSA §1057, 17-A MRSA §1252, 25 MRSA §2001-A, 25 MRSA §200, 25 MRSA §2003, 25 MRSA §2004

Legislative Document 
No. 146 
H.P.128 
House of Representatives, January 12,2007 
An Act To Enhance Self-defense 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative CEBRA of Naples. 
17/~ 
1/7. 7I/ac~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: DUPREY of Hampden, HAMPER of Oxford, LANSLEY of 
Sabattus, ROBINSON of Raymond, SA VIELLO of Wilton, Senators: COURTNEY of York, 
SNOWE-MELLO of Androscoggin. 
Printed on recycled paper 
J:k it enacted by the People of the State of Maine as follows: 
.;. 
Sec. 1. 12 MRSA §11212, sub-§I, as amended by PL 2005, c. 477, §9, is further 
amended to read: 
1. Prohibition. The following provisions apply to shooting from a motor vehicle or 
motorboat or possessiAg a loaded firearm or a erossbo\v iA a motor vehiele. 
A. 
A person may not shoot while in or on a motor vehicle or motorboat or while in 
or on a trailer or other type of vehicle being hauled by a motor vehicle except: 
(1) A person may hunt migratory waterfowl from a motorboat in accordance 
with federal regulations; 
(2) Paraplegics and single or double amputees of the legs may shoot from motor 
vehicles that are not in motion; and 
(3) A person may shoot from a motorboat if that boat is not being propelled by 
its motor. 
B. 
A persoA may Aot, 'while iA or OA a motor vehiele or iA or OA a trailer or other 
t)'pe of vehiele beiAg hauled by a motor vehiele, have a eoeked aAd armed erossbow 
or a firearm 'Nith a eartridge or shell iA the ehamber or iA aA attaehed magaziAe, dip 
or eyliAder or a muzzle 10adiAg firearm eharged with powder, lead aAd a primed 
igAitioA deyiee or meehaAism, exeept that a persoA who has a valid MaiAe permit to 
earry a eOAeealed weapOA may ha'ie iA or OA a motor yehiele or trailer a loaded pistol 
or re'volYer eO'lered by that permit. 
C. 
A person may not possess a wild animal or wild bird taken in violation of 
paragraph A er-B, except as otherwise provided in this Part. 
Sec. 2. 17-A MRSA §1057, sub-§6, ~A, as enacted by PL 1989, c. 917, §2, is 
amended to read: 
A. 
Revoke any permit to carry a concealed firearm issued to the person so 
convicted-;--aAd~ 
Sec. 3. 17-A MRSA §1057, sub-§6, ~, as enacted by PL 1989, c. 917, §2, is 
repealed. 
Sec. 4. 17-A MRSA §1252, sub-§4, as amended by PL 2005, c. 527, § 17, IS 
further amended to read: 
4. 
If the State pleads and proves that a Class B, C, D or E crime was committed 
with the use of a dangerous weapon then the sentencing class for such crime is one class 
higher than it would otherwise be. In the case of a Class A crime committed with the use 
of a dangerous weapon, such use should be given serious consideration by the court in 
exercising its sentencing discretion. This subsection does not apply to a violation or an 
attempted violation of section 208, to aA)' other offeAses to '>,>,hieh use of a daAgerous 
weapoA serves as aA elemeAt or to any offense for which the sentencing class is otherwise 
increased because the actor or an accomplice to that actor's or accomplice's knowledge is 
armed with a firearm or other dangerous weapon. An additional 10 years must be added 
to the maximum allowable sentence for the crimes of aggravated assault, elevated 
aggravated assault and elevated aggravated assault on a pregnant person under sections 
208, 208-B and 208-C if the dangerous weapon used in the crime is a firearm, slungshot, 
knuckles, bowie knife, dirk or stiletto. 
Sec. 5. 25 MRSA §2001-A, sub-§l, ~A, as enacted by PL 2003, c. 452, Pt. N, §2 
and affected by Pt. X, §2, is amended to read: 
A. 
Display in a threatening manner a firearm, slungshot, knuckles, bowie knife, 
dirk, stiletto or other dangerous or deadly weapon usually employed in the attack on 
or defense of a persont-ef~ 
Sec. 6. 25 MRSA §200l-A, sub-§l,,u, as enacted by PL 2003, c. 452, Pt. N, §2 
and affected by Pt. X, §2, is repealed. 
Sec. 7. 25 MRSA §2001-A, sub-§2, as amended by PL 2005, c. 488, §7, IS 
repealed. 
Sec. 8. 25 MRSA §2003, sub-§l1, as enacted by PL 1985, c. 478, §2, is repealed. 
Sec. 9. 25 MRSA §2004, sub-§3, as enacted by PL 2003, c. 452, Pt. N, §3 and 
affected by Pt. X, §2, is repealed. 
SUMMARY 
This bill: 
1. 
Removes the prohibition on having a loaded firearm or crossbow in a motor 
vehicle for a person other than a holder of a concealed weapons permit; 
2. Removes the provision of law that suspends the license of a private investigator 
for 5 years if convicted of possession of a firearm in an establishment licensed for the on-
premises consumption of liquor; 
3. Increases by 10 years the maximum allowable sentence of a person convicted of 
aggravated assault, elevated aggravated assault and elevated aggravated assault on a 
pregnant person if a firearm, slungshot, knuckles, bowie knife, dirk or stiletto was used in 
the offense; 
4. Removes the prohibition on concealing a dangerous weapon except by a holder of 
a concealed weapons permit; 
5. Removes exceptions to the law prohibiting the carrying of a concealed dangerous 
weapon; and 
6. Removes the requirement that a holder of a concealed weapons permit possess the 
permit in person while carrying a concealed weapon.