An Act Regarding the Sale of Firearms to Minors
Maine Legislature, Session 123, LD 2051
Committee Amendment CA_A_H695 (House)
Amends: 17-A MRSA §554-A

COMMITTEE AMENDMENT" A " to H.P. 1435, L.D. 2051, Bill, "An Act 
Regarding the Sale of Firearms to Minors" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Prohibit the Sale of Firearms Other than Handguns to Persons 16 
or 17 Years of Age without Parental Consent' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 17-A MRSA §554-A, as amended by PL 2003, c. 188, §1, is further 
amended to read: 
§554-A. Unlawful transfer of a firearm other than a handgun to a minor 
1. 
As used in this section, the following terms have the following meanings. 
A. 
"Transfer" means to sell, furnish, give, lend, deliver or otherwise provide, with 
or without consideration. 
B. 
"Minor" means a person under 16 years of age. 
C. "Sell" means to furnish, deliver or otherwise provide for consideration. 
D. "Firearm" means a firearm other than a handgun as defined in section 554-B, 
subsection 1, paragraph A. 
2. 
Except as provided in section 554 B, a A person is guilty of unlawfully 
transferring a firearm to a mffief person under 16 years of age if that person, who is not 
the parent, foster parent or guardian of the m-ifter person under 16 years of age, 
knowingly transfers a firearm to a mffief person under 16 years of age. Violation of this 
subsection is a Class D crime. 
Page \- 123LR2744(02)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A " 
to H.P. 1435, L.D. 2051 
2-A. A person is guilty of unlawfully selling a 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 years of age 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. 
A. A person who violates this subsection commits a civil violation for which a fine 
of not more than $500 may be adjudged. 
B. A person who violates this subsection after having been adjudicated as having 
committed one or more violations under this subsection commits a Class D crime. 
3. 
It is an affirmative defense 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 can not cannot be based solely upon the physical 
appearance of the person or upon the oral representation of that person as to that 
person's age; or 
B. 
The transfer of the firearm to the minef person under 16 years of age was 
approved by the parent, foster parent or guardian of the mffief person under 16 years 
of age. 
3-A. It is an affirmative defense to a prosecution under subsection 2-A that: 
A. The actor reasonably believed the person receiving the firearm had attained 18 
years of age. 
A reasonable belief cannot be based solely upon the physical 
appearance of the person or upon the oral 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 
of age was approved by the parent, foster parent or guardian of the person 16 years of 
age or older and under 18 years of age. 
4. 
Unlavflul transfer of a firearm to a minor is a Class D orime.' 
SUMMARY 
This amendment prohibits the sale of a firearm to a person 16 years of age or older 
and under 18 years of age. For purposes of this prohibition, "firearm" means a firearm 
other than a handgun as defined in the Maine Revised Statutes, Title 17-A, section 554-B, 
subsection 1, paragraph A. 
The amendment 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 amendment makes the first offense of unlawfully selling a firearm other than a 
handgun to person 16 years of age or older and under 18 years of age a civil violation for 
which a fine of no more than $500 may be imposed. A second or subsequent violation is 
a Class D crime. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02119/08 :bJ'ac:.. 
LD 2051 
LR 2744(02) 
An Act Regarding the Sale of Firearms to Minors 
Fiscal Note for Bill as Amended by Committee Amendment" A " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new civil violations and Class D crimes. The bill will primarily impact the county jail system. The 
current average cost to counties for a Class D crime is $6,795 based on an average length of stay of 62 days at $109.60 
per day. The collection of additional fines may also increase General Fund revenue by minor amounts. 
LR2744(02) - Fiscal Note - Page I of 1