An Act To Protect Firearm Ownership during Times of Emergency
Maine Legislature, Session 125, LD 1859
Committee: Criminal Justice and Public Safety
Sponsors: SHAW, DIAMOND, CEBRA, CLARK, GRAHAM, HANLEY, HARMON, PLUMMER, SARTY, LANGLEY
Amends: 25 MRSA §2011, 37-B MRSA §742

Legislative Document 
No. 1859 
H.P. 1377 
House of Representatives, March 12, 2012 
An Act To Protect Firearm Ownership during Times of Emergency 
(AFTER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative SHAW of Standish. 
Cosponsored by Senator DIAMOND of Cumberland and 
Representatives: CEBRA of Naples, CLARK of Millinocket, GRAHAM of North Yarmouth, 
HANLEY of Gardiner, HARMON of Palermo, PLUMMER of Windham, SARTY of 
Denmark, Senator: LANGLEY of Hancock. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the right to keep and bear firearms is provided for by the Second 
Amendment to the Constitution of the United States; and 
Whereas, this legislation clarifies the authority of persons acting in an official 
capacity to restrict or seize firearms in times of emergency; and 
Whereas, since it is unknown when a state of emergency may exist next, it is vital 
that this clarification be in place as soon as possible; 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.  25 MRSA §2011, sub-§5 is enacted to read: 
5.  Restrictions on firearms and ammunition prohibited during state of 
emergency.  The provisions of this subsection apply to restrictions on firearms and 
ammunition during a state of emergency, as declared by the Governor pursuant to Title 
37-B, section 742, subsection 1. 
A.  During a state of emergency, notwithstanding any provision of law to the 
contrary, a person acting on behalf or under the authority of the State or a political 
subdivision of the State may not: 
(1)  Prohibit or restrict the otherwise lawful possession, use, carrying, transfer, 
transportation, storage or display of a firearm or ammunition.  The provisions of 
this paragraph regarding the lawful transfer of a firearm or ammunition do not 
apply to the commercial sale of a firearm or ammunition if an authorized person 
has ordered an evacuation or general closure of businesses in the area of the 
business engaged in the sale of firearms or ammunition; 
(2)  Seize or confiscate, or authorize the seizure or confiscation of, an otherwise 
lawfully possessed firearm or ammunition unless the person acting on behalf of 
or under the authority of the State is: 
(a)  Acting in self-defense against an assault; 
(b)  Defending another person from an assault; 
(c)  Arresting a person in actual possession of a firearm or ammunition for a 
violation of law; or 
(d)  Seizing or confiscating the firearm or ammunition as evidence of a 
crime; or 
(3)  Require registration of a firearm or ammunition for which registration is not 
otherwise required by state law. 
B.  An individual aggrieved by a violation of this subsection may seek relief in an 
action at law or in equity for redress against any person who subjects that individual, 
or causes that individual to be subjected, to an action prohibited by this subsection. 
C.  In addition to any other remedy at law or in equity, an individual aggrieved by the 
seizure or confiscation of a firearm or ammunition in violation of this subsection may 
bring an action for the return of the firearm or ammunition in the Superior Court of 
the county in which that individual resides or in which the firearm or ammunition is 
located. 
D.  In an action or proceeding to enforce this subsection, the court shall award a 
prevailing plaintiff costs and reasonable attorney's fees. 
Sec. 2.  37-B MRSA §742, sub-§1, ¶C, as amended by PL 2001, c. 353, §4, is 
further amended to read: 
C.  After the filing of the emergency proclamation and in addition to any other 
powers conferred by law, the Governor may: 
(1)  Suspend the enforcement of any statute prescribing the procedures for 
conduct of state business, or the orders or rules of any state agency, if strict 
compliance with the provisions of the statute, order or rule would in any way 
prevent, hinder or delay necessary action in coping with the emergency; 
(2)  Utilize all available resources of the State Government and of each political 
subdivision of the State as reasonably necessary to cope with the disaster 
emergency; 
(3)  Transfer the direction, personnel or functions of state departments and 
agencies, or units thereof, for the purposes of performing or facilitating 
emergency services; 
(4)  Authorize the obtaining and acquisition of property, supplies and materials 
pursuant to section 821; 
(5)  Enlist the aid of any person to assist in the effort to control, put out or end the 
emergency or aid in the caring for the safety of persons; 
(6)  Direct and compel the evacuation of all or part of the population from any 
stricken or threatened area within the State, if the Governor determines this 
action necessary for the preservation of life or other disaster mitigation, response 
or recovery; 
(7)  Prescribe routes, modes of transportation and destinations in connection with 
evacuations; 
(8)  Control ingress and egress to and from a disaster area, the movement of 
persons within the area and the occupancy of premises therein; 
(9)  Suspend or limit the sale, dispensing or transportation of alcoholic beverages, 
firearms, explosives and combustibles;  
(10)  Make provision for the availability and use of temporary emergency 
housing; 
(11)  Order the termination, temporary or permanent, of any process, operation, 
machine or device which may be causing or is understood to be the cause of the 
state of emergency for which this proclamation was made; and 
(12)  Take whatever action is necessary to abate, clean up or mitigate whatever 
danger may exist within the affected area. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill prohibits a person acting on behalf or under the authority of the State or a 
political subdivision of the State from prohibiting or restricting the otherwise lawful 
possession, use, carrying, transfer, transportation, storage or display of a firearm or 
ammunition during a declared state of emergency.  This bill also removes the power of 
the Governor to suspend or limit the sale, dispensing and transportation of firearms 
during a declared state of emergency.