An Act Regarding the Disposition of Firearms in State Custody
Maine Legislature, Session 126, LD 1182
Committee: Criminal Justice and Public Safety
Sponsors: TIMBERLAKE, MASON, BEAR, BLACK, CRAFTS, CRAY, DILL, GIFFORD, LONG, SHAW
Amends: 25 MRSA §3503-A

Legislative Document 
No. 1182 
H.P. 826 
House of Representatives, March 26, 2013 
An Act Regarding the Disposition of Firearms in State Custody 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative TIMBERLAKE of Turner. 
Cosponsored by Senator MASON of Androscoggin and 
Representatives: BEAR of the Houlton Band of Maliseet Indians, BLACK of Wilton, CRAFTS 
of Lisbon, CRAY of Palmyra, DILL of Old Town, GIFFORD of Lincoln, LONG of Sherman, 
SHAW of Standish. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  25 MRSA §3503-A, as amended by PL 2003, c. 657, §11, is repealed and 
the following enacted in its place: 
§3503-A.  Disposition of firearms and ammunition 
1.  Disposition of firearm and ammunition forfeited to or acquired by the State.  
Notwithstanding any other provision of this chapter, a law enforcement agency in 
possession of a firearm or ammunition that is covered by this chapter; Title 15, section 
3314 or chapter 517; or Title 17-A, section 1158-A; that was originally acquired by the 
State or a political subdivision of the State for use by the State or political subdivision of 
the State that is no longer needed; or that was turned in by a member of the public shall 
transfer the firearm or ammunition to the Department of Public Safety to be: 
A.  Auctioned to a dealer as defined in 18 United States Code, Section 921(9)(11); 
B.  Used for training or experimental purposes; 
C.  Destroyed; or 
D.  Transferred to the Maine State Police Crime Laboratory for training or 
experimental purposes, the Maine State Museum or an appropriate historical society. 
A firearm or ammunition under this section that the department determines is unsafe for 
use because of wear, damage, age or modification must be destroyed or transferred 
pursuant to paragraph C or D at the determination of the department.  All other firearms 
or ammunition under this section must be disposed of pursuant to paragraph A, B or D. 
2.  Determination of owner.  Prior to disposition of a firearm or ammunition 
transferred to the Department of Public Safety under subsection 1, the department shall 
determine if the firearm or ammunition has been lost by or stolen or otherwise unlawfully 
obtained from an owner not involved in a crime.  If the department determines that the 
firearm or ammunition was lost by or stolen or unlawfully obtained from an owner not 
involved in a crime, the department shall return the firearm or ammunition to the owner 
unless the owner is ineligible to receive or possess a firearm or ammunition under state or 
federal law. 
3.  Auction.  The Department of Public Safety shall hold an auction under subsection 
1, paragraph A either on the Internet on a rolling basis or at a live event that may be held 
up to twice a year.  An employee of the Bureau of State Police or of the law enforcement 
agency from which the firearm or ammunition was received may not bid in an auction 
held under this subsection. The Department of Public Safety may retain from the 
proceeds of an auction under subsection 1, paragraph A an amount to reimburse the 
department for the administration of this section with the remainder to be transferred to 
the Treasurer of State to be used by the Department of Education for the purpose of 
purchasing new textbooks or instructional software for students or to augment physical 
education in elementary and secondary schools, except that the Department of Public 
Safety may retain the entire proceeds of the auction of a firearm or ammunition originally 
acquired by the State or political subdivision of the State for use by the State or political 
subdivision of the State. 
4.  Immunity from liability.  The State may not be held liable to any person for 
personal injuries or damage to property arising from the sale of a firearm or ammunition 
at an auction under subsection 1, paragraph A unless the State acted with gross 
negligence or recklessness involving the sale. 
5.  Records.  The Department of Public Safety shall keep records of all firearms and 
ammunition disposed of pursuant to subsection 1, including the details of the disposition 
for each firearm or ammunition. 
SUMMARY 
This bill amends the provisions of law concerning the disposal of firearms and 
ammunition by the State to: 
1.  Include the disposition of firearms and ammunition acquired by the State or a 
political subdivision that are no longer needed or that are turned in by a member of the 
public; 
2.  Require all law enforcement agencies to transfer any forfeited or no longer needed 
firearms and ammunition to the Department of Public Safety; 
3. Clarify that the Department of Public Safety may transfer firearms and ammunition 
to the Maine State Police Crime Laboratory or the Maine State Museum; 
4.  Require the Department of Public Safety to hold up to 2 firearm and ammunition 
auctions a year and require that only unsafe firearms or ammunition be destroyed or 
transferred to the Maine State Police Crime Laboratory or the Maine State Museum; 
5.  Place conditions on the auction of firearms and the use of the proceeds; 
6.  Make the State immune from liability for the sale of a firearm or ammunition at 
auction; and 
7.  Require the Department of Public Safety to keep records of the disposition of all 
firearms and ammunition disposed of pursuant to the provisions of this bill.