An Act To Promote the Safe Use and Sale ofFireanns
Maine Legislature, Session 126, LD 1240
Committee Amendment CA_A_H450 (House)
Amends: 15 MRSA §455

COMMITTEE AMENDMENT "it" to H.P. 874, L.D. 1240, Bill, "An Act To 
Promote the Safe Use and Sale ofFireanns" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the foHowing: 
'Sec. 1. 15 MRS A §§394 and 395 are enacted to read: 
§394. Sale or transfer of firearms to prohibited persons; strict liability 
1. Unlawful sale or transfer; strict liability. A person may not sell or transfer a 
fireann to a prohibited person as described in section 393. 
2. Penalty. The following penalties apply to violations of this section. 
A. A person who violates subsection 1 commits a civil violation for which a fine of 
$500 must be adjudged. 
B. 
A person who violates subsection 1 after having been adjudicated as having 
committed a civil violation under subsection 1 commits a Class E crime, which is a 
strict liability crime as defined in Title 17-A, section 34, subsection 4-A. 
3. Affirmative defense. It is an affinnative defense to prosecution under this section 
that the seller or transferor of the fireann requested that a federally licensed fireann 
dealer complete a computerized background check under the Federal Bureau of 
Investigation, National Instant Criminal Background Check System, or successor 
background check system approved by the Attorney General of the United States, on the 
purchaser or transferee prior to the sale or transfer of the fireann and the background 
check indicated that the person was not a prohibited person. 
§39S. Sale or transfer of firearms to prohibited persons; culpable mental state 
1. Unlawful sale or transfer; culpable mental state. A person is guilty of selling 
or transferring a fireann to a prohibited person if that person intentionally or knowingly 
sells or transfers a fireann to a person that the seller or transferor knows or believes is 
prohibited from possessing a fireann under section 393. 
COMMITTEE AMENDMENT 
~o~<:, 
COMMITTEE AMENDMENT "A" to H.P. 874, L.D. 1240 
2. Penalty. A violation ofthis section is a Class D crime. 
Sec. 2. 15 MRSA §455, sub-§2, as enacted by PL 2003, c. 452, Pt. H, §1 and 
affected by Pt. X, §2, is amended to read: 
2. False or fictitious name. A person may not give a false or fictitious name to a 
dealer. A person who violates this subsection commits a civil violation for which a fine 
of $50 fHav $1,000 must be adjudged. 
Sec. 3. Study group to review and make recommendations regarding the 
"blue paper" process related to persons who are temporarily prohibited 
from possessing firearms. The Chief of the State Police shall convene a study group 
to review and make recommendations regarding the so-called blue paper process for 
persons admitted to a psychiatric hospital on an emergency basis pursuant to the Maine 
Revised Statutes, Title 34-B, section 3863 who are temporarily prohibited from 
possessing fireanns. The Chief of the State Police shall invite representatives from the 
following to participate in this review: 
the Office of the Attorney General, the 
Department of Health and Human Services, the Maine Prosecutors Association, the 
Disability Rights Center and any other interested parties that the Chief of the State Police 
detennines appropriate. The Chief of the State Police shall report the recommendations 
of the study group to the Joint Standing Committee on Criminal Justice and Public Safety 
by January 30, 2014. Following receipt of the report, the Joint Standing Committee on 
Criminal Justice and Public Safety may report out a bill to the Second Regular Session of 
the 126th Legislature. 
Sec. 4. Maine Revised Statutes headnote amended; revision clause. In the 
Maine Revised Statutes, Title 15, chapter 15, in the chapter headnote, the words 
"possession of fireanns by prohibited persons" are amended to read "possession of 
fireanns by prohibited persons and unlawful sale or transfer of fireanns to prohibited 
persons" and the Revisor of Statutes shall implement this revision when updating, 
publishing or republishing the statutes.' 
SUMMARY 
This amendment replaces the bill and is the majority report. The amendment does the 
following. 
1. It creates the civil violation of the sale or transfer of a fireann to a prohibited 
person and strict liability Class E crime for a 2nd or subsequent offense of selling or 
transferring a fireann to a prohibited person. The amendment also creates an affinnative 
defense to prosecution under this new civil violation and crime that the seller or transferor 
of the fireann requested a federally licensed fireann dealer to conduct a computerized 
background check under the Federal Bureau of Investigation, National Instant Criminal 
Background Check System on the purchaser or transferee prior to the sale or transfer of 
the fire ann and the background check indicated that the purchaser or transferee was not a 
prohibited person. 
2. It creates the Class D crime of the sale or transfer of a fireann to a prohibited 
person. A person is guilty of this crime if that person intentionally or knowingly sells or 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A "to H.P. 874, L.D. 1240 
transfers a firearm to another person that the seller or transferor knows or believes is 
prohibited from possessing a firearm. 
3. It increases the fine from $50 to $1,000 for the civil violation of giving a false or 
fictitious name to a firearms dealer and makes the fine mandatory. 
4. It creates a study group to be convened by the Chief of the State Police to review 
and make recommendations regarding the so-called blue paper process as it relates to 
persons admitted to a psychiatric hospital on an emergency basis who are temporarily 
prohibited from possessing firearms. Representatives from the following are invited to 
participate in this review: the Office of the Attorney General, the Department of Health 
and Human Services, the Maine Prosecutors Association, the Disability Rights Center 
and any other interested parties that the Chief of the State Police determines appropriate. 
The Chief of the State Police is required to report the recommendations of the study 
group to the Joint Standing Committee on Criminal Justice and Public Safety by January 
30, 2014. Following receipt of the report, the Joint Standing Committee on Criminal 
Justice and Public Safety may report out a bill to the Second Regular Session of the 126th 
Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/05/13 ;tvae 
LD 1240 
LR 1193(02) 
An Act To Promote the Safe Use and Sale of Firearms 
Fiscal Note for Bill as Amended by Committee Amendment ,A, (fI ~t-f 50 j 
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 Class E and Class D crimes. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of the Attorney General, the Department of Health and Human Services and the 
Department of Public Safety associated with participating on the task force and reporting the results can be absorbed 
within existing budgeted resources. 
LRl193(02) - Fiscal Note - Page 1 of 1