An Act To Prohibit Possession of a Replica or Simulated Firearm on or near School Property
Maine Legislature, Session 126, LD 1728
Committee Amendment CA_A_S402 (Senate)
Committee: Education and Cultural Affairs, clarifies provisions proposed in the bill that prohibit the possession of a replica or simulated firearm on or near public or private school property
Amends: 20-A MRSA §6555

COMMITTEE AMENDMENT ".A " to S.P. 686, L.D. 1728, Bill, "An Act To 
Prohibit Possession of a Replica or Simulated Firearm on or near School Property" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Prohibit Possession of a Replica or Simulated Firearm on School 
Property' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 20-A MRSA §6555 is enacted to read: 
§6555. Replica or simulated firearm 
1. Definition. For the purposes of this section, "replica or simulated firearm" means 
an object that: 
A. Is similar in size, color and general appearance to a firearm, excluding objects 
that meet the marking requirements provided in 15 United States Code, Section 
5001(b)(l); 
B. Is not capable of expelling a projectile or is capable of expelling a projectile other 
than by the action of an explosive; and 
C. Could reasonably be mistaken for an actual firearm. 
2. Prohibition. A person may not possess a replica or simulated firearm on public 
school property or the property of an approved private school. 
3. Exception. The prohibition on possession of a replica or simulated firearm under 
subsection 2 does not apply to law enforcement officials or to a person possessing a 
replica or simulated firearm as part of a school-sanctioned program if the program is 
authorized by a written policy adopted by the school's governing body. 
4. Penalty. A person who violates this section commits a civil violation for which a 
fine of not more than $500 may be adjudged.' 
COMMITTEE AMENDMENT 
~. .,. 
COMMITTEE AMENDMENT" A" to S.P. 686, L.D. 1728 
SUMMARY 
This amendment, which is the minority report of the Joint Standing Committee on 
Education and Cultural Affairs, clarifies provisions proposed in the bill that prohibit the 
possession of a replica or simulated firearm on or near public or private school property. 
The amendment includes the following changes to the bill. 
1. It clarifies the definition of "replica or simulated firearm" to provide that the 
object is not capable of expelling a projectile or is capable of expelling a projectile other 
than by the action of an explosive. 
2. It clarifies the definition of "replica or simulated firearm" to provide that the 
object could reasonably be mistaken for an actual firearm. 
3. It provides an exemption from the law for toys, look-alikes and imitation firearms 
that meet the marking conditions established under federal law. 
4. It provides an exception for law enforcement officials. 
5. It removes the provision that prohibits the possession of a replica or simulated 
firearm within 500 feet of public or private school property. 
6. 
It changes the provision that makes the possession of a replica or simulated 
firearm on public or private school property a Class E crime by making that possession a 
civil violation. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/24114 Mac 
LD 1728 
LR 2709(02) 
An Act To Prohibit Possession of a Replica or Simulated Firearm on or near School Property 
Fiscal Note for Bill as Amended by Committee Amendment '}'t' (S-40d.) 
Committee: Education and Cultural Affairs 
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. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LR2709(02) - Fiscal Note - Page 1 of 1