An Act Designating the Chief of the State Police as the Only Issuing Authority of a Pennit To Carry a Concealed Handgun
Maine Legislature, Session 126, LD 0222
Committee Amendment CA_A-SA_A_S470 (Senate)
Amends: 12 MRSA §756, 12 MRSA §1803, 12 MRSA §11212, 12 MRSA §11403, 15 MRSA §292, 25 MRSA §2001-A, 25 MRSA §2002, 25 MRSA §2003, 25 MRSA §2004, 25 MRSA §2005, 26 MRSA §600

SENATE AMENDMENT" A "to COMMITTEE AMENDMENT "A" to H.P. 183, 
L.D. 222, Bill, "An Act Designating the Chief of the State Police as the Only Issuing 
Authority of a Pennit To Carry a Concealed Handgun" 
Amend the amendment by striking out all of sections 1 to 12 and inserting the 
following: 
'Sec. 1. 12 MRSA §756, sub-§3, ~C, as enacted by PL 2009, c. 607, §1, is 
repealed . 
. 15 
Sec. 2. 12 MRSA §1803, sub-§7, as amended by PL 2013, c. 405, Pt. A, §24 and 
c. 424, Pt. A, §4, is further amended to read: 
7. Exceptions. Notwithstanding subsection 6 or any other rule-making authority, the 
bureau may not adopt rules that prohibit the following persons who are legally entitled to 
possess a firearm from carrying a concealed handgun in the buildings or parts of 
buildings and other public property that are under the bureau's jurisdiction;.. Nothing in 
this section may be construed to permit the carrying or possession of a firearm where 
prohibited by state or federal law. 
A. A person to whom a valid permit to carry a concealed handgun has been issued 
under Title 25, chapter 252. The person must have in that person's possession the 
valid permit; 
B. A person to '""hom a valid permit to carry a concealed handgun has been issued by 
another state if a permit to carry a concealed handgun issued from that state has been 
granted reciprocity under Title 25, chapter 252. 
The person must have in that 
person's possession the valid permit; 
C. An authorized federal, state or local law enforcement officer in the perfonnance 
of that officer's official duties; 
D. A qualified laY,' enforcement officer pursuant to 18 URited 8tates Code, Section 
92eB. The la'll enforcement officer must have in that lavi enforcement officer's 
possession photographic identification issued by the la;v enforcement agency by 
which the nerson is emnloved as a law enforcement officer: and 
SENA TE AMENDMENT 
\\.o~~ 
SENATE AMENDMENT "A "to COMMITTEE AMENDMENT "A" to H.P. 183. L.D. 222 
E. A qualified retired la\v enforcement officer pursuant to 18 United £tates Code, 
£ectioR 926G. The retired law eRforcemeRt officer must have in the retired 1&\'1 
eRforcemeRt officer's possessioR: 
(1) 
Photographic ideRtificatioR issued by the hnv eRforcemeRt agency from 
which the persoR retired from service as a law eRforcemeRt officer that iRdieates 
that the person has, Rot less receRtly thaR ORe year before the date the perSOR 
carries the cORcealed haRdguR, beeR tested or otherwise found by the agcRcy to 
meet the stasdards established by the ageRCY for trainiRg asd qualificatioR for 
active law eRforeement officers to carry a haRdguR of the sa-me type as the 
cORcealed hasdguR; or 
(2) 
Photographic identificatioR issued by thc law enforccmeRt agcRc), from 
which thc perSOR retired from service as a law eRforcement officer and a 
certificatioR issued by the state iR which the perSOR resides that indicatcs that the 
pcrSOR eas, ROt less receRtly tean one year before tee date tee person carries tee 
cORcealed hasdguR, been tested or oteenvise fouad by that state to Illeet tee 
stasdards establiseed by that state for traiRing asd qualificatioR for active lavi 
enforcement officers to carry a eandgun of the same type as tee concealed 
HfinASl'lln. 
Sec. 3. 12 MRSA §11212, sub-§l, as amended by PL 2005, c. 477, §9, is further 
amended to read: 
1. Prohibition. The following provisions apply to shooting from a motor vehicle or 
motorboat or possessing a loaded firearm or a crossbow in a motor veeicle. 
A. A person may not shoot while in or on a motor vehicle or motorboat or while in 
or on a trailer or other type of vehicle being hauled by a motor vehicle except: 
(1) A person may hunt migratory waterfowl from a motorboat in accordance 
with federal regulations; 
(2) Paraplegics and single or double amputees of the legs may shoot from motor 
vehicles that are not in motion; aaa 
(3) A person may shoot from a motorboat if that boat is not being propelled by 
its motor~; and 
(4) A person may shoot from a motor vehicle or motorboat or while in or on a 
trailer or other type of vehicle being hauled by a motor vehicle in defense of life 
or property. 
B. A person may Rot, 'i'lhile iR or 01'1 a motor vehicle or iR or on a trailer or other type 
of vehicle being hauled by a motor vehicle, have a cocked aRd armed crossbow or a 
firearm with a catiridge or seell in the chamber or in as attached magaziRe, clip or 
cyliRder or a muzzle 10adiRg firearm charged with povlder, lead asd a primed igaition 
device or mechanism, eJfcept that a person who has a valid Maine pennit to carry a 
cORcealed weapoR may have iR or OR a motor vehicle or trailer a loaded pistol or 
revolver covered 1'1'1 that nermit. 
SENATE AMENDMENT 
~#'6 
SENATE AMENDMENT ".A "to COMMITTEE AMENDMENT "A"to RP. 183, L.D. 222 
C. 
A person may not possess a wild animal or wild bird taken in violation of 
paragraph A ef-B, except as otherwise provided in this Part. 
Sec. 4. 12 MRSA §11403, suh-§2, ~, as amended by PL 2011, c. 298, §1, is 
further amended to read: 
B. A person may not carry fiream1s of any kind while hunting any species of wildlife 
with bow and arrow during the regular archery-only season on deer, eJwept that a 
persos ';r,41o holds a licesse that allo",;s hustisg v/ith firearms may carry a hasdgus. 
This paragraph may not be construed to prohibit a person who holds a valid permit to 
carry a coscealed hasdgus pursuast to Title 25, sectios 2003 from carrying a 
handgun for self-defense. 
Sec. 5. 15 MRSA §292 is repealed. 
Sec. 6. 25 MRSA §2001-A, as amended by PL 2011, c. 691, Pt. A, §24, IS 
repealed and the following enacted in its place: 
§2001-A. Threatening display of weapon 
1. 
Threatening display of weapon. 
A person may not, unless excepted by a 
provision of law, display in a threatening manner a firearm, slungshot, knuckles, bowie 
knife, dirk, stiletto or other dangerous or deadly weapon usually employed in the attack 
on or defense of a person. 
3. Permitless carrying of weapon. Nothing in this section may be construed to 
impose a general prohibition on the permitless carrying, whether concealed or 
unconcealed, of a dangerous or deadly weapon, including a loaded fireann. 
Sec. 7. 25 MRSA §2002, suh-§9, ~A, as enacted by PL 1993, c. 524, §2, is 
amended to read: 
A. To a legal resident of a municipality: 
(l) The mayor asd musicipal officers or couscilors of a city, the musicipal 
officers or cOURcilors of a tovm or the assessors of a plamatios or, if they so 
choose, their full time chiefofpolice as their designee full-time chief of police of 
a municipality; or 
(2) The Chief of the State Police as the designee of the municipal officers under 
section 2002 A: 
(3) The Chief of the State Police if the municipality does not have a full-time 
chief of police, unless the municipality has a contract with the county sheriff of 
the county where the municipality is primarily located to provide continuous full-
time law enforcement services to that municipality, in which case the county 
sheriff is the issuing authority; 
Sec. 8. 25 MRS A §2002-A, as amended by PL 1993, c. 524, §4, is repealed. 
Sec. 9. 25 MRSA §2003, as amended by PL 2011, c. 298, §7, is fUliher amended 
to read: 
SENA TE AMENDMENT 
~o~'6 
SENATE AMENDMENT "A" to COMMITTEE AMENDMENT "A" to H.P. 183, L.D. 222 
§2003. Optional permits to carry concealed handguns 
1. Criteria for issuing optional permit. The issuing authority shall, upon written 
application, issue a an optional permit to carry concealed handguns to an applicant over 
whom it has issuing authority and who has demonstrated good moral character and who 
meets the following requirements: 
A. Is 18 years of age or older; 
B. Is not disqualified to possess a firearm pursuant to Title 15, section 393, is not 
disqualified as a permit holder under that same section and is not disqualified to 
possess a firearm based on federal law as a result of a criminal conviction; 
B-1. If a nonresident, has a valid concealed handgun pemlit from that nonresident's 
state of residency. This paragraph does not apply to a nonresident whose state of 
residency does not require a permit to carry a concealed handgun; 
D. Submits an application that contains the following: 
(1) Full name; 
(2) Full current address and addresses for the prior 5 years; 
(3) The date and place of birth, height, weight, color of eyes, color of hair, sex 
and race; 
(4) A record of previous issuances of, refusals to issue and revocations of a 
permit to carry concealed firearms, handguns or other concealed weapons by any 
issuing authority in the State or any other jurisdiction. The record of previous 
refusals alone does not constitute cause for refusal and the record of previous 
revocations alone constitutes cause for refusal only as provided in section 2005; 
and 
(5) Ans'i'/ers Subject to subsection 2-A, answers to the following questions: 
(a) Are you less than 18 years of age? 
(b) Is there a formal charging instrument now pending against you in this 
State for a crime under the laws of this State that is punishable by 
imprisonment for a term of one year or more? 
(c) Is there a formal charging instrument now pending against you in any 
federal court for a crime under the laws of the United States that is 
punishable by imprisonment for a tenn exceeding one year? 
(d) Is there a formal charging instrument now pending against you in another 
state for a crime that, under the laws of that state, is punishable by a tenn of 
imprisonment exceeding one year? 
(e) If your answer to the question in division (d) is "yes," is that charged 
crime classified under the laws of that state as a misdemeanor punishable by 
a term of imprisonment of2 years or less? 
SENATE AMENDMENT 
~crt~ 
SENATE AMENDMENT ,A" to COMMITTEE AMENDMENT "A" to H.P. 183, L.D. 222 
(f) Is there a formal charging instrument pending against you in another state 
for a crime punishable in that state by a term of imprisonment of 2 years or 
less and classified by that state as a misdemeanor, but that is substantially 
similar to a crime that under the laws of this State is punishable by 
imprisonment for a term of one year or more? 
(g) Is there a fonnal charging instrument now pending against you under the 
laws of the United States, this State or any other state or the Passamaquoddy 
Tribe or Penobscot Nation in a proceeding in which the prosecuting authority 
has pleaded that you committed the crime with the use of a firealID against a 
person or with the use of a dangerous weapon as defined in Title 17-A, 
section 2, subsection 9, paragraph A? 
(h) Is there a formal charging instrument now pending against you in this or 
any other jurisdiction for a juvenile offense that, if committed by an adult, 
would be a crime described in division (b), (c), (d) or (f) and involves bodily 
injury or threatened bodily injury against another person? 
(i) Is there a formal charging instrument now pending against you in this or 
any other jurisdiction for a juvenile offense that, if committed by an adult, 
would be a crime described in division (g)? 
(j) Is there a formal charging instrument now pending against you in this or 
any other jurisdiction for a juvenile offense that, if committed by an adult, 
would be a crime described in division (b), (c), (d) or (f), but does not 
involve bodily injury or threatened bodily injury against another person? 
(k) Have you ever been convicted of committing or found not criminally 
responsible by reason of mental disease or defect of committing a crime 
described in division (b), (c), (f) or (g)? 
(1) Have you ever been convicted of committing or found not criminally 
responsible by reason of mental disease or defect of committing a crime 
described in division (d)? 
(m) If your answer to the question in division (1) is "yes," was that crime 
classified under the laws of that state as a misdemeanor punishable by a tenn 
of imprisonment of 2 years or less? 
(n) Have you ever been adjudicated as having committed a juvenile offense 
described in division (h) or (i)? 
(0) Have you ever been adjudicated as having committed a juvenile offense 
described in division (j)? 
(p) Are you currently subject to an order of a Maine court or an order of a 
court of the United States or another state, territory, commonwealth or tribe 
that restrains you from harassing, stalking or threatening your intimate 
partner, as defined in 18 United States Code, Section 921(a), or a child of 
your intimate partner, or from engaging in other conduct that would place 
SENA TE AMENDMENT 
\\.o~s 
SENATE AMENDMENT "A" to COMMITTEE AMENDMENT "A" to H.P. 183, L.D. 222 
your intimate partner in reasonable fear of bodily injury to that intimate 
partner or the child? 
(q) Are you a fugitive from justice? 
(r) Are you a drug abuser, drug addict or drug dependent person? 
(s) 
Do you have a mental disorder that causes you to be potentially 
dangerous to yourself or others? 
(t) Have you been adjudicated to be an incapacitated person pursuant to Title 
18-A, Article 5, Parts 3 and 4 and not had that designation removed by an 
order under Title 18-A, section 5-307, subsection (b)? 
(u) Have you been dishonorably discharged from the military forces within 
the past 5 years? 
(v) Are you an illegal alien? 
(w) Have you been convicted in a Maine comi of a violation of Title 17 -A, 
section 1057 within the past 5 years? 
(x) Have you been adjudicated in a Maine comi within the past 5 years as 
having cOimnitted a juvenile offense involving conduct that, if committed by 
an adult, would be a violation of Title 17-A, section 1057? 
(y) To your knowledge, have you been the subject of an investigation by any 
law enforcement agency within the past 5 years regarding the alleged abuse 
by you of family or household members? 
(z) Have you been convicted in any jurisdiction within the past 5 years of 3 
or more crimes punishable by a term of imprisonment of less than one year or 
of crimes classified under the laws of a state as a misdemeanor and 
punishable by a term of imprisonment of 2 years or less? 
(aa) Have you been adjudicated in any jurisdiction within the past 5 years to 
have committed 3 or more juvenile offenses described in division (o)? 
(bb) 
To your knowledge, have you engaged within the past 5 years in 
reckless or negligent conduct that has been the subject of an investigation by 
a governmental entity? 
(cc) Have you been convicted in a Maine court within the past 5 years of any 
Title 17-A, chapter 45 drug crime? 
(dd) Have you been adjudicated in a Maine court within the past 5 years as 
having committed a juvenile offense involving conduct that, if committed by 
an adult, would have been a violation of Title 17 -A, chapter 45? 
(ee) Have you been adjudged in a Maine court to have committed the civil 
violation of possession of a useable amount of marijuana, butyl nitrite or 
isobutyl nitrite in violation of Title 22, section 2383 within the past 5 years? 
SENATE AMENDMENT 
~o~'6 
SENATE AMENDMENT ".A. "to COMMITTEE AMENDMENT "A" to H.P. 183, L.D. 222 
(ff) Have you been adjudicated in a Maine court within the past 5 years as 
having committed the juvenile crime defined in Title 15, section 3103, 
subsection 1, paragraph B of possession of a useable amount of marijuana, as 
provided in Title 22, section 2383?; and 
E. Does the following: 
(1) At the request of the issuing authority or the State Police, takes whatever 
action is required by law to allow the issuing authority or the State Police to 
obtain from the Department of Health and Humafl £eP/ices, limited to records of 
patient committals to Riverview Psychiatric Center and Dorothea Dix Psychiatric 
Center or any other state mental health institute or nonstate mental health 
institution within the State, the courts, law enforcement agencies and the military 
information relevant to the following: 
(a) The ascertainment of whether the information supplied on the application 
or any documents made a part of the application is true and correct; 
(b) The ascertainment of whether each of the additional requirements of this 
section has been met; and 
(c) Section 2005; 
(2) If a photograph is afI integral part of the permit to carry cOflcealed hafldgufls 
adopted by afI issuiflg authority, submits At the request of the issuing authority, 
submits to being photographed for that purpose a pennit to carry a concealed 
handgun; 
(3) If it becomes necessary to resolve any questions as to identity, submits to 
having fingerprints taken by the issuing authority; 
(4) Submits an application fee along with the Wlitten application to the proper 
issuing authority pursuant to the following schedule: 
(a) Resident of a municipality or unorganized territory, ~ 
$52.50 for an 
original application and $-2.() $52.50 for a renewal, except that a person who 
paid $60 for a concealed firearms permit or renewal during 1991 or 1992 is 
entitled to a credit toward renewal fees in an amount equal to $30 for a 
person who paid $60 for an original application and $45 for a person who 
paid $60 for a pennit renewal. The credit is valid until fully utilized; ana 
(b) Nonresident, $6G $120 for an original or renewal application; and 
(c) Resident, $15 to replace a valid concealed handgun permit issued on or 
before January 1, 2016 with a pennit issued under subsection 9; and 
(5) Demonstrates to the issuing authority a knowledge of handgun safety. The 
applicant may fully satisfy this requirement by submitting to the issuing 
authority, through documentation in accordance with this subparagraph, proof 
that the applicant has within 5 years prior to the date of application completed a 
course that included handgun safety offered by or under the supervision of a 
federal, state, county or municipal law enforcement agency or a firearms 
SENA TE AMENDMENT 
~~~ 
SENATE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to H.P. 183, L.D. 222 
instructor certified by a private firearms association recognized as knowledgeable 
in matters of handgun safety by the issuing authority or by the state in which the 
course was taken. 
A course completion certificate or other document, or a 
photocopy, is sufficient if it recites or otherwise demonstrates that the course 
meets all of the requirements of this subparagraph. 
As an alternative way of fully satisfying this requirement, an applicant may 
personally demonstrate knowledge of handgun safety to an issuing authority, if 
the issuing authority is willing to evaluate an applicant's personal demonstration 
of such knowledge. The issuing authority is not required to offer this 2nd option. 
The demonstration of knowledge of handgun safety to the issuing authority may 
not be required of any applicant who holds a valid state permit to carry a 
concealed firearm as of April 15, 1990 or of any applicant who was or is in any 
of the Anned Forces of the United States and has received at least basic fireanns 
training. 
2. Complete application; certification by applicant. The requirements set out in 
subsection 1, constitute a complete application. By affixing the applicant's signature to 
the application, the applicant certifies the following: 
A. That the statements the applicant makes in the application and any documents the 
applicant makes a part of the application are true and correct; 
A-I. That the applicant understands that an affirmative answer to the question in 
subsection 1, paragraph D, subparagraph (5), division (1) or (0) is cause for refusal 
unless the applicant is nonetheless authorized to possess a firearm under Title 15, 
section 393; 
A-2. 
That the applicant understands that an affirmative answer to subsection 1, 
paragraph D, subparagraph (5), division (p) is cause for refusal if the order of the 
court meets the preconditions contained in Title 15, section 393, subsection 1, 
paragraph D. If the order of the court does not meet the preconditions, the conduct 
underlying the order may be used by the issuing authority, along with other 
information, in judging good moral character under subsection 4; 
B. That the applicant understands that an affirmative answer to one or more of the 
questions in subsection 1, paragraph D, subparagraph (5), divisions (a), (k), (n) or (q) 
to (x) is cause for refusal; 
B-1. That the applicant understands that an affirmative answer to one or more of the 
questions in subsection 1, paragraph D, subparagraph (5), divisions (b) to (j), (m), (y), 
(z) or (aa) to (ff) is used by the issuing authority, along with other information, in 
judging good moral character under subsection 4; and 
C. That the applicant understands any false statements made in the application or in 
any document made a part of the application may result in prosecution as provided in 
section 2004. 
An applicant may provide the applicant's signature by an electronic means approved by 
the State Police. 
SENATE AMENDMENT 
I 
I 
I 
~c#'b 
SENATE AMENDMENT "A "to COMMITTEE AMENDMENT "A" to H.P. 183, L.D. 222 
2-A. Modification of questions. The Attorney General may modify or reword the 
questions in subsection 1, paragraph D, subparagraph (5) to improve readability and 
clarity as long as the subject matter of the questions is retained. The Attorney General 
shall submit any proposed changes to those questions to the joint standing committee of 
the Legislature having iurisdiction over criminal justice and public safety matters for 
review. 
3. Copy of laws furnished to applicant. A copy of this chapter and the definitions 
from othcr chapters that are used in this chapter must be provided to every applicant. 
3-A. 
Model forms. 
The Attorney General shall develop model forms for the 
following: 
A. An application for a resident permit to carry concealed handguns; 
B. An application for a nonresident permit to carry concealed handguns; 
C. 
A resident permit to carry concealed handguns of which a photograph IS an 
integral part; 
D. A resident pennit to carry concealed handguns of which a photograph is not an 
integral part; 
E. A nonresident permit to carry concealed handguns; and 
F. 
Authority to release information to the issuing authority for the purpose of 
evaluating information supplied on the application. 
Baeh An issuing authority shall utilize only the model forms. 
This subsection is repealed January 1, 2016. 
3-B. Model forms; on and after Januarv 1.2016. Beginning January 1, 2016, the 
Attorney General shall develop model forms for the following: 
A. An application for a resident permit to carry concealed handguns; 
B. An application for a nonresident pennit to carry concealed handguns; and 
C. 
Authority to release information to the issuing authority for the pumose of 
evaluating information supplied on the application. 
An issuing authority shall utilize only the model forms, 
4. Good moral character. The issuing authority in judging good moral character 
shall make its determination in writing based solely upon information recorded by 
governmental entities within 5 years of receipt of the application, including, but not 
limited to, the following matters: 
A. Information of record relative to incidents of abuse by the applicant of family or 
household members, provided pursuant to Title 19-A, section 4012, subsection I; 
B. Information of record relative to 3 or more convictions of the applicant for crimes 
punishable by less than one year imprisonment or one or more adjudications of the 
applicant for juvenile offenses involving conduct that, if committed by an adult, is 
punishable by less than one year imprisonment; 
SENA TE AMENDMENT 
~o~~ 
SENATE AMENDMENT "A"to COMMITTEE AMENDMENT "A" to H.P. 183, L.D. 222 
C. Information of record indicating that the applicant has engaged in reckless or 
negligent conduct; or 
D. 
Information of record indicating that the applicant has been convicted of or 
adjudicated as having committed a violation of Title l7-A, chapter 45 or 'fitle 22, 
section 2383, or adjudicated as having committed a juvenile crime that is a violation 
of Title 22, section 2383 or a juvenile crime that would be defined as a criminal 
violation under Title 17-A, chapter 45 if committed by an adult. 
5. Access to confidential records. Notwithstanding that celiain records retained by 
governmental entities are by law made confidential, the records pertaining to patient 
committals to any state mental health institute or nonstate mental health institution, 
including, but not limited to, Riverview Psychiatric Center and Dorothea Dix Psychiatric 
Center, and records compiled pursuant to Title 19-A, section 4012, subsection 1, that are 
necessary to the issuing authority's determination of the applicant's good moral character 
and compliance with the additional requirements of this section and of section 2005 must, 
at the request of the issuing authority, be made available for inspection by and 
dissemination to the issuing authority. 
8. Term of permit. All concealed handgun pennits are valid for 4- Q years from the 
date of issue, unless sooner revoked for cause by the issuing authority. If a pennit 
renewal is issued before the expiration date of the pennit being renewed or within 6 
months of the expiration date of the permit being renewed, the pennit renewal is valid for 
4- Q years from the expiration date of the permit being renewed. 
9. Permit form. Each permit to carry concealed handguns issued must contain By 
January 1, 2016, the State Police shall develop and make available a concealed handgun 
permit that contains the following components: 
The name, the address, a recent 
photograph and.!! physical description of the permit holder; the holder's signature; the 
date of issuance; and the date of expiration. A permit to carry concealed handguns rnay 
additionally contain a photograph of the permit holder if the issuing authority makes a 
photograph an integral part of the permit to carry concealed handguns. An issuing 
authority shall use this form and every issued pennit must include the designated 
information. At the request of an issuing authority, the Secretary of State may provide a 
photograph of the applicant to be incorporated into that applicant's permit to carry a 
concealed handgun. 
10. Validity of permit throughout the State. Pennits issued authorize the person 
to carry those concealed handguns throughout the State. 
11. Permit to be in permit holder's immediate possession. Every permit holder 
shall have the holder's pennit in the hold€r's immediate possession at all times wheR 
carrying a concealed handgtm and shall display the same on demand of any lwi'l 
enforcement officer. 
A person charged "'lith violating this subsection may not be 
adjudicated as hwAng committed a civil violation if that person produces in court the 
concealed handgun permit that '.vas valid at the time of the issuance of a SUHlffions to 
court or, if the holder exhibits the permit to a la'll enforcement officer designated by the 
summonsing officer not later than 24 hours before the time set for the court appearance, a 
cAmnlaint may nAt h~ i""II@JA 
SENATE AMENDMENT 
~c#~ 
SENATE AMENDMENT "./\"to COMMITTEE AMENDMENT "A"to H.P. 183. L.D. 222 
12. Permit for a resident of 5 or more years to be issued or denied within 30 
days; permit for a nonresident and resident of less than 5 years to be issued or 
denied within 60 days. The issuing authority, as defined in this chapter, shall issue or 
deny, and reply in writing as to the reason for any denial, within 30 days of the 
application date in the case of a resident of 5 or more years and within 60 days of the 
application date in the case of a nonresident or in the case of a resident of less than 5 
years. If the issuing authority does not issue or deny a request for a permit renewal 
within the time limits specified in this subsection, the validity of the expired permit is 
extended until the issuing authority issues or denies the renewal. 
13. Fee waiver. An issuing authority may waive the permit fee for a permit issued 
to a law enforcement officer certified by the Maine Criminal Justice Academy. 
14. Lapsed permit. A person may apply for renewal of a permit at the permit 
renewal rate at any time within 6 months after expiration of a permit. A person who 
applies for a pennit more than 6 months after the expiration date of the pennit last issued 
to that person must submit an original application and pay the original application fee. 
15. Duty of issuing authority; application fees. The application fees submitted by 
the applicant as required by subsection 1, paragraph E, subparagraph (4) are subj ect to the 
following. 
A. If the issuing authority is other than the Chief of the State Police, ~ 
$42.50 of 
the fee for an original application and $+&-sf the fee for a renewal and $10 of the fee 
for an application to replace a valid permit with a pennit issued by the State Police on 
or after January 1, 2016 must be paid over to the Treasurer of State. 
B. If the Chief of the ~tate Police is the issuing authority as the designee of a 
municipality under section 2002 A, $25 of the fee for an original application and $15 
of the fee for a renevlal must be paid over to the Treasurer of ~tate. 
C. If the Chief of the State Police is the issuing authority because the applicant is 
either a resident of an unorganized territory or a nonresident, the application fee must 
be paid over to the Treasurer of State. The fee must be atJolied to the exmmses of 
administration incurred by the ~tate Police. 
The fees paid over to the Treasurer of State pursuant to this subsection must be deposited 
in the State Police's licensing and enforcement account to be used solely to cover the 
costs incurred by the State Police for the development and issuance of concealed handgun 
permits. 
16. Application fee; use. The application fee submitted by the applicant as required 
by subsection 1, paragraph E, subparagraph (4) covers the cost of processing the 
application by the issuing authority and the cost of developing the permit to carry 
concealed handguns issued by the issuing authority. 
17. 
Waiver of law enforcement agency record and background check fees. 
Notwithstanding any other provision of law, a law enforcement agency may not charge an 
issuing authority a fee in association with the law enforcement agency's conducting a 
concealed handgun permit applicant record check or background check for the issuing 
authority. 
SENATE AMENDMENT 
~#~ 
SENATE AMENDMENT "A"to COMMITTEE AMENDMENT "A" to H.P. 183, L.D. 222 
18. Submission of information to the State Police. The issuing authority shall 
provide information received from an applicant pursuant to subsection I to the State 
Police for purposes of a criminal history record check, a mental health record check and a 
Department of the Secretary of State, Bureau of Motor Vehicles record check. The State 
Police shall provide the results of its record checks to the issuing authority for 
consideration before the issuing authority makes a final determination on the application. 
Unless the State Police is the issuing authority as provided for in section 2002, subsection 
9, the State Police does not have the authority to approve or deny an application for a 
concealed handgun permit. 
19. 
Confidential database. 
The State Police shall establish and maintain a 
confidential database accessible only by a law enforcement agency or law enforcement 
officers for criminal justice and concealed handgun permit purposes or by court order 
containing the following information about a permit holder or an applicant for a 
concealed handgun permit: 
A. Name: 
B. Address; 
C. Date of birth; 
D. Pennit infonnation; 
E. Status of the pennit; and 
F. Prior action taken on the permit. 
The database must be accessible by a law enforcement agency or law enforcement officer 
at any time. Information about a pennit holder or an applicant must be purged from the 
database within 5 years after the pennit expires or after the period for an appeal on a 
denial or a revocation of a pennit has run. 
20. 
Reciprocity. 
The Chief of the State Police may enter into reciprocity 
agreements with any other states respecting pennits for carrying concealed handguns. 
Reciprocity may be granted with respect to a permit to carry a concealed handgun issued 
from another state if: 
A. 
The other state that issued the permit to carry a concealed handgun has 
substantially equivalent or stricter requirements for the issuance of a pennit to carry a 
concealed handgun; and 
B. The other state that issued the permit to carry a concealed handgun observes the 
same rules of reciprocity regarding a person issued a pennit to carry a concealed 
handgun under this chapter. 
If the Chief of the State Police enters into a reciprocity agreement pursuant to this 
subsection with another state, a valid pennit issued by that state to carry a concealed 
handgun in that state must be recognized in this State. 
21. 
Permitless transport of firearm. 
The availability of a permit to carry a 
concealed handgun under this section or under any other provision of law may not be 
construed to prohibit the permitless transport or carrying of a firearm in a vehicle or on or 
SENATE AMENDMENT 
~ 
o~'6 
SENATE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to H.P. 183, L.D. 222 
about the individual's person, whether the firearm is concealed or unconcealed or loaded 
or unloaded, by a resident or nonresident. 
Sec. 10. 25 MRSA §2004, sub-§2, as enacted by PL 2003, c. 452, Pt. N, §3 and 
affected by Pt. X, §2, is amended to read: 
2. 
Threatening display of dangerous weapon. A person who violates section 
I-A, subsection 1 commits a Class D crime. 
Sec. 11. 25 MRSA §2004, sub-§3, as enacted by PL 2003, c. 452, Pt. N, §3 and 
affected by Pt. X, §2, is repealed. 
Sec. 12. 25 MRSA §2005, sub-§l, VB, as amended by PL 2003, c. 452, Pt. N, §4 
and affected by Pt. X, §2, is repealed. 
Sec. 13. 26 MRSA §600, sub-§l, as amended by PL 2011, c. 537, § 1, is further 
amended to read: 
1. Firearms in vehicles. An employer or an agent of an employer may not prohibit 
an employee TNho has a valid pennit to carry a concealed fire ann under Title 25, chapter 
~ 
who is legally entitled to possess a firearm, part of a firearm, ammunition or 
ammunition components from transporting or keeping a firearm, part of a flreann, 
ammunition or ammunition components in the employee's vehicle as long as the vehicle 
is locked and the fire ann is, part of a flreann, ammunition or ammunition components are 
not visible. This subsection applies to the State as an employer when a state employee's 
vehicle is on property owned or leased by the State. This subsection does not authorize an 
employee or state employee to carry a flreann in a place where carrying a firearm is 
prohibited by law. For purposes of this section, "state employee" means an employee of 
the State within the executive branch, the legislative branch or the judicial branch 
performing services within the scope of that employee's employment.' 
Amend the amendment by striking out all of sections 14 and 15 and inserting the 
following: 
'Sec. 14. Appropriations and allocations. The following appropriations and 
allocations are made. 
PUBLIC SAFETY, DEPARTMENT OF 
Licensing and Enforcement - Public Safety 0712 
Initiative: Provides an allocation of concealed handgun pennit fees to establish and 
maintain a confidential database. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2013-14 
$0 
$0 
2014-15 
$270,136 
$270,136 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SENA TE AMENDMENT 
~~'6 
SENATE AMENDMENT "A "to COMMITTEE AMENDMENT "A" to H.P. 183, L.D. 222 
SUMMARY 
This amendment incorporates the substance of House Amendment "A" to Committee 
Amendment "A," which removed the requirement that a handgun safety course be taken 
within 5 years of applying for a permit to carry a concealed handgun, and House 
Amendment "B" 
to Committee Amendment "A," which establishes so-called 
"constitutional carry" to allow a person not otherwise prohibited from possessing a 
handgun to carry a concealed weapon without a permit. A person may still obtain a 
permit if that person wishes. 
SPONSORED B ~P\ 'VJ'J'\(J'V-
(Senator MAS 
, .) 
COUNTY: Androscoggin 
SENATE AMENDMENT 
Approved: 03/27114 
~ac 
LD 222 
LR 697(10) 
An Act Designating the Chief of the State Police as the Only Issuing Authority of a Permit To Carry a 
Concealed Handgun 
Fiscal Note for Senate Amendment '~' to Committee Amendment "A" 
Sponsor: Sen. Mason of Androscoggin 
Appropriations/ Alloca tions 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2013-14 
$0 
$0 
FY 2014-15 
Projections 
FY 2015-16 
Projections 
FY 2016-17 
($230,300) 
($230,300) 
($230,000) 
($1,099,051) 
($1,099,051) 
($1,099,051) 
This floor amendment removes the requirement for a concealed weapons permit but allows for the issuance of an 
optional permit. It would reduce Other Special Revenue Funds revenue to the Department of Public Safety by 
$1,099,051 in fiscal year 2014-15 as compared to the majority committee amendment. This analysis assumes 10% of 
people would apply for an optional permit. It also removes the Other Special Revenue Funds allocation of $230,000 
in fiscal year 2014-15 for 2 Office Associate II positions and one State Police Detective position contained in the 
majority committee amendment. 
LR0697(10) - Fiscal Note - Page 1 of 1