An Act To Allow School Administrative Units To Establish Rules, Procedures and Guidelines for Properly Trained Staff To Carry a Concealed Handgun on School Property while Acting in Their Official Capacities
Maine Legislature, Session 126, LD 1429
Committee: Criminal Justice and Public Safety
Sponsors: BURNS, WILLETTE, PLUMMER, SHERMAN, CRAFTS, DAVIS, GIFFORD, MARKS, SHORT, TURNER
Amends: 20-A MRSA §6552, 20-A MRSA §6552-A, 25 MRSA §2001-A, 25 MRSA §2002

Legislative Document 
No. 1429 
S.P. 515 
In Senate, April 23, 2013 
An Act To Allow School Administrative Units To Establish Rules, 
Procedures and Guidelines for Properly Trained Staff To Carry a 
Concealed Handgun on School Property while Acting in Their 
Official Capacities 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator BURNS of Washington. 
Cosponsored by Representative WILLETTE of Mapleton and 
Senators: PLUMMER of Cumberland, SHERMAN of Aroostook, Representatives: CRAFTS 
of Lisbon, DAVIS of Sangerville, GIFFORD of Lincoln, MARKS of Pittston, SHORT of 
Pittsfield, TURNER of Burlington. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §6552, sub-§2, ¶D is enacted to read: 
D.  The prohibition on the possession and discharge of a firearm does not apply to an 
employee of a school administrative unit who is qualified under this subchapter to 
carry a concealed handgun as long as the school administrative unit has formally 
adopted a concealed handgun program pursuant to section 6552-A that establishes 
rules, procedures and guidelines for properly trained staff to carry concealed 
handguns. 
Sec. 2.  20-A MRSA §6552-A is enacted to read: 
§6552-A.  Concealed handguns carried by school employees 
1.  Adopt rules to allow school employees to carry concealed handguns.  A school 
administrative unit may adopt rules, procedures and guidelines to establish a concealed 
handgun program that allows a qualified school employee to carry a concealed handgun 
on school property after application to and approval by the school board.  A school 
administrative unit electing to establish a program under this section shall require that a 
school employee who elects to participate in the concealed handgun program established 
by the school administrative unit: 
A.  Submit an application to the school board of the school administrative unit in 
which the school employee is employed.  The superintendent of the school 
administrative unit and the principal of the school in which the school employee is 
employed shall submit in writing to the school board their advice and 
recommendations to assist the board in considering the application; 
B.  Successfully complete a firearms training course similar to a firearms training 
course required of all full-time law enforcement officers in the State and receive 
certification through this training; 
C.  Successfully complete an annual requalification exercise with a certified firearms 
instructor in the State; 
D.  Successfully complete training in crisis intervention, hostage situations and use of 
deadly force by a properly trained instructor; and 
E.  Possess a valid permit to carry a concealed handgun from the appropriate issuing 
authority under Title 25, chapter 252. 
2.  Responsibilities of authorized personnel.  The school board of a school 
administrative unit electing to establish a concealed handgun program shall establish in 
writing the duties and responsibilities of a school employee authorized to carry a 
concealed handgun on school property.  The duties and responsibilities established under 
this subsection by the school board must be developed in consultation with local, county 
or state law enforcement representatives, and the resulting written policy must be 
included in the school administrative unit's emergency response document and placed on 
file with the appropriate law enforcement agency whose jurisdiction includes the school 
administrative unit. 
3.  Stipend.  A school administrative unit that establishes a concealed handgun 
program under this section may provide a stipend for a participating school employee. 
4.  Liability insurance.  Liability insurance must be carried on a school employee 
who participates in a concealed handgun program. 
5.  Psychological evaluation.  A school administrative unit establishing a concealed 
handgun program under this section may require that a school employee who applies to 
participate in the program submit to a psychological evaluation.  The psychological 
evaluation must include, at a minimum, evaluation of anxiety, mood, anger, antisocial 
characteristics, ability to accept criticism, ability to communicate, assertiveness, self-
confidence, ability to get along with others, judgment and verbal skills.  If a school 
administrative unit requires a school employee applying to participate in a concealed 
handgun program to submit to a psychological evaluation under this subsection, the 
school administrative unit shall pay the cost of the evaluation. 
6.  Firearms training.  The Maine Criminal Justice Academy shall design an 
appropriate training curriculum for participating school employees, to be administered by 
qualified firearms instructors. The Maine Criminal Justice Academy may offer this 
firearms training during the summer months. 
7.  Retired law enforcement officers.  A school administrative unit may employ as 
security personnel a retired full-time law enforcement officer who has been requalified by 
a certified firearms instructor pursuant to this section.  
8.  Confidentiality of records.  Applications, recommendations and other documents 
related to the participation of school employees in concealed handgun programs 
established under this section are not public records within the meaning of Title 1, section 
402, subsection 3.  Deliberations by a school board on the applications reviewed and the 
selections made under this section may be conducted in executive session pursuant to 
Title 1, section 405, subsection 6, paragraph A.  The names of school employees 
participating in concealed handgun programs established under this section and any 
certification documents are public records. 
9.  Consultation with law enforcement agency.  Prior to establishing a concealed 
handgun program under this section, a school administrative unit shall consult with the 
law enforcement agency whose jurisdiction includes the school administrative unit. 
10.  Identification of personnel; protocols.  A school board of a school 
administrative unit electing to establish a concealed handgun program under this section 
shall include the names of participating personnel and details regarding program 
protocols in the school administrative unit's emergency response document that is filed 
with the law enforcement agency whose jurisdiction includes the school administrative 
unit. 
11.  Changes to program, personnel and protocols.  After implementing a 
concealed handgun program under this section, a school administrative unit shall report 
all material changes to the program, participating personnel and protocols to the law 
enforcement agency whose jurisdiction includes the school administrative unit. 
12.  Voluntary participation.  If a school administrative unit elects to establish a 
concealed handgun program under this section, participation in the program by a school 
employee is voluntary. A school administrative unit or school board may not coerce an 
employee to participate, or censure, criticize or discriminate against an employee who is 
unwilling to or who refuses to participate in the program. 
13.  Referendum.  If at least 10% of the number of voters voting in the last general 
election in the municipalities within a school administrative unit electing to establish a 
concealed handgun program petition the school administrative unit to submit the issue to 
the voters, the municipal officers of each municipality that is a member of a school 
administrative unit electing to establish a concealed handgun program under this  section 
shall place a warrant article substantially as follows on the ballot of a municipal 
referendum in accordance with the referendum procedures applicable to the school 
administrative unit of which the municipality is a member. 
"Article: Do you favor establishing a concealed handgun program that allows a 
qualified school employee to carry a concealed handgun on school property after 
application to and approval by the school board? 
Yes No" 
Sec. 3.  25 MRSA §2001-A, sub-§2, ¶¶H and I, as repealed and replaced by PL 
2011, c. 691, Pt. A, §24, are amended to read: 
H.  A handgun carried by a qualified law enforcement officer pursuant to 18 United 
States Code, Section 926B. The qualified law enforcement officer must have in the 
law enforcement officer's possession photographic identification issued by the law 
enforcement agency by which the person is employed as a law enforcement officer; 
and 
I.  A handgun carried by a qualified retired law enforcement officer pursuant to 18 
United States Code, Section 926C. The qualified retired law enforcement officer must 
have in the retired law enforcement officer's possession: 
(1)  Photographic identification issued by the law enforcement agency from 
which the person retired from service as a law enforcement officer that indicates 
that the person has, not less recently than one year before the date the person 
carries the concealed handgun, been tested or otherwise found by that agency to 
meet the standards established by that agency for training and qualification for an 
active law enforcement officer to carry a handgun of the same type as the 
concealed handgun; or 
(2)  Photographic identification issued by the law enforcement agency from 
which the person retired from service as a law enforcement officer and a 
certification issued by the state in which the person resides that indicates that the 
person has, not less recently than one year before the date the person carries the 
concealed handgun, been tested or otherwise found by that state to meet the 
standards established by that state for training and qualification for an active law 
enforcement officer to carry a handgun of the same type as the concealed 
handgun.; and 
Sec. 4.  25 MRSA §2001-A, sub-§2, ¶J is enacted to read: 
J.  A handgun carried by a properly trained staff member in a school administrative 
unit in which rules, procedures and guidelines have been adopted by the school 
administrative unit pursuant to Title 20-A, section 6552-A. 
Sec. 5.  25 MRSA §2002, sub-§10-B is enacted to read: 
10-B.  Properly trained staff member.  "Properly trained staff member" means an 
employee of a school administrative unit who is qualified to carry a concealed handgun 
under Title 20-A, section 6552-A. 
SUMMARY 
This bill enables school administrative units to establish rules, procedures and 
guidelines to allow a properly trained school employee to carry a concealed handgun on 
school property.  The bill requires a school administrative unit electing to allow an 
employee to carry a concealed handgun on school property to ensure that the employee 
successfully completes a firearms training course and requalifies on an annual basis.  It 
also requires the employee to complete training in crisis intervention and hostage 
situations and use of deadly force, and possess a valid permit to carry a concealed 
handgun.  The bill requires a school administrative unit establishing a concealed handgun 
program to establish in writing the duties and responsibilities of school employees 
authorized to participate in the program.  It also requires that liability insurance be carried 
on each participating employee, whether paid for by the school administrative unit or the 
employee.  The bill enables a school administrative unit to pay a participating employee a 
stipend and to require an employee applying to carry a concealed handgun on school 
property to submit to a psychological evaluation.  It authorizes the Maine Criminal 
Justice Academy to design a firearms training course for school employees who have 
applied to carry concealed handguns on school property.  This bill specifies that 
participation in the program by a school employee is voluntary and provides that if at 
least 10% of the number of voters voting in the last general election petition the school 
administrative unit, the issue will be put to a vote at referendum.