An Act To Promote the Safe Use and Sale of Firearms
Maine Legislature, Session 126, LD 1240
Committee Amendment CA_B_H451 (House)
Amends: 15 MRSA §394, 15 MRSA §455

COMMITTEE AMENDMENT J3" to H.P. 874, L.D. 1240, BiIl, "An Act To 
Promote the Safe Use and Sale of Firearms" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 15 MRSA §394 is enacted to read: 
§394. Sale or transfer of firearms to prohibited person 
1. Unlawful sale or transfer. A person is guilty of selling or transferring a firearm 
to a prohibited person if that person intentionally or knowingly sells or transfers a firearm 
to a person that the seller or transferor knows or believes is prohibited from possessing a 
firearm under section 393. 
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 ffiav $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 psychiatr1c hospital on an emergency basis pursuant to the Maine 
Revised Statutes, Title 34-B, section 3863 who are temporarily prohibited from 
possessing firearms. 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 
determines appropriate. The Chief of the State Police shall report the recommendations 
COMMITTEE AMENDMENT 
~ .. \. 
COMMITTEE AMENDMENT.:8" to H.P. 874, L.D. 1240 
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 firearms by prohibited persons" are amended to read "possession of 
firearms by prohibited persons and unlawful sale or transfer of firearms 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 minority report. The amendment does 
the following. 
1. It creates the Class D crime of the sale or transfer of a firearm to a prohibited 
person. A person is guilty of this crime if that person intentionally or knowingly sells or 
transfers a firearm to another person that the seller or transferor knows or believes is 
prohibited from possessing a firearm. 
2. It increases the penalty from $50 to $1,000 for the civil violation of giving a false 
or fictitious name to a firearms dealer. 
3. It creates a study group to be convened by the Chief of the State Police to review 
and make recommendations regarding the current "blue paper" process as it relates to 
persons 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 
Maine Disa5il1ty RignfsCeIifer ano" any other iilferesfeapames that me Chief of the State 
Police determines appropriate. The study group shall report its recommendations to the 
Joint Standing Committee on Criminal Justice and Public Safety by January 30, 2014. 
Upon 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: 06/05113 
~ac:. 
LD 1240 
LR 1193(03) 
An Act To Promote the Safe Use and Sale of Firearms 
1\ 
Fiscal Note for Bill as Amended by Committee Amendment~ C H -Lf50 
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 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 Attomey 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. 
LRl19~;(03) - Fiscal Note - Page 1 of 1