An Act To Permit the Use of Firearm Noise Suppression Devices in Hunting and To Provide for a Chief Law Enforcement Officer's Certification for Certain Firearms
Maine Legislature, Session 127, LD 0942
Committee: Criminal Justice and Public Safety
Sponsors: MASON, SHAW, COLLINS, DAVIS, WHITTEMORE, DUNPHY, ESPLING, TIMBERLAKE, WOOD
Amends: 12 MRSA §11214, 25 MRSA §2013

Legislative Document 
No. 942 
S.P. 333 
In Senate, March 17, 2015 
An Act To Permit the Use of Firearm Noise Suppression Devices in 
Hunting and To Provide for a Chief Law Enforcement Officer's 
Certification for Certain Firearms 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator MASON of Androscoggin. 
Cosponsored by Representative SHAW of Standish and 
Senators: COLLINS of York, DAVIS of Piscataquis, WHITTEMORE of Somerset, 
Representatives: DUNPHY of Embden, ESPLING of New Gloucester, TIMBERLAKE of 
Turner, WOOD of Sabattus. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §11214, sub-§1, ¶C, as enacted by PL 2003, c. 414, Pt. A, §2 
and affected by c. 614, §9, is repealed. 
Sec. 2.  12 MRSA §11214, sub-§3 is enacted to read: 
3.  Noise suppression device.  An individual in lawful possession of a device to 
suppress or deaden the sound or natural report of a firearm when the firearm is discharged 
may hunt any wild animals or wild birds the individual is licensed to hunt under this 
chapter and for which the firearm is allowed with that device attached to the firearm. 
Sec. 3.  25 MRSA §2013 is enacted to read: 
§2013.  Chief law enforcement officer's certification; certain firearms 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Certification" means the participation and assent of a chief law enforcement 
officer necessary under federal law for the approval of an application to transfer or 
make a firearm. 
B.  "Chief law enforcement officer" means an official or the official's designee who 
the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and 
Explosives or successor agency identifies as eligible to provide certification. 
C.  "Firearm" has the same meaning as in the National Firearms Act, 26 United States 
Code, Section 5845(a). 
2.  Chief law enforcement officer's certification.  Within 15 days of receipt of an 
application for certification, the chief law enforcement officer shall provide the 
certification if the applicant is not prohibited by law from receiving or possessing the 
firearm and is not the subject of a proceeding that could result in the applicant's being 
prohibited by law from receiving or possessing the firearm.  If the chief law enforcement 
officer denies an application for certification under this section, the chief law 
enforcement officer shall provide the applicant with a written notification of the denial 
and the reason for the denial, which may not be based upon a generalized objection to a 
private person's possessing, making or transferring a firearm or to a certain type of 
firearm that is otherwise lawful. 
3.  Criminal history record check; search of premises.  In making a certification 
required by subsection 2, a chief law enforcement officer may require the applicant to 
provide only such information as required by federal or state law to identify the applicant 
and conduct a criminal history record check or to determine the disposition of an arrest or 
proceeding relevant to the applicant's eligibility to lawfully possess or receive a firearm. 
A chief law enforcement officer may not require access to or consent for an inspection of 
any private premises as a condition of making a certification under this section. 
4.  Immunity.  Pursuant to Title 14, section 8111, subsection 1, a chief law 
enforcement officer or employee of the chief law enforcement officer who acts in good 
faith is immune from liability arising from any act or omission in making a certification 
as required by this section. 
5.  Denial; appeal.  An applicant whose request for certification is denied may 
appeal the chief law enforcement officer's decision to the District Court that is located in 
the city or county in which the applicant resides or maintains as the applicant's address of 
record.  The court shall review the chief law enforcement officer's decision to deny the 
certification de novo.  If the court finds that the applicant is not prohibited by law from 
receiving or possessing the firearm and is not the subject of a proceeding that could result 
in such prohibition, the court shall order the chief law enforcement officer to issue the 
certification and award court costs and reasonable attorney's fees to the applicant. 
SUMMARY 
This bill accomplishes the following. 
1.  It removes the prohibition on the use of firearm noise suppression devices when 
hunting and provides that a person who is otherwise lawfully hunting may use such 
devices. 
2.  It establishes a procedure for a person to obtain a chief law enforcement officer's 
certification under federal law for the approval of an application to transfer or make a 
firearm, requires that the certification be provided in a timely fashion unless the applicant 
is ineligible, limits the personal information required from the applicant, establishes a 
right to an appeal in the case of a denial and clarifies that under the Maine Tort Claims 
Act the chief law enforcement officer or an employee of the chief law enforcement 
officer making the certification is immune from liability.