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 Amendment CA_A_S218 (Senate)
Amends: 12 MRSA §11161, 12 MRSA §11214, 25 MRSA §2013

COMMITTEE AMENDMENT" A "to S.P. 333, L.D. 942, Bill, "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" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRSA §11161 is enacted to read: 
§11161. Noise suppression devices 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Hunting crime" means any criminal offense under this chapter or any criminal 
offense under any other provision of this Part involving the use of a firearm. 
B. "Serious hunting violation" means any act by a person for which the person's 
hunting license is subj ect to revocation under this section or section 10902, 
subsection 4, 5, 6, 7 or 7-A. 
C. "Noise suppression device" means a device used to suppress or deaden the sound 
or natural report of a firearm. 
2. Permit. In accordance with this subsection, the commissioner may issue a permit 
to a person allowing that person to use a noise suppression device with a firearm when 
hunting any wild animals or wild birds the person is licensed to hunt under this chapter 
and for which use of the firearm is allowed or for the purpose of killing a wild animal or 
wild turkey under section 12401 or 12402. 
A. A person applying for a permit: 
(I) Shall show proof of lawful possession of the noise suppression device; and 
(2) May not have had a hunting license revoked as a result of a serious hunting 
violation. 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT" A "to S.P. 333, L.D. 942 
B. A permit is valid until August 1, 2018, unless revoked under this section. 
The commissioner may not issue a permit under this section after July 31, 2018. 
3. Violation; aggravating factor. Except as provided in subsection 4, a person who 
commits a hunting crime while in possession of a firearm with a noise suppression device 
is subject to the following penalties in addition to any penalties otherwise applicable: 
A. A $1,000 mandatory fine; and 
B. Mandatory revocation of the person's hunting license, and that person is ineligible 
to obtain a hunting license for a period of 5 years from the date of conviction. 
4. Serious hunting violation; permanent loss of license. A person who commits a 
serious hunting violation while in possession of a firearm with a noise suppression device 
is subject to the following provisions in addition to any penalties otherwise applicable: 
A. Notwithstanding section 10902, the commissioner shall permanently revoke the 
person's current hunting license and the privilege to obtain a hunting license; and 
B. 
Notwithstanding any exemption under section 10502, the firearm and noise 
suppression device must be seized and, subject to libel proceedings, disposed of 
pursuant to section 10503. 
5. Revocation of permit. The commissioner shall permanently revoke a permit 
issued under this section to a person whose hunting license is revoked as a result of a 
serious hunting violation. 
Sec. 2. 12 MRSA §11214, sub-§l, ~C, as enacted by PL 2003, c. 414, Pt. A, §2 
and affected by c. 614, §9, is amended to read:. 
C. 
Yse Except as allowed under section 11161, use for hunting or possess for 
hunting any firearm fitted or contrived with a device for deadening the sound of 
explosion. This paragraph does not apply to: 
(1) Military organizations authorized by law to bear arms or to the National 
Guard in the performance of its duty; 
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). 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" PI "to S.P. 333, L.D. 942 
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 unless the chief law enforcement officer has information that prevents the 
chief law enforcement officer from providing the certification. 
A. 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. 
B. The denial of an application for certification or a failure or refusal to provide a 
certification in accordance with this section by a chief law enforcement officer may 
be appealed by an applicant in the following manner: 
(1) If the chieflaw enforcement officer is employed by a state agency, the denial 
may be appealed pursuant to Title 5, section 11001 and the Maine Rules of Civil 
Procedure, Rule 80C; and 
(2) If the chief law enforcement officer is not employed by a state agency, the 
denial may be appealed pursuant to the Maine Rules of Civil Procedure, Rule 
80B. 
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.' 
SUMMARY 
This amendment replaces the bill but addresses both of the matters addressed in the 
bill: the use of noise suppression devices while hunting and requirements governing a 
chief law enforcement officer's certification of a federal application to transfer or make a 
firearm. 
The portion of this amendment relating to the use of noise suppression devices: 
1. Until August 1, 2018, allows a person to use a noise suppression device while 
hunting, as long as the person has lawful possession of the device and has not had a 
hunting license revoked as a result of a serious hunting violation; 
2. Provides for enhanced penalties for a person who commits a hunting violation 
while in possession of a firearm with a noise suppression device; 
3. Provides for the permanent revocation of a person's hunting license and the seizure 
and libel of the person's firearm and noise suppression device if the person commits a 
serious hunting violation while in possession of a firearm with a noise suppression 
device; and 
4. Provides definitions of "hunting crime" and "serious hunting violation." 
COMMITTEE AMENDMENT 
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C)\~. 
COMMITTEE AMENDMENT" A" to S.P. 333, L.D. 942 
The portion of this amendment regarding a chief law enforcement officer's 
certification on a person's federal application to transfer or make a firearm, including a 
noise suppression device: 
1. Directs a chief law enforcement officer to provide the certification within 15 days 
of receipt, unless the officer has information that prevents the officer from providing the 
certification. A generalized objection to a person's possessing or transferring a firearm or 
a certain type of firearm is not sufficient; 
2. 
Requires an officer who denies an application for certification to provide in 
writing the reasons for the denial; 
3. 
Clarifies that a denial of an application or refusal or failure to provide a 
certification is a governmental action subject to appeal under the Maine Rules of Civil 
Procedure; and 
4. Limits the information an officer may require from an applicant for certification 
and prohibits the officer from requiring access or consent to inspect any private premises 
as a condition of making a certification. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/31/15 
;tpac.-
LD942 
LR 1796(02) 
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 
Fiscal Note for Bill as Amended by Committee Amendment 'W{S-218) 
Committee: Inland Fisheries and Wildlife 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
The collection of additional fines may increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of Public Safety associated with providing the certification required under this 
legislation can be absorbed within existing budgeted resources. 
LR 1796(02) - Fiscal Note - Page 1 of 1