An Act To Ensure Nondiscrimination against Gun Owners in Public Housing
Maine Legislature, Session 127, LD 1572
Committee Amendment CA_A_S405 (Senate)

COMMITTEE AMENDMENT " A" to S.P. 620, L.D. 1572, Bill, "An Act To 
Ensure Nondiscrimination against Gun Owners in Public Housing" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Ensure Nondiscrimination against Gun Owners in Certain Federally 
Subsidized Housing' 
Amend the bill in section 1 in §6030-F in subsection 1 by striking out all of 
paragraph B (page I, lines 7 and 8 in L.D.) 
Amend the bill in section 1 in §6030-F in subsection 1 by inserting at the end a new 
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paragraph to read: 
'D. "Subsidized apartment" means a rental unit for which the landlord receives rental 
assistance payments under a rental assistance agreement administered by the United 
States Department of Agriculture under the multifamily housing rental assistance 
program under Title V of the federal Housing Act of 1949 or receives housing 
assistance payments under a housing assistance payment contract administered by the 
United States Department of Housing and Urban Development under the housing 
choice voucher program, the new construction program, the substantial rehabilitation 
program or the moderate rehabilitation program under Section 8 of the United States 
Housing Act of 1937. 
"Subsidized apartment" does not include owner-occupied 
housing accommodations of 4 units or fewer.' 
Amend the bill in section 1 in §6030-F in subsection 1 by relettering any 
nonconsecutive paragraph to read consecutively. 
Amend the bill in section 1 in §6030-F by striking out all of subsection 2 (page 1, 
lines 12 to 17 in L.D.) and inserting the following: 
'2. Prohibition or restriction on firearms prohibited. A rental agreement for a 
subsidized apartment may not contain a provision or impose a rule that requires a person 
to agree, as a condition of tenancy, to a prohibition or restriction on the lawful ownership, 
use or possession of a firearm, a firearm component or ammunition within the tenant's 
COMMITTEE AMENDMENT 
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COMMITfEE AMENDMENT" A· to S.P. 620, L.D. 1572 
specific rental unit. 
A landlord may impose reasonable restrictions related to the 
possession, use or transport of a firearm, a firearm component or ammunition within 
common areas as long as those restrictions do not circumvent the purpose of this 
subsection. A tenant shall exercise reasonable care in the storage of a firearm, a firearm 
component or ammunition.' 
Amend the bill in section 1 in §6030-F by striking out all of subsection 4 (page 1, 
lines 22 to 26 in L.D.) and inserting the following: 
'4. Immunity. Except in cases of willful, reckless or gross negligence, a landlord is 
not liable in a civil action for personal injury, death, property damage or other damages 
resulting from or arising out of an occurrence involving a firearm, a firearm component 
or ammunition that the landlord is required to allow on the property under this section.' 
Amend the bill in section 1 in §6030-F in subsection 5 in the 2nd line (page 1, line 28 
in L.D.) by striking out the following: "federal law" and inserting the following: 'federal 
or state law, rule' 
SUMMARY 
This amendment does the following. 
1. It restricts the application of the bill to a rental unit for which the landlord receives 
federal rent subsidies under the multifamily housing rental assistance program, the 
housing choice voucher program, the new construction program, the substantial 
rehabilitation program or the moderate rehabilitation program. The ability of tenants in 
public housing owned and operated by the State to possess a firearm is addressed by a 
1995 Supreme Judicial Court decision. 
2. It limits the bill's prohibition on firearm restrictions to the tenant's specific rental 
unit and allows a landlord to impose reasonable restrictions related to the possession, use 
or transport of a firearm within common areas as long as those restrictions do not 
circumvent the use or possession of a firearm in the tenant's rental unit. 
3. It modifies the landlord immunity provision to cover civil liability that may arise 
from any firearm, legally or illegally possessed, that the landlord is required to allow on 
the property under the bill. The bill limits the landlord's immunity to cases in which the 
firearm was lawfully owned by the tenant. 
4. It provides that the landlord immunity provision does not cover willfully, 
recklessly or grossly negligent acts by the landlord. The bill exempts the landlord from 
immunity only when that landlord is grossly negligent. 
5. It exempts an owner-occupied housing accommodation of 4 units or fewer from 
the bill's prohibition on firearm restrictions. 
FISCAL NOTE REQUIRED 
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(See attached) 
COMMITTEE AMENDMENT 
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Approved: 03/14/16 
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LD 1572 
LR 2539(02) 
An Act To Ensure Nondiscrimination against Gun Owners in Public Housing 
Fiscal Note for Bill as Amended by Committee Amendment '',d' f',s-Lt_~\ 
Committee: Criminal Justice and Public Safety 
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Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
LR2539(02) - Fiscal Note - Page I of I