An Act Prohibiting a Law Enforcement Officer from Confiscating a Firearm under Certain Conditions
Maine Legislature, Session 128, LD 0595
Committee: Criminal Justice and Public Safety
Sponsors: GUERIN, BRADSTREET, CEBRA, JOHANSEN, MAREAN, REED, SUTTON, ROSEN

Legislative Document
No. 595
H.P. 411
House of Representatives, February 16, 2017
An Act Prohibiting a Law Enforcement Officer from Confiscating a 
Firearm under Certain Conditions
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative GUERIN of Glenburn.
Cosponsored by Representatives: BRADSTREET of Vassalboro, CEBRA of Naples, 
JOHANSEN of Monticello, MAREAN of Hollis, REED of Carmel, SUTTON of Warren, 
Senator: ROSEN of Hancock.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  25 MRSA c. 252-B is enacted to read: 
CHAPTER 252-B 
PROHIBITION OF ORDERING CERTAIN ENFORCEMENT ACTIONS 
§2021.  Prohibition of ordering certain enforcement actions 
1.  Civil violation; first offense.  A law enforcement officer who orders a 
subordinate officer or other officer under the supervision of the law enforcement officer, 
pursuant to the authority of a federal law or regulation or an executive order of the 
President of the United States, to seize or confiscate a firearm or firearm accessory or 
ammunition in the possession of a resident of this State commits a civil violation for 
which the fine is $1,000. 
2.  Class D crime; subsequent offenses.  A law enforcement officer who orders a 
subordinate officer or other officer under the supervision of the law enforcement officer, 
pursuant to the authority of a federal law or regulation or executive order of the President 
of the United States, to seize or confiscate a firearm or firearm accessory or ammunition 
in the possession of a resident of this State after having committed a civil violation in 
violation of subsection 1 commits a Class D crime. 
3.  Exceptions.  The provisions of subsections 1 and 2 do not apply to a law 
enforcement officer who orders a subordinate officer or other officer under the 
supervision of the law enforcement officer to seize or confiscate a firearm or firearm 
accessory or ammunition in the possession of a resident of this State if the firearm or 
firearm accessory or ammunition is being used in the commission of a Class A, Class B 
or Class C crime or if the law enforcement officer is assisting a federal law enforcement 
office or agency in conducting an investigative or enforcement action against suspected 
trafficking in scheduled drugs under Title 17-A, chapter 45 or suspected organized 
criminal activities. 
SUMMARY 
This bill prohibits a law enforcement officer from ordering a subordinate officer or 
other officer under the supervision of the law enforcement officer, pursuant to the 
authority of a federal law or regulation or executive order of the President of the United 
States, to seize or confiscate a firearm or firearm accessory or ammunition in the 
possession of a resident of this State.  The bill designates a first violation of the law as a 
civil violation, punishable by a fine of $1,000, and a second violation as a Class D crime.  
The provisions of the bill do not apply to a law enforcement officer who engages in the 
prohibited conduct if the firearm or firearm accessory or ammunition is being used in the 
commission of a Class A, Class B or Class C crime or if the law enforcement officer is 
assisting a federal law enforcement office or agency in conducting an investigative or 
enforcement action against suspected trafficking in scheduled drugs under the Maine 
Revised Statutes, Title 17-A, chapter 45 or suspected organized criminal activities.