An Act Relating to Firearms Exclusions in Certain Locations
Maine Legislature, Session 128, LD 1469
Committee: Criminal Justice and Public Safety
Sponsors: KINNEY, WARD, BRAKEY, CEBRA, O'CONNOR, SKOLFIELD, STETKIS, SUTTON, WOOD, DAVIS
Amends: 25 MRSA §2014

Legislative Document
No. 1469
H.P. 1008
House of Representatives, April 18, 2017
An Act Relating to Firearms Exclusions in Certain Locations
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative KINNEY of Knox.
Cosponsored by Representative WARD of Dedham, Senator BRAKEY of Androscoggin and
Representatives: CEBRA of Naples, O'CONNOR of Berwick, SKOLFIELD of Weld, 
STETKIS of Canaan, SUTTON of Warren, WOOD of Greene, Senator: DAVIS of Piscataquis.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  25 MRSA §2014 is enacted to read: 
§2014.  Assumption of responsibility if firearms prohibited 
1.  Assumption of responsibility.  A person that prohibits the possession of firearms 
on property by an individual otherwise authorized to carry a firearm thereby assumes 
absolute custodial responsibility for the safety and defense of the individual prohibited 
from possessing a firearm while that individual is on that property and while that 
individual is on any property that individual is required to traverse in order to travel to 
and from the location where that individual's firearm is stored. 
2.  Scope of responsibility.  The responsibility under subsection 1 of the person that 
prohibits the possession of firearms on property for the safety and defense of the 
individual prohibited from possessing a firearm extends to artificial and natural hazards 
that are able to be defended against, to the conduct of other invitees, trespassers and 
employees of the person and to vicious animals and wild animals. 
3.  Liability.  The following provisions govern liability of persons responsible under 
subsection 1. 
A.  An individual prohibited from possessing a firearm who is otherwise authorized 
to carry a firearm and who is injured, suffers bodily injury or death or incurs 
economic loss or expense, property damage or any other compensable loss as the 
result of conduct occurring on property on which the possessing of a firearm is 
prohibited has a cause of action against the person that prohibits the possession of 
firearms on that property.  In addition to damages, the individual is entitled to 
reasonable attorney's fees, expert witness costs and other costs necessary to bring the 
cause of action. 
B.  The statute of limitations for a cause of action under paragraph A is 2 years from 
the date of the occurrence giving rise to the damages, loss or injury. 
4.  Requirements to prevail in action.  To prevail in an action brought under this 
section, the plaintiff must show by a preponderance of the evidence that: 
A.  The plaintiff was authorized to carry a firearm at the time of the incident giving 
rise to the action; 
B.  The plaintiff was prohibited from carrying a firearm on the property where the 
incident occurred because the defendant prohibited the possession of firearms on the 
property or the plaintiff was on property that the plaintiff was required to traverse in 
order to travel to and from the location where the plaintiff's firearm was stored and to 
and from property on which the defendant prohibited the possession of firearms when 
the incident occurred; and 
C.  The defendant was not required to prohibit the possession of firearms on the 
property by state or federal law but possession was prohibited by choice of the 
defendant. 
5.  Signs.  A notice or sign posted by the choice of a person stating that firearms are 
prohibited on the property must also contain language citing this section and stating that 
any individual prohibited from possessing a firearm on the property who otherwise would 
carry a firearm on the property is under the custodial responsibility of the person 
prohibiting the possession of firearms. 
6.  Construction.  This section must be liberally construed to effectuate its purpose. 
SUMMARY 
This bill provides that a person that prohibits the possession of firearms on property 
by an individual otherwise authorized to carry a firearm thereby assumes absolute 
custodial responsibility for the safety and defense of the individual prohibited from 
possessing a firearm while that individual is on that property and while that individual is 
on any property that individual is required to traverse in order to travel to and from the 
location where that individual's firearm is stored.  An individual prohibited from 
possessing a firearm who is otherwise authorized to carry a firearm and who is injured, 
suffers bodily injury or death or incurs economic loss or expense, property damage or any 
other compensable loss as the result of conduct occurring on property on which the 
possession of a firearm is prohibited has a cause of action against the person that 
prohibits the possession of firearms on that property.