An Act To Protect Children by Requiring the Safe Storage of Loaded Firearms
Maine Legislature, Session 129, LD 0379
Committee: Criminal Justice and Public Safety
Sponsors: DOUDERA, CYRWAY, MOORE
Amends: 17-A MRSA §1059, 25 MRSA §2012

Legislative Document
No. 379
H.P. 288
House of Representatives, January 24, 2019
An Act To Protect Children by Requiring the Safe Storage of 
Loaded Firearms
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative DOUDERA of Camden.
Cosponsored by Senator CYRWAY of Kennebec and
Senator: MOORE of Washington.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §1059 is enacted to read:
§1059.  Unlawful storage of a loaded firearm
1.   A person is guilty of unlawful storage of a loaded firearm if:
A.  The person stores or leaves on premises under the person's control the loaded 
firearm;
B.  The person knows or reasonably should know that a child is likely to gain access 
to the loaded firearm without the permission of the child's parent or guardian; and
C.  A child in fact gains access to the loaded firearm and:
(1)  Uses the loaded firearm in a reckless or threatening manner;
(2)  Uses the loaded firearm during the commission of a crime; or
(3)  Recklessly or negligently discharges the loaded firearm.
2.   It is an affirmative defense to prosecution under subsection 1 that:
A.  A child who in fact gains access to the loaded firearm has completed a course in 
firearm safety offered by or under the supervision of a federal, state, county or 
municipal law enforcement agency or by a firearms instructor certified by a private 
firearms association and recognized as knowledgeable in matters of firearm safety by 
the state in which the course was taken;
B.  The loaded firearm is stored in a locked box, locked gun safe or other secure, 
locked space; is stored or left in a location that a reasonable person would believe to 
be secure; or is secured with a trigger lock or similar device that prevents the firearm 
from discharging;
C.  The loaded firearm is carried on the person or within such close proximity to the 
person that the person can readily retrieve and use the firearm as if the firearm were 
carried on the person;
D.  A child who in fact gains access to the loaded firearm gains access in order to 
defend the child or a 3rd person under the circumstances enumerated in section 108;
E.  The person has no reasonable expectation, based on objective facts and 
circumstances, that a child is likely to be present on the premises where the person 
stores or leaves the loaded firearm;
F.  A child in fact gains access to the loaded firearm as the result of a criminal 
trespass by any person of the premises where the firearm is stored or left; or
G.  A child in fact gains access to the loaded firearm as the result of a theft of the 
firearm by any person from the premises where the firearm is stored or left.
3.   The parent or guardian of a child who is injured by or dies from a discharge of a 
firearm may not be prosecuted under this section unless the parent or guardian acted 
intentionally, knowingly, recklessly or with criminal negligence in failing to secure the 
loaded firearm that was discharged.
4.   For the purposes of this section, "child" means a person under 16 years of age.
5.   Unlawful storage of a loaded firearm is a Class E crime.
Sec. 2.  25 MRSA §2012, sub-§2, as enacted by PL 1991, c. 127, is amended to 
read:
2.  Requirements.  A firearm dealer must:
A.  Include a basic firearm safety brochure with every firearm sold at retail in this 
State, except that the brochure need not be supplied by the firearm dealer if the 
firearm manufacturer provides a basic firearm safety brochure with the firearm.  The 
dealer may collect a charge for the brochure, which may not be greater than the 
dealer's cost to obtain the brochure;
B.  Offer to demonstrate to the purchaser the use of a trigger locking device; and
C.  Post in a conspicuous place information relating to the availability of known local 
voluntary firearm safety programs.; and
D.  Post in a conspicuous place at each purchase counter the following warning in 
bold type, not less than one inch in height: "IT IS IMPORTANT THAT THE 
OWNER OF A FIREARM SEEK FIREARM SAFETY INSTRUCTIONS FROM A 
CERTIFIED FIREARMS INSTRUCTOR AND KEEP FIREARMS SECURED 
FROM UNAUTHORIZED USE."
A firearm dealer who fails to comply with this paragraph commits a civil violation 
for which a fine of not more than $1,000 may be adjudged.
SUMMARY
This bill creates the Class E crime of unlawful storage of a firearm, which a person is 
guilty of if the person stores or leaves on premises under the person's control a loaded 
firearm; the person knows or reasonably should know that a child is likely to gain access 
to the loaded firearm without the permission of the child's parent or guardian; and a child 
in fact gains access to the loaded firearm and uses the loaded firearm in a reckless or 
threatening manner, uses the loaded firearm during the commission of a crime or 
recklessly or negligently discharges the loaded firearm.
The bill also requires a firearm dealer to post a warning at each purchase counter 
regarding the need to secure firearms from unauthorized use.