An Act To Protect the Firearm Use and Possession Rights of Maine Citizens during an Emergency
Maine Legislature, Session 130, LD 1052
Committee: Criminal Justice and Public Safety
Sponsors: ANDREWS
Amends: 25 MRSA §2011

Legislative Document
No. 1052
H.P. 781
House of Representatives, March 11, 2021
An Act To Protect the Firearm Use and Possession Rights of Maine 
Citizens during an Emergency
(EMERGENCY)
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative ANDREWS of Paris.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the rights of citizens of the State regarding firearms, ammunition and 
related components are necessary for the citizens' security and safety; and
Whereas, during times of emergency, firearms, ammunition and related components 
are even more necessary for citizens' security and safety; and
Whereas, in these times of an extended state of emergency, citizens' security and 
safety is compromised without the protections of this legislation; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  25 MRSA §2011, sub-§5, ¶A, as enacted by PL 2011, c. 626, §1, is 
repealed.
Sec. 2.  25 MRSA §2011, sub-§5, ¶A-1 is enacted to read:
A-1.  The transport, storage, transfer, sale, commerce in, import and export of, 
distribution, repair, maintenance and manufacture of firearms, ammunition and related 
accessories and components, shooting ranges and other goods and services directly 
related to lawful firearm possession, use, storage, maintenance, sale or transfer and 
training in the use of firearms are life-sustaining essential businesses and services for 
the purposes of safety and security during a state of emergency and any other statutorily 
authorized responses to disaster, war, acts of terrorism, riot or civil disorder, public 
health crises or emergencies of whatever kind or nature.
Sec. 3.  25 MRSA §2011, sub-§5, ¶A-2 is enacted to read:
A-2.  Notwithstanding any provision of law to the contrary, a state agency, political 
subdivision or any elected or appointed official or employee of the State or political 
subdivision may not, under any governmental authority or color of law, including any 
statutorily authorized responses to disaster, war, acts of terrorism or emergency:
(1) Prohibit, regulate or curtail the otherwise lawful possession, carrying, sale, 
transportation, transfer, defensive use or other lawful use of any:
(a) Firearm, including any component or accessory of a firearm;
(b) Ammunition, including any component or accessory of ammunition;
(c) Ammunition reloading equipment and supplies;
(d) Personal weapon other than a firearm; or
(2) Seize, commandeer or confiscate any:
(a) Firearm, including any component or accessory of a firearm;
(b) Ammunition, including any component or accessory of ammunition;
(c) Ammunition reloading equipment and supplies; or
(d) Personal weapon other than a firearm;
(3) Suspend or revoke a permit to carry a concealed handgun issued pursuant to 
Title 25, chapter 252, except as expressly authorized in that chapter;
(4) Refuse to accept an application for a permit to carry a concealed handgun for 
which an application has been properly completed pursuant to Title 25, chapter 
252;
(5) Close or limit the operating hours of any entity engaged in the lawful selling or 
servicing of firearms, including components or accessories of firearms, 
ammunition, including any components or accessories of ammunition, ammunition 
reloading equipment and supplies or personal weapons other than firearms, unless 
the closing or limitation of hours applies equally to all forms of commerce within 
the jurisdiction;
(6) Close or limit the operating hours of any indoor or outdoor shooting range that 
is located on state property or other property or any entity engaged in providing 
firearms safety, firearms training, firearms license qualification or requalification, 
firearms safety instructor courses or any similar classes, courses or programs;
(7) Place restrictions or quantity limitations on an entity regarding the lawful sale 
or servicing of any:
(a) Firearm, including any component or accessory of a firearm;
(b) Ammunition, including any component or accessory of ammunition;
(c) Ammunition reloading equipment and supplies; or
(d) Personal weapon other than a firearm;
(8) Require registration of a firearm, ammunition or any component or accessory 
of a firearm or ammunition; or
(9) Suspend, restrict or prohibit otherwise lawful hunting, fishing or trapping 
activities, including the business operations of any entity engaged in facilitating 
lawful hunting or fishing conducted on state or other lands and waters unless the 
suspension, restriction or prohibition is consistent with travel restrictions 
applicable to the general public as a whole, or, for restrictions on state lands or 
waters, restrictions apply equally to all travel or public access to state lands or 
waters or, with private hunting or fishing operations, the suspension, restriction or 
prohibition applies equally to all forms of commerce within the jurisdiction.
The provisions of subparagraphs (1) and (2) do not limit the authority of a law 
enforcement officer to remove a firearm or ammunition from a person pursuant to other 
lawful authority. A law enforcement officer who is acting in the lawful discharge of 
the officer's official duties without a warrant may disarm a lawfully detained individual 
only temporarily and only if the officer reasonably believes it is immediately necessary 
for the protection of the officer or another individual. Before releasing the detained 
individual, the law enforcement officer shall return to the individual any seized firearm, 
ammunition or component of a firearm or ammunition, firearm accessory, ammunition 
reloading equipment and supplies and any personal weapon other than a firearm taken 
from the individual, unless the officer takes the individual into physical custody for 
engaging in suspected criminal activity or for observation pursuant to Title 34-B, 
section 3862 or seizes the item as evidence pursuant to an investigation of the 
commission of a crime.
Sec. 4.  25 MRSA §2011, sub-§5, ¶A-3 is enacted to read:
A-3.  If the Governor declares by executive order a state of emergency, the term of a 
concealed handgun permit with a scheduled expiration date from 60 days immediately 
preceding the executive order to during the period of the state of emergency is extended 
until 120 days after the permit's scheduled expiration date or 90 days after the 
expiration of the state of emergency, whichever is later.  During the period from the 
scheduled expiration date of the permit to the extended expiration date of the permit 
under this paragraph:
(1) The permit is valid for all purposes under the laws of the State and the permit 
holder is considered for all purposes under the laws of the State the holder of a 
valid permit to carry a concealed handgun;
(2) The permit remains subject to the revocation and suspension provisions of 
sections 2005 and 2005-A; and
(3) All other conditions and restrictions otherwise applicable to the permit and the 
permit holder continue to apply.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill declares that the transport, storage, sale and transfer and other activities 
involving firearms, ammunition and components and accessories are considered essential 
businesses and services during a state of emergency declared by the Governor and prohibits 
the regulation, curtailment, seizure or other actions to restrict otherwise lawfully owned 
and possessed firearms, ammunition and related components and accessories and related 
activities during a state of emergency. This bill excepts from the provisions a law 
enforcement officer's seizing a firearm, ammunition or accessories or components while 
detaining an individual for suspected criminal activity pursuant to a warrantless arrest.  This 
bill also suspends the expiration date for concealed handgun permits for a state of 
emergency.