An Act To Prohibit Untraceable and Undetectable Firearms
Maine Legislature, Session 130, LD 1454
Committee: Criminal Justice and Public Safety
Sponsors: ZAGER, BAILEY, BELL, DOUDERA, HARNETT, MILLETT, MORALES, OSHER, SACHS
Amends: 25 MRSA §2015, 25 MRSA §2016, 25 MRSA §2017

Legislative Document
No. 1454
H.P. 1070
House of Representatives, April 12, 2021
An Act To Prohibit Untraceable and Undetectable Firearms
Received by the Clerk of the House on April 8, 2021.  Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative ZAGER of Portland.
Cosponsored by Representatives: BAILEY of Gorham, BELL of Yarmouth, DOUDERA of 
Camden, HARNETT of Gardiner, MILLETT of Cape Elizabeth, MORALES of South 
Portland, OSHER of Orono, SACHS of Freeport.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  25 MRSA §2015 is enacted to read:
§2015.  Undetectable firearms prohibited
1.  Undetectable firearm defined.  As used in this section, "undetectable firearm" 
means a firearm that can operate while in a form that is not detectable as a security 
exemplar, as defined in 18 United States Code, Section 922(p)(2)(C).
2.  Penalty for manufacture, import, sale or transfer of undetectable firearm.  A 
person who manufactures or causes to be manufactured within this State, who imports into 
this State or who offers, exposes for sale, sells or transfers an undetectable firearm commits 
a Class C crime.
3.  Penalty for possession of undetectable firearm.  A person who knowingly 
possesses an undetectable firearm commits a Class D crime.
4.  Penalty for possession of undetectable firearm in courthouse, school, voting 
place or place of municipal, county or state business.  A person commits a Class C crime 
if that person:
A.  Knowingly possesses an undetectable firearm in a courthouse, on school property 
where the possession of a firearm is prohibited pursuant to Title 20-A, section 6552, in 
a voting place as defined in Title 21-A, section 1, subsection 49 or in a place where 
municipal, county or state business is conducted; or
B.  Possesses an undetectable firearm with the intent to bring that firearm into a 
courthouse, onto school property where possession of a firearm is prohibited pursuant 
to Title 20-A, section 6552, into a voting place as defined in Title 21-A, section 1, 
subsection 49 or into a place where municipal, county or state business is conducted.
Sec. 2.  25 MRSA §2016 is enacted to read:
§2016.  Untraceable firearms prohibited
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Additive manufacturing" means a manufacturing process in which material is 
added in order to produce a product, including, but not limited to, 3-dimensional 
printing, in which layers of material are laid down in succession.
B.  "Downloadable gun" means a firearm manufactured or produced using additive 
manufacturing.
C.  "Downloadable gun code" means digital instructions in the form of computer-aided 
design files or other code or instructions stored and displayed in electronic format as a 
digital model that may be used to manufacture or produce a firearm, firearm receiver, 
magazine or firearm component using additive manufacturing.
D.  "Serial number" means a unique identifying number.
E.  "Serialization" means placing a serial number on a firearm frame or receiver in 
accordance with the procedures for the serialization of a firearm in 18 United States 
Code, Section 923(i) and all regulations issued pursuant to that section, including, but 
not limited to, 27 Code of Federal Regulations, Section 478.92.
F.  "Unfinished frame or receiver" means a frame or lower receiver blank, casting or 
machined body that requires further machining or molding to be used as part of a 
functional firearm and is designed and intended to be used in the assembly of a 
functional firearm.  "Unfinished frame or receiver" does not include a piece of material 
that has had its size or external shape altered solely to facilitate transportation or storage 
or has had only its chemical composition altered.
G.  "Untraceable firearm" means a downloadable gun without a serial number or a 
firearm manufactured, assembled or produced without serialization using an unfinished 
frame or receiver.
2.  Penalty for manufacture, possession, assembly, import, sale or transfer of 
untraceable firearm.  A person who knowingly possesses, manufactures or assembles or 
causes to be manufactured or assembled within this State, imports into this State or offers, 
exposes for sale, sells or transfers an untraceable firearm commits a Class D crime.
3.  Penalty for manufacture, import, sale or transfer of downloadable gun; 
exception.  A person who manufactures or causes to be manufactured within this State, 
imports into this State or offers, exposes for sale, sells or transfers a downloadable gun 
commits a Class D crime unless:
A.  The person has a federal license to manufacture firearms;
B.  The name of the manufacturer and an individual serial number is conspicuously 
placed on the frame or receiver; and
C.  The person maintains records relating to the downloadable gun in accordance with 
the procedures for record keeping related to firearms in 18 United States Code, Section 
923(g) and all regulations issued pursuant to that section, including, but not limited to, 
Code of Federal Regulations, Part 478, Subpart H.
4.  Penalty for importation, sale or transfer of unfinished frame or receiver; 
exception.  A person who imports into this State or offers, exposes for sale, sells or 
transfers an unfinished frame or receiver commits a Class D crime unless:
A.  The person is a federally licensed firearm dealer;
B.  The name of the manufacturer and a serial number is conspicuously placed on the 
unfinished frame or receiver;
C.  The person applies for and receives a certification from the chief law enforcement 
officer in accordance with the procedures specified in section 2013 for the sale of a 
firearm; and
D.  The person maintains records relating to the unfinished frame or receiver in 
accordance with the procedures for record keeping related to firearms in 18 United 
States Code, Section 923(g) and all regulations issued pursuant to that section, 
including, but not limited to, 27 Code of Federal Regulations, Part 478, Subpart H.
5.  Penalty for possession of unfinished frame or receiver that is not serialized; 
exception.  A person who knowingly possesses an unfinished frame or receiver that is not 
serialized commits a Class D crime unless:
A.  The person has a federal license to manufacture firearms; and
B.  The unfinished frame or receiver is an unfinished part within a manufacturing 
process that includes serialization.
6.  Penalty for distribution of or making accessible downloadable gun code; 
exception.  A person who distributes downloadable gun code to another person or makes 
downloadable gun code available such that it can be accessed and downloaded by another 
person commits a Class D crime unless:
A.  The distribution is to a specific individual;
B.  The distributor requests that the chief law enforcement officer provide a 
certification as to the person receiving the downloadable gun code in accordance with 
the procedures specified in section 2013 for the transfer of a firearm and receives the 
certification;
C.  The distributor maintains records relating to the downloadable gun code in 
accordance with the procedures for record keeping related to firearms in 18 United 
States Code, Section 923(g) and all regulations issued pursuant to that section, 
including, but not limited to, 27 Code of Federal Regulations, Part 478, Subpart H; and
D.  The firearm for which the downloadable gun code provides instructions is not 
prohibited under state or federal law, including, but not limited to, prohibitions on 
undetectable firearms.
Sec. 3.  25 MRSA §2017 is enacted to read:
§2017.  Legislative intent regarding restrictions on undetectable or untraceable 
firearms and downloadable gun code
The Legislature finds that undetectable and untraceable firearms are a danger to the 
residents of this State.  The Legislature finds that the restrictions imposed on undetectable 
firearms pursuant to section 2015, on untraceable firearms pursuant to section 2016 and on 
the dissemination of downloadable gun code pursuant to section 2016 are necessary to 
ensure that undetectable and untraceable firearms, as defined in sections 2015 and 2016, 
respectively, are clearly prohibited in the State, except as specifically provided.  The 
Legislature further finds that these restrictions are necessary to discourage and prevent the 
dissemination of firearms that are undetectable in metal detectors and other security 
screening devices, that are untraceable due to the lack of a serial number or other form of 
required firearm identification and that can readily be possessed by those who may not be 
legally able to do so under existing federal and state laws.  The Legislature finds that the 
restrictions imposed pursuant to sections 2015 and 2016 are necessary to prevent the 
widespread possession of these dangerous weapons before they become a prevalent 
problem in this State and a threat to the health and well-being of the residents of this State.
SUMMARY
This bill regulates the manufacture, distribution and possession of undetectable and 
untraceable firearms.  The bill provides definitions of "undetectable firearm" and 
"untraceable firearm" and prohibits the manufacture, import, sale, transfer and possession 
of such firearms with certain exceptions.  The bill also prohibits, with certain exceptions, 
the dissemination of downloadable gun code from which untraceable firearms can be 
manufactured.