An Act To Amend the Child Endangerment Laws To Include Certain Unauthorized Access to a Loaded Firearm
Maine Legislature, Session 130, LD 0759
Committee: Criminal Justice and Public Safety
Sponsors: DOUDERA, BREEN, BELL, FECTEAU, MILLETT, TALBOT ROSS, WARREN, ZAGER, LIBBY
Amends: 17-A MRSA §554

Legislative Document
No. 759
H.P. 564
House of Representatives, March 5, 2021
An Act To Amend the Child Endangerment Laws To Include 
Certain Unauthorized Access to a Loaded Firearm
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 BREEN of Cumberland and
Representatives: BELL of Yarmouth, Speaker FECTEAU of Biddeford, MILLETT of Cape 
Elizabeth, TALBOT ROSS of Portland, WARREN of Hallowell, ZAGER of Portland, Senator: 
LIBBY of Androscoggin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §554, sub-§1, ¶B-3, as amended by PL 2015, c. 358, §3, is 
further amended to read:
B-3.  Being the parent, foster parent, guardian or other person having the care and 
custody of a child, knowingly deprives the child of necessary health care, with a result 
that the child is placed in danger of serious harm.  Violation of this paragraph is a Class 
D crime; or
Sec. 2.  17-A MRSA §554, sub-§1, ¶B-4 is enacted to read:
B-4.  Stores or leaves on the premises that are under the person's control a loaded 
firearm when that 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, foster parent 
or guardian and the 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.
Violation of this paragraph is a Class D crime; or
Sec. 3.  17-A MRSA §554, sub-§4 is enacted to read:
4.   It is an affirmative defense to prosecution under subsection 1, paragraph B-4 that:
A.  The loaded firearm is:
(1) Stored in a locked box, locked gun safe or other secure, locked space; 
(2) Stored or left in a location that a reasonable person would believe to be secure; 
or 
(3) Secured with a trigger lock or similar device that prevents the firearm from 
discharging;
B.  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;
C.  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, 
subsection 2, paragraph A or B;
D.  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;
E.  A child in fact gains access to the loaded firearm as the result of a criminal trespass 
by any person on the premises where the firearm is stored or left; or
F.  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.
SUMMARY
This bill amends the Maine Criminal Code to specify that storing or leaving a loaded 
firearm on premises under a person's control when the person knows or reasonably should 
know that a child is likely to gain access to that firearm, and the child in fact gains access 
to the loaded firearm and uses it, is considered endangering the welfare of a child and is a 
Class D crime.  The bill provides a number of affirmative defenses to the crime, including 
that the firearm is stored in a locked box or locked gun safe, the child uses the firearm in 
self-defense or defense of others, the person has no reasonable expectation that a child will 
be on the premises and the firearm is obtained by the child as the result of a crime.