An Act to Strengthen Public Safety by Improving Maine's Firearm Laws and Mental Health System
Maine Legislature, Session 131, LD 2224
Committee Amendment CA_A_S687 (Senate)
Amends: 15 MRSA §394, 34-B MRSA §3862-A

COMMITTEE AMENDMENT" 
"to S.P. 953, L.D. 2224, "An Act to Strengthen 
Public Safety by Improving Maine's Firearm Laws and Mental Health System" 
Amend the bill in section 1 in paragraph E-1 in the 2nd line (page 1, line 5 in L.D.) by 
striking out the following: 
and inse1iing the following: 1i 11 
Amend the bill by striking out all of section 2 and inse1iing the following: 
'Sec. 2. 15 MRSA §394, sub-§1, ~-1 is enacted to read: 
B-1. 
11Intentionally
has the same meaning as in Title 17-A, section 35, subsection 1. 
Sec. 3. 15 MRSA §394, sub-§1, ~-2 is enacted to read: 
B-2. 
11Knowingly
has the same meaning as in Title 17-A, section 35, subsection 2. 
Sec. 4. 15 MRSA §394, sub-§1, ~-3 is enacted to read: 
B-3. 
11Recklessly
has the same meaning as in Title 17-A, section 35, subsection 3. 
Sec. 5. 15 MRSA §394, sub-§2, as enacted by PL 2023, c. 305, §1, is amended to 
read: 
2. Sale or transfer prohibited. A person may not kno\Yingly or intentionally~ 
knowingly or recklessly sell or transfer a firearm to a person who is prohibited from 
owning, possessing or having under that person's control a fireann pursuant to section 393 
and who does not have a pe1mit issued under section 393. This subsection does not apply 
to the sale or transfer of an antique fireann. 
Violation of this subsection is a Class :g Q crime.' 
Amend the bill in section 3 in §395 by striking out all of subsection 1 (page 1, lines 19 
to 37 in L.D.) and inse1iing the following: 
11. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" fr" to S.P. 953, L.D. 2224 { $, {o5l) 
A. "Advertisement" means the presentation of a message regarding a firearm for sale 
by a seller that is: 
(1) Broadcast on television or radio: 
(2) Broadly disseminated over the Internet; 
(3) Printed in magazines or newspapers: or 
(4) Displayed on a handbill, poster, sign or placard. 
B. "Buy" means to acquire ownership for moneta1y or other consideration. 
C. "Buyer" means a person who buys from a seller. 
D. "Family member" means a spouse, domestic paitner, parent, stepparent, foster 
parent, child, stepchild, foster child or person related by consanguinity within the 2nd 
degree. 
E. "Federally licensed fireanns dealer" or "dealer" means a person who is licensed or 
is required to be licensed as a dealer under 18 United States Code, Section 923(a)(3). 
F. "Firearm" has the same meaning as in Title 17-A, section 2, subsection 12-A. 
G. "Gun show" means any gathering or exhibition at which any firearm is displayed 
that is: 
(1) Open to the public: 
(2) Not occurring on the permanent premises of a federally licensed firearms 
dealer: and 
(3) Conducted principally for the purposes of transactions. 
H. "Sell" means to transfer ownership for moneta1y or other consideration. 
I. "Seller" means a person who sells to a buyer. 
J. "Transaction" means the transfer of ownership of a fireann from a seller to a buyer.' 
Amend the bill in section 3 in §395 in subsection 2 by striking out all of paragraph B 
(page 2, lines 2 and 3 in L.D.) and inse1ting the following: 
'B. A seller sells to a buyer as a result of an adve1tisement. 1 
Amend the bill in section 11 in paragraph C-1 in subparagraph (1) in the 2nd line (page 
4, line 27 in L.D.) by striking out the following: "was mentally ill and presented" and 
inse1ting the following: 'may be mentally ill and presents' 
Amend the bill in section 11 in paragraph C-1 by striking out all of subparagraph (2) 
(page 4, line 30 in L.D.) and inse1ting the following: 
'(2) An examination under section 3863 has occurred.' 
Amend the bill by striking out all of sections 12 and 13 and inse1ting the following: 
'Sec. 12. 34-B MRSA §3862-A, sub-§2-A is enacted to read: 
2-A. Protective custody warrant for purposes of conducting an assessment. If a 
law enforcement officer is unable to take a person into protective custody to conduct an 
assessment under this section, the law enforcement officer may apply for a protective 
custody warrant. The officer must submit an affidavit of probable cause for a protective 
COMMITTEE AMENDMENT 
&' 
'(f; 
COMMITTEE AMENDMENT" A" to S.P. 953, L.D. 2224 ( S·Ulol) 
custody warrant to a Justice of the Superior Cou1t, a Judge of the District Comt or a justice 
of the peace. 
The justice, judge or justice of the peace shall issue a protective custody warrant and 
promptly transmit that warrant to the officer for execution upon finding the affidavit under 
this subsection is sufficient to establish: 
A. Probable cause to believe that the person may be mentally ill and due to that 
condition presents a likelihood of serious hann; 
B. Probable cause to believe that the person possesses, controls or may acquire a 
dangerous weapon; and 
C. That the officer has made reasonable attempts to take the person into custody 
without a warrant. 
A warrant transmitted by facsimile machine or an electronic warrant transmitted by secure 
electronic means has the same legal effect and validity as an original endorsement signed 
by the justice, judge or justice of the peace. The electronic protective custody warrant or 
paper protective custody warrant may be executed by a law enforcement officer authorized 
to take the person into protective custody as provided in section 3862, subsection 1, 
paragraph B. 
Sec. 13. 34-B MRSA §3862-A, sub-§3, as enacted by PL 2019, c. 411, Pt. A, §1 
and affected by Pt. D, §3, is amended to read: 
3. Notification by medical practitioner and judicial endorsement. A medical 
practitioner shall notify in writing the law enforcement officer or law enforcement agency 
that took the person into protective custody under section 3 862, subsection 1, paragraph B 
that, based on the assessment under subsection 2, paragraph B, the person is found to 
present a likelihood of foreseeable harm. If so notified, the law enforcement officer or law 
enforcement agency shall as soon as practicable seek endorsement by a Superior Comt 
Justice, District Comt Judge, judge of probate or Justice of the Superior Comt, a Judge of 
the District Comt or a justice of the peace of the medical practitioner's assessment and law 
enforcement's declarations that the person was taken into protective custody and that the 
law enforcement officer has probable cause to believe that the person possesses, controls 
or may acquire a dangerous weapon. The judge justice or ju-stiee judge shall promptly 
transmit to the law enforcement officer or agency the decision to endorse or not endorse. 
A decision transmitted electronically has the same legal effect and validity as a signed 
original. An endorsement must authorize law enforcement to execute the authority in 
subsection 4. This section may not be construed to prevent law enforcement from accepting 
a voluntary surrender of dangerous weapons.' 
Amend the bill in section 15 in paragraph A in the 6th line (page 6, line 32 in L.D.) by 
inse1ting after the following: "hearing" the following: 'and the district attorney' 
Amend the bill by striking out all of section 16 and inse1ting the following: 
'Sec. 16. 34-B MRSA §3862-A, sub-§6, ~' as enacted by PL 2019, c. 411, Pt. A, 
§1 and affected by Pt. D, §3, is amended to read: 
B. Within -14 30 days of the notice given under subsection 4, the comt shall hold a 
hearing to determine whether to dissolve or extend the initial restrictions. Upon a 
showing of good cause, the comt may extend the time to hold the hearing. In the 
COMMITTEE AMENDMENT 
&f 
tJ:: 
COMMTITEE AMENDMENT" A" to S.P. 953, L.D. 2224 ( '.:),(Q,((1) . 
hearing determining whether to dissolve or extend the initial restrictions, the district 
attorney has the burden to prove by clear and convincing evidence that the restricted 
person presents a likelihood of foreseeable harm.' 
Amend the bill by striking out all of section 19 and inse1iing the following: 
'Sec. 19. Appropriations and allocations. The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF 
Injury and Violence Prevention Program Z397 
Initiative: Provides one-time funding for a new injury and violence prevention program. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Maine Center for Disease Control and Prevention 0143 
2023-24 
$0 
$0 
2024-25 
$1,032,000 
$1,032,000 
Initiative: Establishes one limited-period Health Program Manager position and one 
limited-period Public Health Education III position through June 12, 2027 and provides 
funding for related All Other costs. 
FEDERAL EXPENDITURES FUND 
Personal Services 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
FEDERAL BLOCK GRANT FUND 
Personal Services 
All Other 
FEDERAL BLOCK GRANT FUND TOTAL 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
FEDERAL EXPENDITURES FUND 
FEDERAL BLOCK GRANT FUND 
DEPARTMENT TOTAL-ALL FUNDS 
2023-24 
$0 
$0 
$0 
2023-24 
$0 
$0 
$0 
2023-24 
$0 
$0 
$0 
$0 
2024-25 
$206,156 
$17,962 
$224,118 
2024-25 
$105,397 
$9,538 
$114,935 
2024-25 
$1,032,000 
$224,118 
$114,935 
$1,371,053 
Amend the bill by relettering or renumbering any nonconsecutive Paii letter or section 
number to read consecutively. 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT" f,r" to S.P. 953, L.D. 2224 { S · /o 31) 
SUMMARY 
This amendment changes the bill in the following ways. 
1. It conects cross-references and makes technical changes for consistency with current 
law. 
2. It defines the culpable mental states for the prohibition on ce1iain sales or transfers 
of a fireann. 
3. It defines 
11adve1iisement
for the purposes of transactions requiring background 
checks. 
4. It requires a justice of the peace, in addition to a Justice of the Superior Comi or a 
Judge of the District Comi, to issue a protective custody warrant when a law enforcement 
officer submits an affidavit of probable cause. 
5. It removes language regarding actions that must be taken when a judge is not 
available when a law enforcement agency seeks endorsement of a medical practitioner's 
assessment. 
6. It requires the comi to notify the district attorney of a hearing regarding a restricted 
person. 
7. It removes the provision in the bill that changes the classification of the crime of 
possession of a dangerous weapon by a restricted person. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/09/24 feac. 
LD 2224 
LR3066(02) 
An Act to Strengthen Public Safety by Improving Maine's Firearm Laws and Mental Health System 
Fiscal Note for Bill as Amended by Committee Amendment ''lfls/t.a8'1\. 
Committee: Judiciary 
• J 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Federal Expenditures Fund 
Federal Block Grant Fund 
Revenue 
Federal Expenditures Fund 
Federal Block Grant Fund 
Correctional and Judicial Impact Statements 
Fiscal Note Required: Yes 
Fiscal Note 
FY2023-24 
$0 
$0 
$0 
$0 
$0 
$0 
FY 2024-25 
$1,032,000 
$1,032,000 
$224,118 
$114,935 
$224,118 
$114,935 
Projections 
FY 2025-26 
$1,032,000 
$1,032,000 
$230,302 
$118,096 
$235,277 
$119,913 
Projections 
FY2026-27 
$1,032,000 
$1,032,000 
$236,672 
$121,353 
$245,925 
$125,120 
Elevates from Class D to Class C the crime of intentionally, knowingly or recklessly selling or transferring a firearm 
to a person who is prohibited from owning, possessing or having under that person's control a firearm. Establishes a 
Class C crime for a seller who is not a federally licensed firearms dealer to complete a transaction unless the seller 
facilitates the transaction through a federally licensed firearms dealer and the dealer performs a background check of 
the seller by using the Federal Bureau oflnvestigation, National Instant Criminal Background Check System. 
This bill may increase the number of civil suits filed in the court system. The additional workload associated with the 
minimal number of new cases does not require additional funding at this time. 
The collection of additional fines and filing fees will increase General Fund or other dedicated revenue by minor 
amounts. 
Fiscal Detail and Notes 
The bill includes General Fund appropriations to the Department of Health and Human Services of $1,032,000 in 
fiscal year 2024-25 to create the new Injury and Violence Prevention Program. The bill also includes one-time Federal 
Expenditures Fund and Federal Block Grant Fund allocations to establish one limited-period Health Program Manager 
position and one limited-period Public Health Education III position through June 12, 2027 and provides funding for 
related All Other costs. 
Any additional costs to the Depaiiment of Public Safety associated with this legislation are expected to be minor and 
can be absorbed within existing budgeted resources. 
LR3066(02) - Fiscal Note - Page 1 of 1