An Act to Allow Certain School Employees to Carry Firearms on School Property
Maine Legislature, Session 131, LD 0052
Committee: Education and Cultural Affairs
Sponsors: FOSTER, HARRINGTON, COSTAIN, PERKINS
Amends: 20-A MRSA §6552, 25 MRSA §2803-A

Legislative Document
No. 52
H.P. 27
House of Representatives, January 4, 2023
An Act to Allow Certain School Employees to Carry Firearms on 
School Property
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative FOSTER of Dexter.
Cosponsored by Senator HARRINGTON of York and
Representatives: COSTAIN of Plymouth, PERKINS of Dover-Foxcroft.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §6552, sub-§2, as repealed and replaced by PL 2009, c. 614, 
§3, is amended to read:
2.  Exceptions.  The provisions under subsection 1 do not apply to the following.:
A.  The prohibition on the possession and discharge of a firearm does not apply to law  
Law enforcement officials.;
B.  The prohibition on the possession of a firearm does not apply to the following 
persons, if the possession is authorized by a written policy adopted by the school board:
(1)  A person who possesses an unloaded firearm for use in a supervised 
educational program approved and authorized by the school board and for which 
the school board has adopted appropriate safeguards to ensure student safety; and
(2)  A person who possesses an unloaded firearm that is stored inside a locked 
vehicle in a closed container, a zipped case or a locked firearms rack while the 
person is attending a hunter's breakfast or similar event that:
(a)  Is held during an open firearm season established under Title 12, Part 13 
for any species of wild bird or wild animal;
(b)  Takes place outside of regular school hours; and
(c)  Is authorized by the school board.;
C.  The prohibition on possession and discharge of a firearm does not apply to a A 
person possessing a firearm at a school-operated gun range or a person discharging a 
firearm as part of a school-sanctioned program at a school-operated gun range if the 
gun range and the program are authorized by a written policy adopted by the school's 
governing body.; and
D.  A school employee who has successfully completed certification and training 
prescribed by the Board of Trustees of the Maine Criminal Justice Academy under 
Title 25, section 2803-A, subsection 8-E and has been authorized by the school board 
to possess or discharge a firearm for the purpose of enhancing the safety and security 
of the school and in defense of students, staff and members of the public on the school 
premises.  A school employee is not authorized to exercise law enforcement powers as 
described in Title 34-A, section 3011.
For purposes of this paragraph, a school board may establish a certification standard 
and a training program to arm and supervise certain school employees in a manner and 
according to protocols as the school board determines.  A school board in implementing 
the provisions of this paragraph may not arm a school employee without the school 
employee's voluntary consent.  A school employee may not be censured, criticized or 
discriminated against for unwillingness or refusal to carry a firearm pursuant to this 
paragraph.
Sec. 2.  25 MRSA §2803-A, sub-§8-E is enacted to read:
8-E.  Training of school employees.  To establish certification standards and a training 
program for school employees authorized to possess a firearm on public school property or 
the property of an approved private school or discharge a firearm within 500 feet of public 
school property or the property of an approved private school pursuant to Title 20-A, 
section 6552, subsection 2, paragraph D.  The training program must include:
A.  A firearms training component prescribed by the Maine Criminal Justice Academy 
that is equivalent to a firearms training program required for preservice law 
enforcement certification; and
B.  A basic school crisis management training component developed by the Department 
of Education and approved by the board that is specific to the duties of a school 
employee authorized to possess and discharge a firearm under Title 20-A, section 6552, 
subsection 2, paragraph D.
A school employee shall satisfactorily maintain competency in firearm use as determined 
by the board and participate in regular school crisis management training as determined by 
the Department of Education as conditions of continued certification under this subsection.
For purposes of this subsection, "approved private school" has the same meaning as in Title 
20-A, section 1, subsection 2;
SUMMARY
This bill exempts a school employee from the prohibition on possessing a firearm on 
public school property or the property of an approved private school or discharging a 
firearm within 500 feet of public school property or the property of an approved private 
school if the school employee has successfully completed certification and training 
prescribed by the Board of Trustees of the Maine Criminal Justice Academy and has been 
authorized by the school board to possess or discharge a firearm for the purpose of 
enhancing the safety and security of the school and in defense of students, staff and 
members of the public on the school premises.  The bill provides that the school employee 
is not authorized to exercise law enforcement powers.
The bill allows a school board to establish a certification standard and a training 
program to arm and supervise certain school employees in a manner and according to 
protocols as the school board determines.  The bill specifies that a school board may not 
arm a school employee without the employee's voluntary consent and a school employee 
may not be censured or discriminated against for unwillingness or refusal to carry a firearm.