An Act to Amend the Law Governing the Disposition of Forfeited Firearms
Maine Legislature, Session 131, LD 2086
Committee: Judiciary
Sponsors: CARNEY, CLOUTIER, BEEBE-CENTER, ROTUNDO, CRAVEN, DOUDERA, LEE, MOONEN, TALBOT ROSS, ZAGER
Amends: 15 MRSA §3314, 15 MRSA §5826, 17-A MRSA §1504

Legislative Document
No. 2086
S.P. 879
In Senate, January 3, 2024
An Act to Amend the Law Governing the Disposition of Forfeited 
Firearms
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CARNEY of Cumberland.
Cosponsored by Representative CLOUTIER of Lewiston and
Senators: BEEBE-CENTER of Knox, ROTUNDO of Androscoggin, Representatives: 
CRAVEN of Lewiston, DOUDERA of Camden, LEE of Auburn, MOONEN of Portland, 
Speaker TALBOT ROSS of Portland, ZAGER of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA §3314, sub-§6, as amended by PL 2019, c. 113, Pt. C, §50, is 
further amended to read:
6.  Forfeiture of firearms.  As part of every disposition in every proceeding under this 
code, every firearm that constitutes the basis for an adjudication for a juvenile crime that, 
if committed by an adult, would constitute a violation of section 393; Title 17‑A, section 
1105‑A, subsection 1, paragraph C‑1; Title 17‑A, section 1105‑B, subsection 1, paragraph 
C; Title 17‑A, section 1105‑C, subsection 1, paragraph C‑1; Title 17‑A, section 1105‑D, 
subsection 1, paragraph B‑1; or Title 17‑A, section 1118‑A, subsection 1, paragraph B and 
every firearm used by the juvenile or any accomplice during the course of conduct for 
which the juvenile has been adjudicated to have committed a juvenile crime that would 
have been forfeited pursuant to Title 17‑A, section 1504 if the criminal conduct had been 
committed by an adult must be forfeited to the State and the juvenile court shall so order 
unless another person satisfies the court prior to the dispositional hearing and by a 
preponderance of the evidence that the other person had a right to possess the firearm, to 
the exclusion of the juvenile, at the time of the conduct that constitutes the juvenile crime, 
was the rightful owner from whom the firearm had been stolen and the other person was 
not a principal or accomplice in the commission of the juvenile crime.  Rules adopted by 
the Attorney General that govern the disposition of firearms forfeited pursuant to Title 
17‑A, section 1504 govern forfeitures under this subsection.
Sec. 2.  15 MRSA §5826, sub-§5, ¶A, as enacted by PL 1995, c. 421, §1, is 
amended to read:
A.  The  Except as provided in Title 17-A, section 1504, subsection 2, paragraph B, the 
petitioner has a legal right, title or interest in the property and the right, title or interest 
renders the order of forfeiture invalid in whole or in part because the right, title or 
interest was vested in the petitioner rather than in any defendant or was superior to any 
right, title or interest to the exclusion of any defendant at the time of the commission 
of the acts that gave rise to the forfeiture of the property under this section; or
Sec. 3.  17-A MRSA §1504, sub-§2, as enacted by PL 2019, c. 113, Pt. A, §2, is 
amended to read:
2.  Prohibited forfeiture.   Except as provided in subsection 3, a A court may not order 
the forfeiture of a firearm otherwise qualifying for forfeiture under subsection 1 if, prior to 
the imposition of the person's sentence:
A.  For a crime other than murder or any other unlawful homicide crime, another person 
satisfies the court by a preponderance of the evidence that the other person, at the time 
of the commission of the crime, had a right to possess the firearm to the exclusion of 
the convicted person; or
B.  For the crime of murder or any other unlawful homicide crime, another Another 
person satisfies the court by a preponderance of the evidence that the other person, at 
the time of the commission of the crime, was the rightful owner from whom the firearm 
had been stolen and the other person was not a principal or accomplice in the 
commission of the crime.
Sec. 4.  17-A MRSA §1504, sub-§3, as enacted by PL 2019, c. 113, Pt. A, §2, is 
repealed.
Sec. 5.  17-A MRSA §1504, sub-§4, as enacted by PL 2019, c. 113, Pt. A, §2, is 
amended to read:
4.  Disposition of forfeited firearms.   The Attorney General shall adopt rules 
governing the disposition to state, county and municipal agencies of firearms forfeited 
under this section.  A firearm used during a murder or other unlawful homicide crime 
forfeited under this section that does not meet the prohibition from forfeiture under 
subsection 2, paragraph B must be destroyed by the State.
SUMMARY
This bill amends the law governing the disposition of firearms that have been forfeited 
to the State as a mandatory part of a criminal sentence under the general sentencing 
provisions of the Maine Criminal Code. Current law requires that forfeited firearms used 
in commission of a murder or unlawful homicide crime be destroyed by the State. The bill 
extends the requirement to all firearms that have been forfeited as mandated by the general 
sentencing provisions of the Maine Criminal Code. The bill also eliminates one of the 
exceptions to mandatory forfeiture applying to cases in which the firearm subject to 
forfeiture is rightfully owned by another person. The bill amends the provision of law 
governing forfeiture of firearms within the Maine Juvenile Code to align with the general 
sentencing provisions as amended by this bill. Finally, the bill amends the relevant asset 
forfeiture laws to align with the narrowed exception for 3rd-party claims to firearms subject 
to forfeiture as provided by this bill.