An Act to Prohibit the Auctioning of State Surplus or Forfeited
Maine Legislature, Session 132, LD 1463
Committee: Judiciary
Sponsors: SACHS, ROTUNDO
Amends: 5 MRSA §1813

Legislative Document
No. 1463
H.P. 955
House of Representatives, April 3, 2025
An Act to Prohibit the Auctioning of State Surplus or Forfeited 
Firearms
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SACHS of Freeport.
Cosponsored by Senator ROTUNDO of Androscoggin and
Representatives: BRIDGEO of Augusta, DOUDERA of Camden, GATTINE of Westbrook, 
MATLACK of St. George, SALISBURY of Westbrook, STOVER of Boothbay, Senator: 
CARNEY of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §1813, sub-§6, as amended by PL 2005, c. 386, Pt. H, §8, is further 
amended to read:
6.  Surplus property.  Providing for transfer of supplies, materials and equipment that 
are surplus from one state department or agency to another that may need them, and for the 
disposal by private and public sale of supplies, materials and equipment that are obsolete 
and unusable.  Political subdivisions, educational institutions, fire departments or 
qualifying nonprofit organizations as defined in section 1828, subsection 1, must be given 
an opportunity to purchase the surplus items through private sale.  If 2 or more political 
subdivisions, educational institutions, fire departments or qualifying nonprofit 
organizations are interested in any item, the sale must be the result of competitive bid. Any 
equipment so purchased must be retained for a period of at least one year in a current 
ongoing program. Any item purchased by a political subdivision, educational institution, 
fire department or qualifying nonprofit organization under this section may not be sold or 
transferred by that political subdivision, educational institution, fire department or 
qualifying nonprofit organization for a period of 6 months from the date of the private sale, 
except that a qualifying nonprofit organization that contracts with the Department of Health 
and Human Services to provide vehicles to low-income families may resell a passenger 
vehicle or light truck purchased in the private sale to a low-income family to assist it in 
participating in work, education or training pursuant to the qualifying nonprofit 
organization's contract with the Department of Health and Human Services.  The State 
reserves the right to refuse to sell additional equipment to a political subdivision, 
educational institution, fire department or qualifying nonprofit organization if it is 
determined that the political subdivision, educational institution, fire department or 
qualifying nonprofit organization has not retained the equipment for the required period of 
months. This subsection does not apply to firearms as defined by Title 17-A, section 2, 
subsection 12-A.  Except as provided in section 20-A, subsection 2, all surplus or forfeited 
firearms must be destroyed by the State;
Sec. 2. Departments to update rules. The Director of the Bureau of General 
Services within the Department of Administrative and Financial Services, with the 
approval of the Commissioner of Administrative and Financial Services and the 
Commissioner of Public Safety, shall update the rules of the Department of Administrative 
and Financial Services and the Department of Public Safety to require that any surplus or 
forfeited firearm in the State be destroyed unless it is a firearm that is state property and is 
purchased at fair market value by a state employee and was assigned to the employee or 
the employee was the principal user of the firearm at the time of that employee's 
employment as described in the Maine Revised Statutes, Title 5, section 20-A, subsection 
2.
Sec. 3. Contract for destruction of firearms. In accordance with the Maine 
Revised Statutes, Title 5, chapter 155, the Department of Public Safety shall contract with 
a vendor specializing in the destruction of firearms to destroy all forfeited or surplus 
firearms in the State except for surplus firearms purchased pursuant to Title 5, section 20-A, 
subsection 2.
SUMMARY
This bill prohibits the State from offering surplus or forfeited firearms for private or 
public sale and requires all surplus and forfeited firearms to be destroyed except for 
firearms that were assigned to a state employee as a part of the employee's official duties, 
which may be purchased by that employee upon leaving employment. The bill also requires 
the Director of the Bureau of General Services within the Department of Administrative 
and Financial Services, with the approval of the Commissioner of Administrative and 
Financial Services and the Commissioner of Public Safety, to update the rules of the 
Department of Administrative and Financial Services and the Department of Public Safety 
relating to the destruction of surplus and forfeited firearms. Finally, the bill requires the 
Department of Public Safety to contract with an outside vendor specializing in the 
destruction of firearms.