Maine LD 415: An Act To Promote the Safe Use and Sale of Firearms

LD 415 (subjects: WEAPONS , SALES )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=415&PID=1456&snum=127


Sponsors | Actions | Bill Text | Patterns of Support


Sponsors

Principal Sponsor: Rep. Mark Dion of Portland: (D – District 43) — e-mail | Twitter

7 Cosponsors:

Actions

Chamber

Action
2/12/2015 House Committee on Criminal Justice and Public Safety suggested and ordered printed.
The Bill was REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY.
Sent for concurrence. ORDERED SENT FORTHWITH.
2/12/2015 Senate On motion by Senator Rosen of Hancock, REFERRED to the Committee on Criminal Justice and Public Safety, in concurrence.
6/19/2015 House Reports READ.
On motion of Representative FOWLE of Vassalboro, the Majority Ought to Pass as Amended Report was ACCEPTED.
ROLL CALL NO. 300
(Yeas 73 – Nays 65 – Absent 13 – Excused 0)
The Bill was READ ONCE.
Committee Amendment “A” (H-474) was READ and ADOPTED.
Under suspension of the rules, the Bill was given its SECOND READING without REFERENCE to the Committee on Bills in the Second Reading.
The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment “A” (H-474).
Sent for concurrence. ORDERED SENT FORTHWITH.
6/19/2015 Senate Reports READ
On motion by Senator ROSEN of Hancock Bill and accompanying papers INDEFINITELY POSTPONED , in NON-CONCURRENCE.
Ordered sent down forthwith for concurrence.
6/22/2015 House The House INSISTED on ACCEPTANCE of the Majority Ought to Pass as Amended Report and PASSAGE TO BE ENGROSSED as Amended by Committee Amendment “A” (H-474).
ORDERED SENT FORTHWITH.
6/22/2015 Senate On motion by Senator MASON of Androscoggin The Senate INSISTED To INDEFINITE POSTPONEMENT of Bill and accompanying papers , in NON-CONCURRENCE.
Placed in Legislative Files (DEAD).

Bill Text

.

An Act To Promote the Safe Use and Sale of Firearms

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 15 MRSA 394 is enacted to read:

394. Sale or transfer of firearms to prohibited persons; strict liability

1. Unlawful sale or transfer; strict liability. A person may not sell or transfer a firearm to a prohibited person as described in section 393.
2. Penalty. The following penalties apply to violations of this section.

A. A person who violates subsection 1 commits a civil violation for which a fine of $500 must be adjudged.
B. A person who violates subsection 1 after having been adjudicated as having committed a civil violation under subsection 1 commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.

3. Affirmative defense. It is an affirmative defense to prosecution under this section that the seller or transferor of the firearm requested that a federally licensed firearm dealer complete a computerized background check under the Federal Bureau of Investigation, National Instant Criminal Background Check System, or successor background check system approved by the Attorney General of the United States, on the purchaser or transferee prior to the sale or transfer of the firearm and the background check indicated that the person was not a prohibited person.

395. Sale or transfer of firearms to prohibited persons; culpable mental state

1. Unlawful sale or transfer; culpable mental state. A person is guilty of selling or transferring a firearm to a prohibited person if that person intentionally or knowingly sells or transfers a firearm to a person that the seller or transferor knows or believes is prohibited from possessing a firearm under section 393.
2. Penalty. A violation of this section is a Class D crime.

Sec. 2. 15 MRSA 455, sub- 2, as enacted by PL 2003, c. 452, Pt. H, 1 and affected by Pt. X, 2, is amended to read:

2. False or fictitious name. A person may not give a false or fictitious name to a dealer. A person who violates this subsection commits a civil violation for which a fine of $50 may $1,000 must be adjudged.

SUMMARY

This bill creates the civil violation of the sale or transfer of a firearm to a prohibited person and strict liability Class E crime for a 2nd or subsequent offense of selling or transferring a firearm to a prohibited person. The bill also creates an affirmative defense to prosecution under this new civil violation and crime that the seller or transferor of the firearm requested a federally licensed firearm dealer to conduct a computerized background check under the Federal Bureau of Investigation, National Instant Criminal Background Check System on the purchaser or transferee prior to the sale or transfer of the firearm and the background check indicated that the purchaser or transferee was not a prohibited person.

It creates the Class D crime of the sale or transfer of a firearm to a prohibited person. A person is guilty of this crime if that person intentionally or knowingly sells or transfers a firearm to another person that the seller or transferor knows or believes is prohibited from possessing a firearm.

It increases the fine from $50 to $1,000 for the civil violation of giving a false or fictitious name to a firearms dealer and makes the fine mandatory.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


This information about LD 415 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

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