Sec. 1. 17-A MRSA §1105, sub-§1, śC, as repealed and replaced by PL 1989, c. 600, Pt. A, §§4 and 6, is amended to read:

C. A person violates section 1103, 1104 or 1106, and, at the time of the offense, the person uses, carries, possesses or is armed with a firearm;

SUMMARY

This bill amends the criminal code by excluding the mere possession of a firearm as an aggravating factor in an offense of trafficking or furnishing scheduled drugs. This bill requires that the firearm be somehow directly related to the criminal activity; the defendant must have used, carried or been armed with a firearm while engaged in trafficking or furnishing a scheduled drug in order for the offense to be elevated to the aggravated category. This change to the criminal code would make Maine law consistent with federal law, 18 United States Code, Section 924 (1976), which aggravates drug offenses whenever a defendant "uses or carries" a firearm, but not when a firearm is merely somewhere on the premises when a drug offense occurs.