LD 1620
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LD 1620 Title Page An Act to Enact Mandatory Minimum Sentences for Firearms Offenses to Make the S... Page 2 of 2
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LR 30
Item 1

 
Emergency preamble. Whereas, Acts of the Legislature do not become
effective until 90 days after adjournment unless enacted as
emergencies; and

 
Whereas, violence and drugs take a toll on the citizens of the
State, particularly women and children; and

 
Whereas, the use and possession of firearms greatly aggravate
violent and drug-related criminal activity; and

 
Whereas, the Federal Government is offering states grants to
combat the use of firearms in violent and drug-related criminal
activity; and

 
Whereas, these grants can not be received to help protect the
citizens of the State from criminal activity involving firearms
until the provisions of this legislation are implemented; and

 
Whereas, in the judgment of the Legislature, these facts create
an emergency within the meaning of the Constitution of Maine and
require the following legislation as immediately necessary for
the preservation of the public peace, health and safety; now,
therefore,

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

 
Sec. 1. 17-A MRSA §2, sub-5-C is enacted to read:

 
5-C.__Crime of violence.__"Crime of violence" means a crime
that involves damage or destruction of property, offensive
physical contact or bodily injury or the threat of damage or
destruction of property, offensive physical contact or bodily
injury.

 
Sec. 2. 17-A MRSA §§1058 and 1059 are enacted to read:

 
§1058.__Criminal possession of firearm

 
1.__A person is guilty of criminal possession of a firearm if:

 
A.__The person has been convicted of a crime of violence;
and

 
B.__Is in possession of a firearm.

 
2.__Notwithstanding any other provision of this Title, a
person convicted under this section must be sentenced to a term
of imprisonment of 5 years and may not be placed on probation.


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