CHAPTER 527

H.P. 1236 - L.D. 1660

An Act To Clarify the Law Pertaining to the Discharge of a

Firearm near a Dwelling

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

Sec. 1. 12 MRSA §11209, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read:

§11209. Discharge of firearm near dwelling

1. Prohibition. A person may not:

A. Unless a relevant municipal ordinance provides otherwise and except as provided in sections 12401 and 12402, discharge a firearm within 100 yards of a residential dwelling or a farm building used for sheltering livestock, machines or harvested crops without the permission of the owner or, in the owner's absence, of an adult occupant of that dwelling; or

B. Possess a wild animal or wild bird taken in violation of this subsection, except as otherwise provided in this Part.

This subsection may not be construed to prohibit a person from killing or taking a wild animal in accordance with sections 12401 and 12402.

A person who violates this subsection commits a Class E crime.