HP0183, LD 222, item 6, Document Text

Amend the amendment by striking out all of sections 1 to 12 and inserting the following:

‘Sec. 1. 12 MRSA §756, sub-§3, ¶C, as enacted by PL 2009, c. 607, §1, is repealed.

Sec. 2. 12 MRSA §1803, sub-§7, as amended by PL 2013, c. 405, Pt. A, §24 and c. 424, Pt. A, §4, is further amended to read:

7. Exceptions. Notwithstanding subsection 6 or any other rule-making authority, the bureau may not adopt rules that prohibit the following persons who are legally entitled to possess a firearm from carrying a concealed handgun in the buildings or parts of buildings and other public property that are under the bureau’s jurisdiction : . Nothing in this section may be construed to permit the carrying or possession of a firearm where prohibited by state or federal law.

A. A person to whom a valid permit to carry a concealed handgun has been issued under Title 25, chapter 252. The person must have in that person's possession the valid permit;

B. A person to whom a valid permit to carry a concealed handgun has been issued by another state if a permit to carry a concealed handgun issued from that state has been granted reciprocity under Title 25, chapter 252. The person must have in that person's possession the valid permit;

C. An authorized federal, state or local law enforcement officer in the performance of that officer's official duties;

D. A qualified law enforcement officer pursuant to 18 United States Code, Section 926B. The law enforcement officer must have in that law enforcement officer's possession photographic identification issued by the law enforcement agency by which the person is employed as a law enforcement officer; and

E. A qualified retired law enforcement officer pursuant to 18 United States Code, Section 926C. The retired law enforcement officer must have in the retired law enforcement officer's possession:

(1) Photographic identification issued by the law enforcement agency from which the person retired from service as a law enforcement officer that indicates that the person has, not less recently than one year before the date the person carries the concealed handgun, been tested or otherwise found by the agency to meet the standards established by the agency for training and qualification for active law enforcement officers to carry a handgun of the same type as the concealed handgun; or

(2) Photographic identification issued by the law enforcement agency from which the person retired from service as a law enforcement officer and a certification issued by the state in which the person resides that indicates that the person has, not less recently than one year before the date the person carries the concealed handgun, been tested or otherwise found by that state to meet the standards established by that state for training and qualification for active law enforcement officers to carry a handgun of the same type as the concealed handgun.

Sec. 3. 12 MRSA §11212, sub-§1, as amended by PL 2005, c. 477, §9, is further amended to read:

1. Prohibition. The following provisions apply to shooting from a motor vehicle or motorboat or possessing a loaded firearm or a crossbow in a motor vehicle.

A. A person may not shoot while in or on a motor vehicle or motorboat or while in or on a trailer or other type of vehicle being hauled by a motor vehicle except:

(1) A person may hunt migratory waterfowl from a motorboat in accordance with federal regulations;

(2) Paraplegics and single or double amputees of the legs may shoot from motor vehicles that are not in motion; and

(3) A person may shoot from a motorboat if that boat is not being propelled by its motor . ; and

(4) A person may shoot from a motor vehicle or motorboat or while in or on a trailer or other type of vehicle being hauled by a motor vehicle in defense of life or property.

B. A person may not, while in or on a motor vehicle or in or on a trailer or other type of vehicle being hauled by a motor vehicle, have a cocked and armed crossbow or a firearm with a cartridge or shell in the chamber or in an attached magazine, clip or cylinder or a muzzle-loading firearm charged with powder, lead and a primed ignition device or mechanism, except that a person who has a valid Maine permit to carry a concealed weapon may have in or on a motor vehicle or trailer a loaded pistol or revolver covered by that permit.

C. A person may not possess a wild animal or wild bird taken in violation of paragraph A or B, except as otherwise provided in this Part.

Sec. 4. 12 MRSA §11403, sub-§2, ¶B, as amended by PL 2011, c. 298, §1, is further amended to read:

B. A person may not carry firearms of any kind while hunting any species of wildlife with bow and arrow during the regular archery-only season on deer , except that a person who holds a license that allows hunting with firearms may carry a handgun. This paragraph may not be construed to prohibit a person who holds a valid permit to carry a concealed handgun pursuant to Title 25, section 2003 from carrying a handgun for self-defense.

Sec. 5. 15 MRSA §292 is repealed.

Sec. 6. 25 MRSA §2001-A, as amended by PL 2011, c. 691, Pt. A, §24, is repealed and the following enacted in its place:

§ 2001-A. Threatening display of weapon

1. Threatening display of weapon. A person may not, unless excepted by a provision of law, display in a threatening manner a firearm, slungshot, knuckles, bowie knife, dirk, stiletto or other dangerous or deadly weapon usually employed in the attack on or defense of a person.

3. Permitless carrying of weapon. Nothing in this section may be construed to impose a general prohibition on the permitless carrying, whether concealed or unconcealed, of a dangerous or deadly weapon, including a loaded firearm.

Sec. 7. 25 MRSA §2002, sub-§9, ¶A, as enacted by PL 1993, c. 524, §2, is amended to read:

A. To a legal resident of a municipality:

(1) The mayor and municipal officers or councilors of a city, the municipal officers or councilors of a town or the assessors of a plantation or, if they so choose, their full-time chief of police as their designee full-time chief of police of a municipality; or

(2) The Chief of the State Police as the designee of the municipal officers under section 2002-A;

(3) The Chief of the State Police if the municipality does not have a full-time chief of police, unless the municipality has a contract with the county sheriff of the county where the municipality is primarily located to provide continuous full-time law enforcement services to that municipality, in which case the county sheriff is the issuing authority;

Sec. 8. 25 MRSA §2002-A, as amended by PL 1993, c. 524, §4, is repealed.

Sec. 9. 25 MRSA §2003, as amended by PL 2011, c. 298, §7, is further amended to read:

§ 2003. Optional permits to carry concealed handguns

1. Criteria for issuing optional permit. The issuing authority shall, upon written application, issue a an optional permit to carry concealed handguns to an applicant over whom it has issuing authority and who has demonstrated good moral character and who meets the following requirements:

A. Is 18 years of age or older;

B. Is not disqualified to possess a firearm pursuant to Title 15, section 393, is not disqualified as a permit holder under that same section and is not disqualified to possess a firearm based on federal law as a result of a criminal conviction;

B-1. If a nonresident, has a valid concealed handgun permit from that nonresident's state of residency. This paragraph does not apply to a nonresident whose state of residency does not require a permit to carry a concealed handgun;

D. Submits an application that contains the following:

(1) Full name;

(2) Full current address and addresses for the prior 5 years;

(3) The date and place of birth, height, weight, color of eyes, color of hair, sex and race;

(4) A record of previous issuances of, refusals to issue and revocations of a permit to carry concealed firearms, handguns or other concealed weapons by any issuing authority in the State or any other jurisdiction. The record of previous refusals alone does not constitute cause for refusal and the record of previous revocations alone constitutes cause for refusal only as provided in section 2005; and

(5) Answers Subject to subsection 2-A, answers to the following questions:

(a) Are you less than 18 years of age?

(b) Is there a formal charging instrument now pending against you in this State for a crime under the laws of this State that is punishable by imprisonment for a term of one year or more?

(c) Is there a formal charging instrument now pending against you in any federal court for a crime under the laws of the United States that is punishable by imprisonment for a term exceeding one year?

(d) Is there a formal charging instrument now pending against you in another state for a crime that, under the laws of that state, is punishable by a term of imprisonment exceeding one year?

(e) If your answer to the question in division (d) is "yes," is that charged crime classified under the laws of that state as a misdemeanor punishable by a term of imprisonment of 2 years or less?

(f) Is there a formal charging instrument pending against you in another state for a crime punishable in that state by a term of imprisonment of 2 years or less and classified by that state as a misdemeanor, but that is substantially similar to a crime that under the laws of this State is punishable by imprisonment for a term of one year or more?

(g) Is there a formal charging instrument now pending against you under the laws of the United States, this State or any other state or the Passamaquoddy Tribe or Penobscot Nation in a proceeding in which the prosecuting authority has pleaded that you committed the crime with the use of a firearm against a person or with the use of a dangerous weapon as defined in Title 17-A, section 2, subsection 9, paragraph A?

(h) Is there a formal charging instrument now pending against you in this or any other jurisdiction for a juvenile offense that, if committed by an adult, would be a crime described in division (b), (c), (d) or (f) and involves bodily injury or threatened bodily injury against another person?

(i) Is there a formal charging instrument now pending against you in this or any other jurisdiction for a juvenile offense that, if committed by an adult, would be a crime described in division (g)?

(j) Is there a formal charging instrument now pending against you in this or any other jurisdiction for a juvenile offense that, if committed by an adult, would be a crime described in division (b), (c), (d) or (f), but does not involve bodily injury or threatened bodily injury against another person?

(k) Have you ever been convicted of committing or found not criminally responsible by reason of mental disease or defect of committing a crime described in division (b), (c), (f) or (g)?

(l) Have you ever been convicted of committing or found not criminally responsible by reason of mental disease or defect of committing a crime described in division (d)?

(m) If your answer to the question in division (l) is "yes," was that crime classified under the laws of that state as a misdemeanor punishable by a term of imprisonment of 2 years or less?

(n) Have you ever been adjudicated as having committed a juvenile offense described in division (h) or (i)?

(o) Have you ever been adjudicated as having committed a juvenile offense described in division (j)?

(p) Are you currently subject to an order of a Maine court or an order of a court of the United States or another state, territory, commonwealth or tribe that restrains you from harassing, stalking or threatening your intimate partner, as defined in 18 United States Code, Section 921(a), or a child of your intimate partner, or from engaging in other conduct that would place your intimate partner in reasonable fear of bodily injury to that intimate partner or the child?

(q) Are you a fugitive from justice?

(r) Are you a drug abuser, drug addict or drug dependent person?

(s) Do you have a mental disorder that causes you to be potentially dangerous to yourself or others?

(t) Have you been adjudicated to be an incapacitated person pursuant to Title 18-A, Article 5, Parts 3 and 4 and not had that designation removed by an order under Title 18-A, section 5-307, subsection (b)?

(u) Have you been dishonorably discharged from the military forces within the past 5 years?

(v) Are you an illegal alien?

(w) Have you been convicted in a Maine court of a violation of Title 17-A, section 1057 within the past 5 years?

(x) Have you been adjudicated in a Maine court within the past 5 years as having committed a juvenile offense involving conduct that, if committed by an adult, would be a violation of Title 17-A, section 1057?

(y) To your knowledge, have you been the subject of an investigation by any law enforcement agency within the past 5 years regarding the alleged abuse by you of family or household members?

(z) Have you been convicted in any jurisdiction within the past 5 years of 3 or more crimes punishable by a term of imprisonment of less than one year or of crimes classified under the laws of a state as a misdemeanor and punishable by a term of imprisonment of 2 years or less?

(aa) Have you been adjudicated in any jurisdiction within the past 5 years to have committed 3 or more juvenile offenses described in division (o)?

(bb) To your knowledge, have you engaged within the past 5 years in reckless or negligent conduct that has been the subject of an investigation by a governmental entity?

(cc) Have you been convicted in a Maine court within the past 5 years of any Title 17-A, chapter 45 drug crime?

(dd) Have you been adjudicated in a Maine court within the past 5 years as having committed a juvenile offense involving conduct that, if committed by an adult, would have been a violation of Title 17-A, chapter 45?

(ee) Have you been adjudged in a Maine court to have committed the civil violation of possession of a useable amount of marijuana, butyl nitrite or isobutyl nitrite in violation of Title 22, section 2383 within the past 5 years?

(ff) Have you been adjudicated in a Maine court within the past 5 years as having committed the juvenile crime defined in Title 15, section 3103, subsection 1, paragraph B of possession of a useable amount of marijuana, as provided in Title 22, section 2383?; and

E. Does the following:

(1) At the request of the issuing authority or the State Police, takes whatever action is required by law to allow the issuing authority or the State Police to obtain from the Department of Health and Human Services, limited to records of patient committals to Riverview Psychiatric Center and Dorothea Dix Psychiatric Center or any other state mental health institute or nonstate mental health institution within the State, the courts, law enforcement agencies and the military information relevant to the following:

(a) The ascertainment of whether the information supplied on the application or any documents made a part of the application is true and correct;

(b) The ascertainment of whether each of the additional requirements of this section has been met; and

(2) If a photograph is an integral part of the permit to carry concealed handguns adopted by an issuing authority, submits At the request of the issuing authority, submits to being photographed for that purpose a permit to carry a concealed handgun;

(3) If it becomes necessary to resolve any questions as to identity, submits to having fingerprints taken by the issuing authority;

(4) Submits an application fee along with the written application to the proper issuing authority pursuant to the following schedule:

(a) Resident of a municipality or unorganized territory, $35 $52.50 for an original application and $20 $52.50 for a renewal, except that a person who paid $60 for a concealed firearms permit or renewal during 1991 or 1992 is entitled to a credit toward renewal fees in an amount equal to $30 for a person who paid $60 for an original application and $45 for a person who paid $60 for a permit renewal. The credit is valid until fully utilized; and

(b) Nonresident, $60 $120 for an original or renewal application; and

(c) Resident, $15 to replace a valid concealed handgun permit issued on or before January 1, 2016 with a permit issued under subsection 9; and

(5) Demonstrates to the issuing authority a knowledge of handgun safety. The applicant may fully satisfy this requirement by submitting to the issuing authority, through documentation in accordance with this subparagraph, proof that the applicant has within 5 years prior to the date of application completed a course that included handgun safety offered by or under the supervision of a federal, state, county or municipal law enforcement agency or a firearms instructor certified by a private firearms association recognized as knowledgeable in matters of handgun safety by the issuing authority or by the state in which the course was taken. A course completion certificate or other document, or a photocopy, is sufficient if it recites or otherwise demonstrates that the course meets all of the requirements of this subparagraph.

As an alternative way of fully satisfying this requirement, an applicant may personally demonstrate knowledge of handgun safety to an issuing authority, if the issuing authority is willing to evaluate an applicant's personal demonstration of such knowledge. The issuing authority is not required to offer this 2nd option.

The demonstration of knowledge of handgun safety to the issuing authority may not be required of any applicant who holds a valid state permit to carry a concealed firearm as of April 15, 1990 or of any applicant who was or is in any of the Armed Forces of the United States and has received at least basic firearms training.

2. Complete application; certification by applicant. The requirements set out in subsection 1 , constitute a complete application. By affixing the applicant's signature to the application, the applicant certifies the following:

A. That the statements the applicant makes in the application and any documents the applicant makes a part of the application are true and correct;

A-1. That the applicant understands that an affirmative answer to the question in subsection 1, paragraph D, subparagraph (5), division (l) or (o) is cause for refusal unless the applicant is nonetheless authorized to possess a firearm under Title 15, section 393;

A-2. That the applicant understands that an affirmative answer to subsection 1, paragraph D, subparagraph (5), division (p) is cause for refusal if the order of the court meets the preconditions contained in Title 15, section 393, subsection 1, paragraph D. If the order of the court does not meet the preconditions, the conduct underlying the order may be used by the issuing authority, along with other information, in judging good moral character under subsection 4;

B. That the applicant understands that an affirmative answer to one or more of the questions in subsection 1, paragraph D, subparagraph (5), divisions (a), (k), (n) or (q) to (x) is cause for refusal;

B-1. That the applicant understands that an affirmative answer to one or more of the questions in subsection 1, paragraph D, subparagraph (5), divisions (b) to (j), (m), (y), (z) or (aa) to (ff) is used by the issuing authority, along with other information, in judging good moral character under subsection 4; and

C. That the applicant understands any false statements made in the application or in any document made a part of the application may result in prosecution as provided in section 2004.

An applicant may provide the applicant's signature by an electronic means approved by the State Police.

2-A. Modification of questions. The Attorney General may modify or reword the questions in subsection 1, paragraph D, subparagraph (5) to improve readability and clarity as long as the subject matter of the questions is retained. The Attorney General shall submit any proposed changes to those questions to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters for review.

3. Copy of laws furnished to applicant. A copy of this chapter and the definitions from other chapters that are used in this chapter must be provided to every applicant.

3-A. Model forms. The Attorney General shall develop model forms for the following:

A. An application for a resident permit to carry concealed handguns;

B. An application for a nonresident permit to carry concealed handguns;

C. A resident permit to carry concealed handguns of which a photograph is an integral part;

D. A resident permit to carry concealed handguns of which a photograph is not an integral part;

E. A nonresident permit to carry concealed handguns; and

F. Authority to release information to the issuing authority for the purpose of evaluating information supplied on the application.

Each An issuing authority shall utilize only the model forms.

This subsection is repealed January 1, 2016.

3-B. Model forms; on and after January 1, 2016. Beginning January 1, 2016, the Attorney General shall develop model forms for the following:

A. An application for a resident permit to carry concealed handguns;

B. An application for a nonresident permit to carry concealed handguns; and

C. Authority to release information to the issuing authority for the purpose of evaluating information supplied on the application.

An issuing authority shall utilize only the model forms.

4. Good moral character. The issuing authority in judging good moral character shall make its determination in writing based solely upon information recorded by governmental entities within 5 years of receipt of the application, including, but not limited to, the following matters:

A. Information of record relative to incidents of abuse by the applicant of family or household members, provided pursuant to Title 19-A, section 4012, subsection 1;

B. Information of record relative to 3 or more convictions of the applicant for crimes punishable by less than one year imprisonment or one or more adjudications of the applicant for juvenile offenses involving conduct that, if committed by an adult, is punishable by less than one year imprisonment;

C. Information of record indicating that the applicant has engaged in reckless or negligent conduct; or

D. Information of record indicating that the applicant has been convicted of or adjudicated as having committed a violation of Title 17-A, chapter 45 or Title 22, section 2383, or adjudicated as having committed a juvenile crime that is a violation of Title 22, section 2383 or a juvenile crime that would be defined as a criminal violation under Title 17-A, chapter 45 if committed by an adult.

5. Access to confidential records. Notwithstanding that certain records retained by governmental entities are by law made confidential, the records pertaining to patient committals to any state mental health institute or nonstate mental health institution, including, but not limited to, Riverview Psychiatric Center and Dorothea Dix Psychiatric Center, and records compiled pursuant to Title 19-A, section 4012, subsection 1, that are necessary to the issuing authority's determination of the applicant's good moral character and compliance with the additional requirements of this section and of section 2005 must, at the request of the issuing authority, be made available for inspection by and dissemination to the issuing authority.

8. Term of permit. All concealed handgun permits are valid for 4 6 years from the date of issue, unless sooner revoked for cause by the issuing authority. If a permit renewal is issued before the expiration date of the permit being renewed or within 6 months of the expiration date of the permit being renewed, the permit renewal is valid for 4 6 years from the expiration date of the permit being renewed.

9. Permit form. Each permit to carry concealed handguns issued must contain By January 1, 2016, the State Police shall develop and make available a concealed handgun permit that contains the following components: The name, the address , a recent photograph and a physical description of the permit holder; the holder's signature; the date of issuance; and the date of expiration. A permit to carry concealed handguns may additionally contain a photograph of the permit holder if the issuing authority makes a photograph an integral part of the permit to carry concealed handguns. An issuing authority shall use this form and every issued permit must include the designated information. At the request of an issuing authority, the Secretary of State may provide a photograph of the applicant to be incorporated into that applicant's permit to carry a concealed handgun.

10. Validity of permit throughout the State. Permits issued authorize the person to carry those concealed handguns throughout the State.

11. Permit to be in permit holder's immediate possession. Every permit holder shall have the holder's permit in the holder's immediate possession at all times when carrying a concealed handgun and shall display the same on demand of any law enforcement officer. A person charged with violating this subsection may not be adjudicated as having committed a civil violation if that person produces in court the concealed handgun permit that was valid at the time of the issuance of a summons to court or, if the holder exhibits the permit to a law enforcement officer designated by the summonsing officer not later than 24 hours before the time set for the court appearance, a complaint may not be issued.

12. Permit for a resident of 5 or more years to be issued or denied within 30 days; permit for a nonresident and resident of less than 5 years to be issued or denied within 60 days. The issuing authority, as defined in this chapter, shall issue or deny, and reply in writing as to the reason for any denial, within 30 days of the application date in the case of a resident of 5 or more years and within 60 days of the application date in the case of a nonresident or in the case of a resident of less than 5 years. If the issuing authority does not issue or deny a request for a permit renewal within the time limits specified in this subsection, the validity of the expired permit is extended until the issuing authority issues or denies the renewal.

13. Fee waiver. An issuing authority may waive the permit fee for a permit issued to a law enforcement officer certified by the Maine Criminal Justice Academy.

14. Lapsed permit. A person may apply for renewal of a permit at the permit renewal rate at any time within 6 months after expiration of a permit. A person who applies for a permit more than 6 months after the expiration date of the permit last issued to that person must submit an original application and pay the original application fee.

15. Duty of issuing authority; application fees. The application fees submitted by the applicant as required by subsection 1, paragraph E, subparagraph (4) are subject to the following.

A. If the issuing authority is other than the Chief of the State Police, $25 $42.50 of the fee for an original application and $15 of the fee for a renewal and $10 of the fee for an application to replace a valid permit with a permit issued by the State Police on or after January 1, 2016 must be paid over to the Treasurer of State.

B. If the Chief of the State Police is the issuing authority as the designee of a municipality under section 2002-A, $25 of the fee for an original application and $15 of the fee for a renewal must be paid over to the Treasurer of State.

C. If the Chief of the State Police is the issuing authority because the applicant is either a resident of an unorganized territory or a nonresident, the application fee must be paid over to the Treasurer of State. The fee must be applied to the expenses of administration incurred by the State Police.

The fees paid over to the Treasurer of State pursuant to this subsection must be deposited in the State Police's licensing and enforcement account to be used solely to cover the costs incurred by the State Police for the development and issuance of concealed handgun permits.

16. Application fee; use. The application fee submitted by the applicant as required by subsection 1, paragraph E, subparagraph (4) covers the cost of processing the application by the issuing authority and the cost of developing the permit to carry concealed handguns issued by the issuing authority.

17. Waiver of law enforcement agency record and background check fees. Notwithstanding any other provision of law, a law enforcement agency may not charge an issuing authority a fee in association with the law enforcement agency's conducting a concealed handgun permit applicant record check or background check for the issuing authority.

18. Submission of information to the State Police. The issuing authority shall provide information received from an applicant pursuant to subsection 1 to the State Police for purposes of a criminal history record check, a mental health record check and a Department of the Secretary of State, Bureau of Motor Vehicles record check. The State Police shall provide the results of its record checks to the issuing authority for consideration before the issuing authority makes a final determination on the application. Unless the State Police is the issuing authority as provided for in section 2002, subsection 9, the State Police does not have the authority to approve or deny an application for a concealed handgun permit.

19. Confidential database. The State Police shall establish and maintain a confidential database accessible only by a law enforcement agency or law enforcement officers for criminal justice and concealed handgun permit purposes or by court order containing the following information about a permit holder or an applicant for a concealed handgun permit:

A. Name;

B. Address;

C. Date of birth;

D. Permit information;

E. Status of the permit; and

F. Prior action taken on the permit.

The database must be accessible by a law enforcement agency or law enforcement officer at any time. Information about a permit holder or an applicant must be purged from the database within 5 years after the permit expires or after the period for an appeal on a denial or a revocation of a permit has run.

20. Reciprocity. The Chief of the State Police may enter into reciprocity agreements with any other states respecting permits for carrying concealed handguns. Reciprocity may be granted with respect to a permit to carry a concealed handgun issued from another state if:

A. The other state that issued the permit to carry a concealed handgun has substantially equivalent or stricter requirements for the issuance of a permit to carry a concealed handgun; and

B. The other state that issued the permit to carry a concealed handgun observes the same rules of reciprocity regarding a person issued a permit to carry a concealed handgun under this chapter.

If the Chief of the State Police enters into a reciprocity agreement pursuant to this subsection with another state, a valid permit issued by that state to carry a concealed handgun in that state must be recognized in this State.

21. Permitless transport of firearm. The availability of a permit to carry a concealed handgun under this section or under any other provision of law may not be construed to prohibit the permitless transport or carrying of a firearm in a vehicle or on or about the individual's person, whether the firearm is concealed or unconcealed or loaded or unloaded, by a resident or nonresident.

Sec. 10. 25 MRSA §2004, sub-§2, as enacted by PL 2003, c. 452, Pt. N, §3 and affected by Pt. X, §2, is amended to read:

2. Threatening display of dangerous weapon. A person who violates section 2001-A , subsection 1 commits a Class D crime.

Sec. 11. 25 MRSA §2004, sub-§3, as enacted by PL 2003, c. 452, Pt. N, §3 and affected by Pt. X, §2, is repealed.

Sec. 12. 25 MRSA §2005, sub-§1, ¶B, as amended by PL 2003, c. 452, Pt. N, §4 and affected by Pt. X, §2, is repealed.

Sec. 13. 26 MRSA §600, sub-§1, as amended by PL 2011, c. 537, §1, is further amended to read:

1. Firearms in vehicles. An employer or an agent of an employer may not prohibit an employee who has a valid permit to carry a concealed firearm under Title 25, chapter 252 who is legally entitled to possess a firearm, part of a firearm, ammunition or ammunition components from transporting or keeping a firearm , part of a firearm, ammunition or ammunition components in the employee's vehicle as long as the vehicle is locked and the firearm is , part of a firearm, ammunition or ammunition components are not visible. This subsection applies to the State as an employer when a state employee's vehicle is on property owned or leased by the State. This subsection does not authorize an employee or state employee to carry a firearm in a place where carrying a firearm is prohibited by law. For purposes of this section, "state employee" means an employee of the State within the executive branch, the legislative branch or the judicial branch performing services within the scope of that employee's employment.’

Amend the amendment by striking out all of sections 14 and 15 and inserting the following:

‘Sec. 14. Appropriations and allocations. The following appropriations and allocations are made.

PUBLIC SAFETY, DEPARTMENT OF

Licensing and Enforcement - Public Safety 0712

Initiative: Provides an allocation of concealed handgun permit fees to establish and maintain a confidential database.

OTHER SPECIAL REVENUE FUNDS 2013-14 2014-15

All Other
$0 $270,136

inline graphic sline.gif

OTHER SPECIAL REVENUE FUNDS TOTAL $0 $270,136

’

Amend the amendment by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

SUMMARY

This amendment amends Committee Amendment "A" as follows:

1. It allows a person who is not otherwise prohibited from possessing a handgun to carry a concealed handgun without a permit;

2. It clarifies that the Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands may not adopt rules that prohibit persons who are legally entitled to possess a firearm from carrying a concealed handgun in the buildings or parts of buildings and other public property that are under the bureau's jurisdiction;

3. It changes the exceptions to the prohibition against shooting from a motor vehicle or motorboat so that a person may shoot from a motor vehicle or motorboat in defense of life or property;

4. It allows a person to carry a handgun during the regular archery-only deer hunting season for self-defense purposes;

5. It provides language to clarify that the Maine Revised Statutes, Title 25, section 2001-A does not prohibit the permitless carrying of a dangerous or deadly weapon, including a loaded firearm, whether the weapon is concealed or unconcealed;

6. It provides that obtaining a permit to carry a concealed handgun is optional;

7. It repeals the provision of law that requires the concealed handgun permit to be in the permit holder's immediate possession;

8. It provides that the Chief of the State Police may enter into reciprocity agreements with any other states respecting permits for carrying concealed handguns; and

9. It prohibits an employer from prohibiting an employee who is legally entitled to possess a firearm, part of a firearm, ammunition or ammunition component from transporting or keeping those items in the employee's vehicle as long as the vehicle is locked and the items are not visible.

FISCAL NOTE REQUIRED

(See attached)

HP0183 LD 222	Session - 126th Maine Legislature H "B" to C "A", Filing Number H-752, Sponsored by Libby		LR 697 Item 6
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OTHER SPECIAL REVENUE FUNDS	2013-14	2014-15
All Other	$0	$270,136

OTHER SPECIAL REVENUE FUNDS TOTAL	$0	$270,136