An Act To Protect Children from Accidental Injury Due to Unsafe Storage of Firearms
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 25 MRSA §2015 is enacted to read:
§ 2015. Unsafe storage of firearm
1. Storage of firearm. A person may not store or keep a firearm, as defined in Title 17-A, section 2, subsection 12-A, in any place unless that firearm is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render that firearm inoperable by any person other than the owner or other lawfully authorized user. For purposes of this section, a firearm may not be considered stored or kept if carried by or under the control of the owner or other lawfully authorized user.
2. Certain firearms exempted. This section does not apply to the storage or keeping of any firearm with a matchlock, flintlock, percussion cap or similar type of ignition system manufactured prior to 1900 or any replica of any such firearm if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.
3. Certain locations exempted. This section does not apply to the storage or keeping of any firearm in a location where no person under 18 years of age resides and where no person resides who is prohibited from possessing a firearm under Title 15, section 393, except that this section does apply to a location where child care, as defined in Title 22, section 3731, subsection 1, is provided.
4. Penalties. The following penalties apply.
A. A person who violates this section commits a civil violation for which a fine of not less than $200 and not more than $500 may be adjudged.
B. A person who violates this section after having previously violated this section commits a civil violation for which a fine of not less than $500 and not more than $1,000 may be adjudged.
5. Evidence. A violation of the provisions of this section is evidence of wanton or reckless conduct in any criminal or civil proceeding if a person under 18 years of age was a resident or a recipient of child care in the place where the firearm was stored or kept, unless such person was permitted by law to possess the firearm, and the violation results in personal injury to or the death of any person.
summary
This bill requires that firearms kept in a place where children reside or receive child care services or where persons prohibited from possessing firearms reside be secured in a locked container or with tamper-resistant devices that prevent them from being discharged. It excludes antique firearms from this requirement. A fine is provided for violation of the requirement, and a violation is evidence of wanton or reckless conduct in any criminal or civil case if injury or death was the result of the violation.