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This bill proposal would lift the restriction of having a loaded firearm in an automobile for others not licensed with concealed carry.
This has been sent to committee.
Bill Sponsors: Representative CEBRA of Naples Cosponsored By: Senator COURTNEY of York
Representative DUPREY of Hampden
Representative HAMPER of Oxford
Representative LANSLEY of Sabattus
Representative ROBINSON of Raymond
Representative SAVIELLO of Wilton
Senator SNOWE-MELLO of Androscoggin
This has been sent to committee.
Bill Sponsors: Representative CEBRA of Naples Cosponsored By: Senator COURTNEY of York
Representative DUPREY of Hampden
Representative HAMPER of Oxford
Representative LANSLEY of Sabattus
Representative ROBINSON of Raymond
Representative SAVIELLO of Wilton
Senator SNOWE-MELLO of Androscoggin
An Act To Enhance Self-defenseBe it enacted by the People of the State of Maine as follows:
Sec. 1. [FONT=Times New Roman,Times,Georgia,serif]12 MRSA §11212, sub-§1, [/FONT] 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.
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. 2. [FONT=Times New Roman,Times,Georgia,serif]17-A MRSA §1057, sub-§6, ¶A, [/FONT] as enacted by PL 1989, c. 917, §2, is amended to read:
A. Revoke any permit to carry a concealed firearm issued to the person so convicted ; and .
Sec. 3. [FONT=Times New Roman,Times,Georgia,serif]17-A MRSA §1057, sub-§6, ¶B, [/FONT] as enacted by PL 1989, c. 917, §2, is repealed.
B. If the person so convicted is licensed as a private investigator, suspend for a period of 5 years that person's right as a private investigator to carry a concealed firearm. [PL 1989, c. 917, § 2 (NEW).]
Sec. 4. [FONT=Times New Roman,Times,Georgia,serif]17-A MRSA §1252, sub-§4, [/FONT] as amended by PL 2005, c. 527, §17, is further amended to read:
4. If the State pleads and proves that a Class B, C, D or E crime was committed with the use of a dangerous weapon then the sentencing class for such crime is one class higher than it would otherwise be. In the case of a Class A crime committed with the use of a dangerous weapon, such use should be given serious consideration by the court in exercising its sentencing discretion. This subsection does not apply to a violation or an attempted violation of section 208 , to any other offenses to which use of a dangerous weapon serves as an element or to any offense for which the sentencing class is otherwise increased because the actor or an accomplice to that actor's or accomplice's knowledge is armed with a firearm or other dangerous weapon. An additional 10 years must be added to the maximum allowable sentence for the crimes of aggravated assault, elevated aggravated assault and elevated aggravated assault on a pregnant person under sections 208, 208-B and 208-C if the dangerous weapon used in the crime is a firearm, slungshot, knuckles, bowie knife, dirk or stiletto.
Sec. 5. [FONT=Times New Roman,Times,Georgia,serif]25 MRSA §2001-A, sub-§1, ¶A, [/FONT] as enacted by PL 2003, c. 452, Pt. N, §2 and affected by Pt. X, §2, is amended to read:
A. 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 ; or .
Sec. 6. [FONT=Times New Roman,Times,Georgia,serif]25 MRSA §2001-A, sub-§1, ¶B, [/FONT] as enacted by PL 2003, c. 452, Pt. N, §2 and affected by Pt. X, §2, is repealed.
B. Wear under the person's clothes or conceal about the person's person 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. [PL 2003, c. 452, Pt. N, § 2 (NEW).] [PL 2003, c. 452, Pt. X, § 2 (AFF).]
Sec. 7. [FONT=Times New Roman,Times,Georgia,serif]25 MRSA §2001-A, sub-§2, [/FONT] as amended by PL 2005, c. 488, §7, is repealed.
2. Exceptions. The provisions of this section concerning the carrying of concealed weapons do not apply to:A. Firearms carried by a person to whom a valid permit to carry a concealed firearm has been issued as provided in this chapter; [PL 2003, c. 452, Pt. N, § 2 (NEW).] [PL 2003, c. 452, Pt. X, § 2 (AFF).]
B. Disabling chemicals as described in Title 17-A, section 1002; [PL 2003, c. 452, Pt. N, § 2 (NEW).] [PL 2003, c. 452, Pt. X, § 2 (AFF).]
C. Knives used to hunt, fish or trap as defined in Title 12, section 10001; [PL 2003, c. 452, Pt. N, § 2 (NEW).] [PL 2003, c. 452, Pt. X, § 2 (AFF).]
D. Law enforcement officers, corrections officers and corrections supervisors as permitted in writing by their employer; [PL 2005, c. 488, § 7 (AMD).]
E. Firearms carried by a person engaged in conduct for which a state-issued hunting or trapping license is required and possessing the required license, or firearms carried by a resident person engaged in conduct expressly authorized by Title 12, section 11108 and section 12202, subsection 1. This paragraph does not authorize or permit the carrying of a concealed or loaded firearm in a motor vehicle; and [PL 2003, c. 452, Pt. N, § 2 (NEW).] [PL 2003, c. 452, Pt. X, § 2 (AFF).]
F. A firearm carried by a person to whom a valid permit to carry a concealed firearm has been issued by another state if a permit to carry a concealed firearm issued from that state has been granted reciprocity. The Chief of the State Police may enter into reciprocity agreements with 2 other states. Reciprocity may be granted to a permit to carry a concealed firearm issued from another state if:
(1) The other state that issued the permit to carry a concealed firearm has substantially equivalent or stricter requirements for the issuance of a permit to carry a concealed firearm; and
(2) The other state that issued the permit to carry a concealed firearm observes the same rules of reciprocity in regards to a person issued a permit to carry a concealed firearm under this chapter.
[PL 2003, c. 452, Pt. N, § 2 (NEW).] [PL 2003, c. 452, Pt. X, § 2 (AFF).][PL 2005, c. 488, § 7 (AMD).]
Sec. 8. [FONT=Times New Roman,Times,Georgia,serif]25 MRSA §2003, sub-§11, [/FONT] as enacted by PL 1985, c. 478, §2, is repealed.
11. Permit to be in permit holder's immediate possession. Every permit holder shall have his permit in his immediate possession at all times when carrying a concealed firearm and shall display the same on demand of any law enforcement officer. No person charged with violating this subsection may be adjudicated as having committed a civil violation if he produces in court the concealed firearms permit which was valid at the time of the issuance of a summons to court or, if he 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, no complaint may be issued.[PL 1985, c. 478, § 2 (NEW).]
Sec. 9. [FONT=Times New Roman,Times,Georgia,serif]25 MRSA §2004, sub-§3, [/FONT] as enacted by PL 2003, c. 452, Pt. N, §3 and affected by Pt. X, §2, is repealed.
3. Failure to possess permit. A person who fails to comply with section 2003, subsection 11 commits a civil violation for which a fine of not more than $100 may be adjudged.[PL 2003, c. 452, Pt. N, § 3 (NEW).][PL 2003, c. 452, Pt. X, § 2 (AFF).]
summaryThis bill:
1. Removes the prohibition on having a loaded firearm or crossbow in a motor vehicle for a person other than a holder of a concealed weapons permit;
2. Removes the provision of law that suspends the license of a private investigator for 5 years if convicted of possession of a firearm in an establishment licensed for the on-premises consumption of liquor;
3. Increases by 10 years the maximum allowable sentence of a person convicted of aggravated assault, elevated aggravated assault and elevated aggravated assault on a pregnant person if a firearm, slungshot, knuckles, bowie knife, dirk or stiletto was used in the offense;
4. Removes the prohibition on concealing a dangerous weapon except by a holder of a concealed weapons permit;
5. Removes exceptions to the law prohibiting the carrying of a concealed dangerous weapon; and
6. Removes the requirement that a holder of a concealed weapons permit possess the permit in person while carrying a concealed weapon.
