Bill Explanation

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This bill, known as Legislative Document No. 2086, is being introduced in the 131st Maine Legislature's second regular session in 2024. The bill aims to amend the law that governs the process of disposing of forfeited firearms in the state of Maine.

The bill has been approved for introduction by a majority of the Legislative Council, which is a group of lawmakers. The Council operates under Joint Rule 203, which outlines their procedures.

The bill has been suggested to be referred to the Committee on Judiciary, and it has also been ordered to be printed for consideration and review.

Presented by Senator Carney of Cumberland and cosponsored by Representative Cloutier of Lewiston, as well as other senators and representatives, the bill seeks to make changes to the current law.

Summary of Amendments

The bill proposes the following amendments to existing statutes:

Amendment 1

The bill suggests changing Section 6 of Title 15 MRSA §3314, which deals with the forfeiture of firearms. It specifies that any firearm used in a juvenile crime that would be considered a violation if committed by an adult must be forfeited to the state, unless another person can prove they had a lawful right to possess the firearm and were not involved in the crime. The Attorney General has the authority to establish rules for the disposition of these firearms.

Amendment 2

The bill proposes an amendment to Section 5, Paragraph A of Title 15 MRSA §5826. This change states that if a petitioner can demonstrate they had a legal right, title, or interest in a property before it was forfeited, the order of forfeiture may be invalidated.

Amendment 3

The bill proposes changes to Section 2 of Title 17-A MRSA §1504. This section outlines prohibited forfeiture and states that a court cannot order the forfeiture of a firearm if another person can prove, by a preponderance of the evidence, that they had the right to possess the firearm to the exclusion of the convicted person for crimes other than murder or unlawful homicides. For murders or unlawful homicides, another person can prove that they were the rightful owner of the stolen firearm and were not involved in the crime.

Amendment 4

The bill suggests repealing Section 3 of Title 17-A MRSA §1504, which is not specified in the summary.

Amendment 5

The bill proposes changes to Section 4 of Title 17-A MRSA §1504. It states that the Attorney General must adopt rules governing the disposition of forfeited firearms to state, county, and municipal agencies. Additionally, any firearm used in a murder or unlawful homicide that does not qualify for the prohibition on forfeiture must be destroyed by the state.

In summary, this bill seeks to extend the requirement for the destruction of forfeited firearms to all firearms that have been forfeited under the Maine Criminal Code. It eliminates one exception to mandatory forfeiture when the firearm is rightfully owned by another person. The bill also aligns the forfeiture provisions within the Maine Juvenile Code with the amendments made by this bill. Finally, it aligns relevant asset forfeiture laws with the narrowed exception for third-party claims to firearms subject to forfeiture.