CHAPTER 175
H.P. 117 - L.D. 166
Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, current law does not proscribe possession of firearms in courthouses; and
Whereas, potentially inflammatory and controversial matters are resolved in courthouses; and
Whereas, it is necessary to provide for the safety of citizens who come to Maine's courthouses seeking justice and those who work therein; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1058 is enacted to read:
§1058. Possession of firearm in courthouse
1. A person may not possess a firearm in a courthouse.
2. This section does not apply to:
A. A person who is a law enforcement officer or a corrections officer acting within the course and scope of the officer's employment; or
B. A person possessing a firearm for the purpose of offering the firearm as evidence in a proceeding if the presiding judge or justice has provided prior written approval to the person and the person possesses a copy of the written approval.
3. A person who violates subsection 1 commits a Class D crime.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 20, 2005.
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