LD 1579
pg. 8
Page 7 of 9 An Act To Extend the Ban on Assault Weapons Page 9 of 9
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LR 20
Item 1
 
business and place of residence and sign and make oath to the same
before said the judge. If any person so makes claim, he shall that
person must be admitted as a party to the process, and the libel,
and may hear any pertinent evidence offered by the libelant or
claimant. If the judge is, upon hearing, satisfied that said the
machine gun, assault weapon or .50 caliber rifle or .50 caliber
ammunition was not possessed in violation of this chapter, and that
claimant is entitled to the custody thereof, he the judge shall
give an order in writing, directed to the law enforcement officer
having seized the same, commanding him the law enforcement officer
to deliver to the claimant the machine gun, assault weapon or .50
caliber rifle or .50 caliber ammunition to which he the claimant is
so found to be entitled, within 48 hours after demand. If the judge
finds the claimant not entitled to possess the machine gun, assault
weapon or .50 caliber rifle or .50 caliber ammunition, he the judge
shall render judgment against him the claimant for the libelant for
costs, to be taxed as in civil cases before such judge, and issue
execution thereon, and shall declare such machine gun, assault
weapon or .50 caliber rifle or .50 caliber ammunition forfeited to
the State. The claimants may appear and shall recognize with
sureties as on appeals in civil actions from a judge. The judge may
order that the machine gun, assault weapon or .50 caliber rifle or
.50 caliber ammunition remain in the custody of the seizing law
enforcement officer, pending the disposition of the appeal. All
machine guns, assault weapons or .50 caliber rifles or .50 caliber
ammunition declared forfeited to the State, or title titles to
which have been transferred to the State in lieu of forfeiture
proceedings shall must be turned over to the Chief of the Maine
State Police. If said the machine gun, assault weapon or .50
caliber rifle or .50 caliber ammunition is found to be of a
historic, artistic, scientific or educational value, the State
Police may retain the machine gun, assault weapon or .50 caliber
rifle or .50 caliber ammunition for an indefinite period of time.
Any other machine gun, assault weapon or .50 caliber rifle or .50
caliber ammunition declared forfeited and in possession of the
State Police shall must be destroyed by a means most convenient to
the Chief of the State Police.

 
SUMMARY

 
This bill creates the Class D crime of knowingly
manufacturing, transferring or possessing an assault weapon, a
.50 caliber rifle or .50 caliber ammunition. The Legislature has
defined assault weapons as the types, series and models listed in
this bill because it was the most effective way to identify and
restrict a specific class of semiautomatic weapons. The new
crime defines several terms, including "assault weapon" and ".50
caliber rifle" and directs the Attorney General and the Chief of

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