HP0411, LD 595, item 1, An Act Prohibiting a Law Enforcement Officer from Confiscating a Firearm under Certain Conditions

An Act Prohibiting a Law Enforcement Officer from Confiscating a Firearm under Certain Conditions

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 25 MRSA c. 252-B is enacted to read:

CHAPTER 252-B

PROHIBITION OF ORDERING CERTAIN ENFORCEMENT ACTIONS

§ 2021. Prohibition of ordering certain enforcement actions

1. Civil violation; first offense. A law enforcement officer who orders a subordinate officer or other officer under the supervision of the law enforcement officer, pursuant to the authority of a federal law or regulation or an executive order of the President of the United States, to seize or confiscate a firearm or firearm accessory or ammunition in the possession of a resident of this State commits a civil violation for which the fine is $1,000.

2. Class D crime; subsequent offenses. A law enforcement officer who orders a subordinate officer or other officer under the supervision of the law enforcement officer, pursuant to the authority of a federal law or regulation or executive order of the President of the United States, to seize or confiscate a firearm or firearm accessory or ammunition in the possession of a resident of this State after having committed a civil violation in violation of subsection 1 commits a Class D crime.

3. Exceptions. The provisions of subsections 1 and 2 do not apply to a law enforcement officer who orders a subordinate officer or other officer under the supervision of the law enforcement officer to seize or confiscate a firearm or firearm accessory or ammunition in the possession of a resident of this State if the firearm or firearm accessory or ammunition is being used in the commission of a Class A, Class B or Class C crime or if the law enforcement officer is assisting a federal law enforcement office or agency in conducting an investigative or enforcement action against suspected trafficking in scheduled drugs under Title 17-A, chapter 45 or suspected organized criminal activities.

SUMMARY

This bill prohibits a law enforcement officer from ordering a subordinate officer or other officer under the supervision of the law enforcement officer, pursuant to the authority of a federal law or regulation or executive order of the President of the United States, to seize or confiscate a firearm or firearm accessory or ammunition in the possession of a resident of this State. The bill designates a first violation of the law as a civil violation, punishable by a fine of $1,000, and a second violation as a Class D crime. The provisions of the bill do not apply to a law enforcement officer who engages in the prohibited conduct if the firearm or firearm accessory or ammunition is being used in the commission of a Class A, Class B or Class C crime or if the law enforcement officer is assisting a federal law enforcement office or agency in conducting an investigative or enforcement action against suspected trafficking in scheduled drugs under the Maine Revised Statutes, Title 17-A, chapter 45 or suspected organized criminal activities.

HP0411 LD 595	Session - 128th Maine Legislature		LR 21 Item 1
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