01-05-2025
Secretary of State backs bill allowing towns to ban guns at polling places
Guns are shown at Caso's Gun-A-Rama in Jersey City, New Jersey, which has been open since 1967. (Photo by Aristide Economopoulos/NJ Monitor)
Adding to the list of gun legislation before lawmakers this session, the Legislature's Judiciary Committee held a public hearing for a series of proposals about the business practices of licensed dealers, prohibiting firearms at voting places and more.
Earlier this session, the committee heard proposals to modify the state's concealed carry laws that were ultimately voted down. The committee is also working on legislation that could update the definition of a machine gun, as well as bipartisan proposals about firearm hold agreements.
And during a vote last month, Democratic lawmakers on the committee were split on what to do with a proposal to ban the possession of large-capacity magazines.
Here's a closer look at the latest proposals and what the public had to say about them.
In the spirit of Maine's emphasis on local control, Rep. Poppy Arford (D-Brunswick) introduced LD 1743 that would allow municipalities to adopt an order, ordinance, policy or regulation that limits or prohibits firearms within its buildings and voting places and at public proceedings. The municipalities would be required to post the rule in a prominent location outside of all buildings.
Though local and state government proceedings can be contentious, Arford said people shouldn't be deterred from engaging in those meetings or voting out of fear of someone bringing a firearm.
Secretary of State Shenna Bellows, who is also running for governor next year, said towns should have the option to regulate firearms in polling places because there is often anxiety over threats to election workers that data collected by her office shows persist.
'This may not be right for every municipality, but for some, it could be the right option, and we believe they should have the option,' she said, speaking in favor of the bill.
Bellows was asked if she was concerned over this proposal restricting one right for the sake of exercising another. She said this didn't concern her, comparing it to the First Amendment limitations that already exist at polling places so as to not influence other voters.
Opponents argued that people intent on committing crimes aren't deterred by gun-free zones.
Working a patrol shift in Piscataquis County, Rep. Chad Perkins (R-Dover-Foxcroft), who is a former law enforcement officer, said he was accosted by two people. He needed help, as his nearest back up was 15 minutes away, when a nearby community member came out to help Perkins get both individuals into custody.
After the situation settled down, Perkins went back to thank the individual who helped him and found out that he was barred from his Second Amendment right to bear arms given the felony conviction on his record from a burglary he committed when he was a teenager.
Perkins has met others in a similar situation, which is why he proposed LD 1009, a 'restorative justice bill' that would provide an avenue to restore civil rights for a person convicted of a nonviolent felony after they have repaid their debt to society. The legislation stipulates that those rights can't be restored until 10 years after any imposed sentence is completed.
Perkins was asked if he would support a different approach to defelonize those nonviolent crimes, but he declined saying there needs to be a price to pay to bring justice for victims. However, the representative is open to the committee amending the aspect of his proposal that lays out the process to have one's rights restored so long as it maintains the intent of the bill.
The bill language currently excludes drug offenses from the list of convictions eligible for a person to have their rights restored. Perkins was asked about this and said he would not object if the committee decided it wanted to allow someone with a possession conviction to be included.
Maine lawmakers weigh proposals to beef up firearm storage, hold agreements
The legislation currently asks the Department of Public Safety to review applications for a person to have their rights restored by looking at criminal history and other pertinent information. The department would then notify the courts, which would ultimately issue the order restoring the right.
The department opposed the bill because of limited resources that would make it difficult to take on the additional workload. While the judicial branch testified neither for nor against the proposal, a representative pointed out that there is not a current electronic mechanism for the department to communicate this sort of information with the courts nor does the bill leave room for any judicial review.
While praising the professionalism of the vast majority of gun shop owners in Maine, Rep. Amy Kuhn (D-Falmouth) introduced a bill to help federal firearm licensees comply with regulations and feel more equipped to safely do their jobs. LD 1821 would require the Department of Public Safety to adopt rules specifying minimum security requirements for shops. This could include alarm systems, surveillance cameras and record retention.
Kuhn said other states have adopted similar measures, but she didn't want to copy from them completely. Instead, she hoped to give the department a chance to craft rules that take into account the small business landscape in Maine.
The bill also outlines required signage that would need to be posted by firearm dealers and at gun shows about background check requirements, suicide prevention resources and firearm safety course information.
While proponents of the legislation said it offered a chance for differing views to work together on common firearm safety goals, multiple gun shop owners said it would be impractical and a cost burden, particularly the proposal for shops to keep surveillance footage for multiple years.
Additionally, the Sportsman's Alliance of Maine argued that the bill was unnecessary because many of the requirements either conflict or overlap with existing federal requirements.
'ATF's got this covered,' said Executive Director David Trahan, referring to regulations developed by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.
Kuhn told the committee she was going to create a chart showing which requirements already exist in federal or state law to more clearly illustrate which of the bill's proposals are new.
The Department of Public Safety, as well as the Maine State Police, opposed the bill because the agencies said they do not have the capacity to undertake a rulemaking process or enforce the proposed provisions.
Though guns are deeply rooted in Maine's culture, Rep. Holly Stover (D-Boothbay) said they also pose a risk to public health, which is why she sponsored LD 1379. She referenced the announcement last June from then-U.S. Surgeon General Dr. Vivek Murthy declaring gun violence a public health crisis.
The proposal would require firearm dealers and gunsmithers to post warnings stating the risk of firearms to public health and that access to them increases the risk of suicide, domestic violence fatalities and unintentional deaths.
Stover argued this would not serve as a ban, but as an awareness and prevention measure similar to the labels found on tobacco products or alcohol that meet consumers at the point of sale. She also characterized this as one component of a comprehensive approach needed to prevent deaths and injuries from firearms.
However, Justin Davis, state director for the National Rifle Association, said that idea has been used as a 'political football' in recent years. He argued that Stover's proposal would deter first-time buyers, rather than steer them toward gun safety training for responsible ownership.
'That's not gun safety, that's gun avoidance,' Davis said.
After asking the committee to kill one of her bills that contained a drafting error, Rep. Melanie Sachs (D-Freeport) introduced LD 411, which would require most forfeited guns in the state to be destroyed.
Current law requires that firearms used in a murder or homicide be destroyed. Other firearms that are forfeited in the event of a crime are often auctioned off by the state.
Sachs argued the bill does not demonize firearms, but seeks to address the difference between firearms used in crimes and those used responsibly.
When asked about cutting off forfeited firearm auctions as a revenue stream from the state, Sachs pointed to the fiscal note on the bill that showed the minor cost incurred by the bill could be absorbed in the existing budget.
Trahan, of the Sportsman's Alliance of Maine who also spoke against this bill, said he would submit an amendment for the committee to consider that would redirect the revenue from state hosted firearm auctions to safe storage measures.
Also testifying against the bill, Davis cautioned the committee against thinking that people who want to purchase firearms at a lower price — like they usually are at these auctions — do so with the intention of committing a crime.
No one spoke in support of the bill during the committee meeting Thursday.
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