Maine LD 1170: An Act Regarding Unauthorized Possession Of A Firearm In A Correctional Facility

Bill Text

Page 1 - 130LR0502(03)
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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H.P. 848 - L.D. 1170
An Act Regarding Unauthorized Possession of a Firearm in a Correctional
Facility or Jail
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1059 is enacted to read:
§1059. Unauthorized possession of a firearm in a correctional facility or jail
1. A person is guilty of unauthorized possession of a firearm in a correctional facility
or jail if that person in fact possesses a firearm in a correctional facility or jail or on the
premises of the correctional facility or jail.
2. This section does not apply to:
A. A law enforcement officer, a corrections officer or a corrections supervisor engaged
in the performance of the law enforcement officer's, corrections officer's or corrections
supervisor's public duty;
B. An employee of a courier or security service in the course and scope of employment
for the courier or security service, as approved by the chief administrative officer of
the correctional facility or the jail administrator; or
C. A person who has stored a firearm out of sight in a locked motor vehicle that is on
the premises of a correctional facility or jail.
3. It is not a defense to a prosecution under this section that the person holds a valid
permit to carry a concealed handgun issued under Title 25, chapter 252.
4. Unauthorized possession of a firearm in a correctional facility or jail is a Class D
crime.
5. For the purposes of this section, "chief administrative officer" and "correctional
facility" have the same meanings as in Title 34-A, section 1001, subsections 1 and 6,
respectively, and "jail" means a county or regional jail.
APPROVED
JUNE 17, 2021
BY GOVERNOR
CHAPTER
266
PUBLIC LAW