LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
388
JULY 1, 2021 PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
H.P. 564 - L.D. 759
An Act To Amend the Child Endangerment Laws To Include Certain
Unauthorized Access to a Loaded Firearm
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §554, sub-§1, ¶B-3, as amended by PL 2015, c. 358, §3, is
further amended to read:
B-3. Being the parent, foster parent, guardian or other person having the care and
custody of a child, knowingly deprives the child of necessary health care, with a result
that the child is placed in danger of serious harm. Violation of this paragraph is a Class
D crime; or
Sec. 2. 17-A MRSA §554, sub-§1, ¶B-4 is enacted to read:
B-4. Acting with criminal negligence stores or leaves on premises that are under the
person's control a loaded firearm in a manner that allows a child under 16 years of age
to gain access to the loaded firearm without the permission of the child's parent, foster
parent or guardian and the child in fact gains access to the loaded firearm and:
(1) Uses the loaded firearm in a reckless or threatening manner;
(2) Uses the loaded firearm during the commission of a crime; or
(3) Discharges the loaded firearm.
Violation of this paragraph is a Class D crime; or
Sec. 3. 17-A MRSA §554, sub-§4 is enacted to read:
4. It is an affirmative defense to prosecution under subsection 1, paragraph B-4 that:
A. The loaded firearm is:
(1) Stored in a locked box, locked gun safe or other secure, locked space;
(2) Stored or left in a location that a reasonable person would believe to be secure;
or
(3) Secured with a trigger lock or similar device that prevents the firearm from
discharging;
Page 1 - 130LR0481(05)
B. The loaded firearm is carried on the person or within such close proximity to the
person that the person can readily retrieve and use the firearm as if the firearm were
carried on the person;
C. A child who in fact gains access to the loaded firearm gains access in order to
defend the child or a 3rd person under the circumstances enumerated in section 108,
subsection 2, paragraph A or B;
D. The person has no reasonable expectation, based on objective facts and
circumstances, that a child is likely to be present on the premises where the person
stores or leaves the loaded firearm;
E. A child in fact gains access to the loaded firearm as the result of a criminal trespass
by any person on the premises where the firearm is stored or left; or
F. A child in fact gains access to the loaded firearm as the result of a theft of the firearm
by any person from the premises where the firearm is stored or left.
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Statutes affected:
Bill Text LD 759, HP 564: 17-A.554
Bill Text ACTPUB , Chapter 388: 17-A.554