Democratic lawmakers on the Maine Legislature’s Judiciary Committee on Friday afternoon chose to carry over two bills that would abolish the 72-hour waiting period for firearm purchases in the state over objections from Republicans, effectively denying the two bills from being debated or getting a vote on the House and Senate floor this session.
LD 208 and LD 1230, two identical bills submitted by Republicans earlier this year, both would repeal the 72-hour waiting period for gun purchases in Maine that was passed and became law without the signature of Gov. Janet Mills (D) last legislative session.
The law, which took effect in August of last year, is currently suspended amid ongoing litigation challenging it on constitutional grounds. In March, Judge Lance Walker denied an appeal by Maine Attorney General Aaron Frey to lift a hold on the law that another judge had imposed because it contravenes Maine’s right to bear arms.
On Friday, the final day of the session that the committee is authorized to take up bills, Carney began with LDs 208 and 1230, suggesting that both bills should be carried over to the next session — despite the committee already having exceeded the number of bills they are allowed to carry over.
A motion from Judiciary Co-Chair Amy Kuhn (D-Falmouth) to carry over both bills sparked a tense exchange between Republicans and Democrats on the committee.
Rep. Rachel Henderson (R-Rumford) said that she “did not see any logical reason” to carry over two bills covering the same subject matter.
“Then you can vote against the motion,” Sen. Carney retorted.
“What’s the concern with carrying one over and voting one — what’s the fear of having the Legislature vote or debate this on the floor?” Rep. Henderson asked, saying that the discussion the committee has had for weeks was to have one of the bills carried over, and for the other to be reported out of the committee to the full legislature.
“The only logical reason I can think of to carry two over, is we know that the presiding officers have to approve whatever bills are actually carried over — so is the intent to not send one to the floor to be voted on, and rather carry it over, so that a presiding officer can deny that it be carried over?” Henderson asked.
Sen. David Haggan agreed with his Republican colleague.
“We should vote one out, whether it passes or not, doesn’t matter — just vote it out — the other should be a carry over,” Sen. Haggan said. “I don’t understand why this can’t happen. We vote every bill out, or most of the bills out, and there’s no reason to have a double carry over.”
Carney explained that though they initially intended to carry over one of the bills while the litigation regarding the 72-hour waiting period is still pending, she said it was her understanding that to carry one over and to report “ought not to pass” on the other to the full Legislature is “not acceptable.”
“I think it’s appropriate then to just carry both over,” Carney said.
Henderson pressed Carney if it was her intent to appeal to the presiding officers to approve either of the bills in question, or if it was her intent for the presiding officers to kill one of the bills.
“The intent is to carry them both over and have them waiting for us when we get back January,” Carney said.
Two separate roll-call votes were held on carrying over LDs 208 and 1230, with Republicans joining Democrats on voting to carry over LD 208, but voting against carrying over LD 1230.
“These types of tactics should come as no surprise, as Senator Carney has repeatedly used her position to tip the scales in favor of gun control legislation. Just a few weeks ago, Senator Carney attempted to block David Trahan, Executive Director of the Sportsman’s Alliance of Maine, from providing expert testimony after his presence was requested by lawmakers on the committee,” the National Rifle Association’s Institute for Legislative Action said in a statement on Friday.
“Earlier in the session, she attempted to silence committee members, expert witnesses from the NRA and local federal firearm licensees, and the general public from speaking in support of firearm rights,” the group added.
Curiously, the Maine Gun Safety Coalition did not seek hearings on either bill. As the leading gun control advocacy group in the state, it would stand to reason that they would welcome the opportunity to testify against the bills on the record. Unless, of course, the group knew in advance how committee leadership would roll both bills onto the next session’s docket as a tactical means of snuffing them for the time being.
Ultimately, both bills were voted to be carried over. Because the vote to carry over the bills were done by a procedural motion, Republicans were not able to offer a minority report on LD 1230.
The decision on whether either bill will be taken up as a carry over next legislative session will be up to Maine Senate President Mattie Daughtry (D-Cumberland) and House Speaker Ryan Fecteau (D-Portland).
Maine Republicans may speak out against the tactics used to deny debate, discussion or a vote on either bill early next week, sources suggest.
