In a series of votes reflecting Maine’s divided stance on gun control, the Maine Senate this week rejected a bill redefining “machine gun” to ban bump stocks, previously vetoed by Gov. Janet Mills for its broad language, while both chambers advanced a measure requiring serial numbers on firearms and prohibiting undetectable “ghost guns.”
Those bills were considered in the Legislature alongside proposals banning large-capacity ammunition magazines and penalizing improper handgun storage in vehicles, as well as the contentious public hearing on a “red flag” law referendum prompted by legal threats from gun rights groups.
‘Bump Stock Ban’ Shot Down by Senate
The Maine Senate on Thursday evening voted down a bill introduced by Sen. Anne Carney (D-Cumberland) that proposed redefining the term “machine gun” in Maine law to include any parts that could increase the fire rate of semi-automatic rifles, such as bump stocks.
Carney’s bill would make it a Class D misdemeanor-level crime for a person to knowingly possess a “rapid-fire device” or firearm modified with such a device.
Sen. Carney previously introduced another bill aimed at banning bump stocks in the 131st Legislature, but that bill was vetoed by Gov. Janet Mills last April.
In her veto letter regarding Carney’s first attempt at the bump stock ban last year, Gov. Mills explained that she took issue with “broad and ambiguous language” in the bill related to the proposed redefining of “machine gun” in state law.
Mills expressed concerns that the bill’s language “may unintentionally ban a significant number of weapons used for hunting or target shooting by responsible gun owners in Maine.”
On Thursday the Senate voted 19-16 against the “ought to pass” report on Carney’s bill, LD 677, from the Judiciary Committee, which she chairs.
Democratic Senators Donna Bailey of York, Joe Baldacci of Penobscot, Mike Tipping of Penobscot and Craig Hickman of Kennebec voted against passing Carney’s bill.
‘Ghost Gun’ Bill Advanced Through Both Chambers
Maine lawmakers in both the House and Senate on Thursday advanced a bill that would require serial numbers on firearms and would prohibit “undetectable firearms” — guns not easily traced by standard security methods, such as 3D-printed firearms or other firearms assembled from kits sometimes called “ghost guns.”
Under the bill, LD 1126, the manufacture, sale, transfer or possession of undetectable firearms would be prohibited.
Serial numbers would also be required on firearms, frames and receivers to enhance traceability of firearms and components.
The bill, presented by Rep. Sam Zager (D-Portland) was passed along a party-line 77-70 vote in the House on Thursday, and prevailed in the Senate by a single vote in an 18-17 roll-call.
Democratic Senators Joe Baldacci and Craig Hickman were the only two Democrats to vote against the bill in the Senate. Gun rights advocates have argued that the bill would unfairly penalize ownership or transfer of antique firearms.
LD 1126 will need to pass another round of votes in both chambers before being considered for funding or sent to Gov. Mills to be signed into law.
Ban on ‘Large-capacity Ammunition Feeding Devices’ Rejected
Another gun control proposal that was rejected by the Legislature this week was a proposed ban on the possession of large-capacity ammunition feeding devices.
As proposed in the bill, LD 1109, such devices would include magazines, belts, drums, boxes, tubes, feed strips or other similar devices that can accept more than 20 round of ammunition.
Under the bill, it would a Class D crime to traffic such a large-capacity ammunition feeding device knowingly. An exception was carved out for curio, relic or antique firearms.
The bill, brought by Rep. Matthew Beck (D-South Portland), was rejected 88-59 in the House and 22-13 in the Senate.
Proposed Penalties for Storing Firearm in Car Rejected
A bill that would prohibit the storage of a handgun in an unoccupied motor vehicle, unless the firearm is stored out of sight in a locked container, was also rejected by the Maine Senate on Thursday.
LD 1299, sponsored by Sen. Rachel Talbot Ross (D-Cumberland, would make it a civil violation to store a handgun in a motor vehicle in an unsecure fashion, under threat of civil penalties.
The bill proposed a minimum $200 and maximum $500 penalty for a first violation, and a $500 to $1,000 fine for future violations.
In a roll-call vote motioned by Senator Carney to accept the “ought to pass as amended” report on LD 1299, the Senate vote against the bill 21-13, six Democrats siding with Republicans against the bill’s passage.
Democrats Cave, Hold Public Hearing on ‘Red Flag’ Law Referendum
Maine’s Democratic-led Judiciary Committee on Wednesday held a public hearing on LD 1378, a citizen-initiated “red flag” gun control referendum, after gun rights groups threatened legal action.
The bill, titled “An Act to Protect Maine Communities by Enacting the Extreme Risk Protection Order Act,” would have allowed law enforcement or family members to petition courts to temporarily confiscate firearms from individuals deemed a threat to themselves or others.
Unlike Maine’s existing “yellow flag” law, which required police-initiated action and a mental health evaluation, the proposed law aimed to streamline the process by permitting direct court petitions.
Lawmakers on the Judiciary Committee heard hours of testimony both for and against the referendum on Wednesday.
The hearing, announced late Monday, reversed earlier Democratic assertions that a public hearing was unnecessary since the bill, backed by the Maine Gun Safety Coalition, was set for a November 2024 referendum.
Republicans, led by Senate Minority Leader Trey Stewart and House Minority Leader Billy Bob Faulkingham, had accused Judiciary Committee co-chairs Sen. Anne Carney and Rep. Amy Kuhn (D-Falmouth) of violating state law by initially refusing a hearing, citing election statutes mandating public input on citizen petitions.
Gun rights groups, including the Sportsman’s Alliance of Maine and the National Rifle Association, had prepared to sue, arguing the move subverted public scrutiny.
