ME
Maine Senate Bill LD2086

Maine 2023-2024 Regular Session

Maine Senate Bill LD2086

Introduced
1/3/24  
Refer
1/3/24  
Engrossed
4/12/24  
Enrolled
4/16/24  
Passed
4/17/24  
Vetoed
5/10/24  

Caption

An Act to Amend the Law Governing the Disposition of Forfeited Firearms

Impact

The enacted bill alters state laws pertaining to the disposal of firearms that are forfeited, which can lead to a more unified and stringent application of forfeiture laws. With the requirement to destroy forfeited firearms, the bill seeks to prevent these firearms from re-entering circulation, addressing public safety concerns. Additionally, the bill eliminates certain exceptions that previously allowed rightful owners of forfeited firearms an opportunity to reclaim their property, intensifying the state's authority over such firearms and potentially affecting individuals who may claim ownership.

Summary

LD2086 is a legislative bill aimed at amending the laws governing the disposition of forfeited firearms in the state of Maine. The bill enhances the existing provisions regarding firearm forfeiture by mandating the destruction of all firearms forfeited as part of a criminal sentence, including those used in the commission of murder or other unlawful homicide crimes. This amendment is significant as it extends forfeiture requirements beyond the current scope and introduces potential changes to how firearms are managed within the judicial system, ensuring a stricter approach to firearm forfeiture in criminal cases.

Sentiment

The sentiment surrounding LD2086 is mixed. Supporters argue that the bill is a necessary step towards promoting public safety by ensuring that firearms used in serious crimes do not return to the public sphere. They assert that this measure reflects a commitment to addressing gun violence and enhancing community protection. However, opponents express concerns regarding property rights and the fairness of denying rightful owners the opportunity to reclaim their firearms, potentially leading to debates over governmental overreach and individual liberties.

Contention

Notable points of contention include the removal of exceptions allowing rightful owners to challenge forfeiture claims. Critics argue that these amendments could lead to unjust outcomes, where innocent owners might unwittingly lose their property without adequate recourse. The discussions around LD2086 highlight a balancing act between community safety priorities and individual rights, indicating that future legislative sessions may continue to grapple with these issues as they relate to firearm possession and forfeiture laws in Maine.

Latest LD2086 Activity

Companion Bills

No companion bills found.

Previously Filed As

ME LD411

Resolve, Directing the Attorney General to Update Rules Relating to the Disposition of Forfeited Firearms

ME LD1789

An Act to Remove All Marijuana-related Provisions from the Maine Criminal Code and Expunge All Convictions Involving Marijuana

ME SB337

Revises provisions governing the forfeiture of property. (BDR 14-746)

ME LD1536

An Act to Amend the Laws Governing Bail

ME HB1327

To Amend The Law Concerning Disposition Of Contraband And Seized Property; And To Allow Forfeited Firearms To Be Traded To Federally Licensed Firearms Dealers.

ME HB5383

Criminal procedure: forfeiture; disposition of funds from civil asset forfeiture; clarify. Amends sec. 4708 of 1961 PA 236 (MCL 600.4708).

ME HB0426

Firearm Amendments

ME HB4359

Creating the Criminal Forfeiture Process Act, replacing the West Virginia Contraband Forfeiture Act

ME SB0065

Asset Forfeiture Amendments

ME HSB634

A bill for an act relating to the forfeiture of property for criminal offenses and repealing civil forfeiture.(See HF 2560.)

Similar Bills

HI SB149

Relating To Property Forfeiture.

KS SB237

Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.

KS HB2396

Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.

KS HB2380

Requiring a criminal conviction for civil asset forfeiture, remitting proceeds from civil asset forfeiture to the state general fund, increasing the burden of proof required to forfeit property, making certain property ineligible for forfeiture, providing persons involved in forfeiture proceedings representation by counsel and the ability to demand a jury trial and allowing a person to request a hearing on whether forfeiture is excessive.

KS SB458

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, providing limitations on state and local law enforcement agency requests for federal adoption of a seizure under the act, requiring probable cause affidavit filing and review to commence forfeiture proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence, authorizing courts to order payment of attorney fees and costs for certain claimants and requiring the Kansas bureau of investigation to submit forfeiture fund financial reports to the legislature.

LA SB359

Provides for civil forfeiture reform. (8/1/22)

KS HB2606

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, requiring courts to make a finding that forfeiture is not excessive, restricting actions prior to commencement of forfeiture proceedings, requiring probable cause affidavit filing and review to commence proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence and authorizing courts to order payment of attorney fees and costs for certain claimants.

HI HB1965

Relating To Property Forfeiture.