SP0620
LD 1572
Session - 127th Maine Legislature
 
LR 2539
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Ensure Nondiscrimination against Gun Owners in Public Housing

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 14 MRSA §6030-F  is enacted to read:

§ 6030-F Firearms in public housing

1 Definitions.   As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A "Firearm" has the same meaning as in Title 12, section 10001, subsection 21.
B "Public housing" means any housing that is financed in whole or in part with public funds subsidizing housing accommodations.
C "Rental agreement" means an agreement, written or oral, and valid rules and regulations embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.
2 Prohibition or restriction on firearms prohibited.   A rental agreement for the provision of public housing may not contain a provision or impose a rule that requires a person to agree, as a condition of tenancy, to a prohibition or restriction on the lawful ownership, use, possession, bearing or transportation of a firearm, firearm component or ammunition on or within the premises, including the common areas of the premises, by a tenant, tenant's household member or guest.
3 Damages; attorney's fees.   If a landlord brings an action to enforce a provision or rule prohibited under subsection 2, a tenant, tenant's household member or guest may recover actual damages sustained by that tenant, tenant's household member or guest and reasonable attorney's fees.
4 Immunity.   Except in cases of gross negligence, a public housing authority or private landlord is not liable in a civil action for personal injury, death, property damage or other damages resulting from or arising out of an occurrence involving a lawfully owned firearm, firearm component or ammunition that the public housing authority or private landlord is required to allow on the property under this section.
5 Exception.   This section does not apply to any prohibition or restriction that is required by federal law or regulation.

SUMMARY

This bill prohibits a rental agreement for the provision of public housing from containing a provision requiring a tenant to agree to a prohibition on the lawful ownership, use, possession, bearing or transportation of a firearm, firearm component or ammunition on or within the premises by a tenant, tenant's household member or guest.


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