Chapter 252-A: FIREARMS REGULATION HEADING: PL 1989, C. 359 (NEW)
§2011. State preemption
The State intends to occupy and preempt the entire field of legislation concerning
the regulation of firearms, components, ammunition and supplies. Except as provided
in subsection 3, any existing or future order, ordinance, rule or regulation in this
field of any political subdivision of the State is void.
1989, c. 359, (NEW)
Except as provided in subsection 3, no political subdivision of the State, including,
but not limited to, municipalities, counties, townships and village corporations,
may adopt any order, ordinance, rule or regulation concerning the sale, purchase,
purchase delay, transfer, ownership, use, possession, bearing, transportation, licensing,
permitting, registration, taxation or any other matter pertaining to firearms, components,
ammunition or supplies.
1989, c. 359, (NEW)
This section does not prohibit an order, ordinance, rule or regulation of any political
subdivision which, with the exception of appropriate civil penalty provisions, conforms
exactly with any applicable provision of state law or which regulates the discharge
of firearms within a jurisdiction.
1989, c. 359, (NEW)
4.Law enforcement agency.
Nothing in this section limits the power of any law enforcement agency to regulate
the type and use of firearms issued or authorized by that agency for use by its employees.
For the purposes of this section "law enforcement agency" has the same meaning as
set forth in section 3701.
1989, c. 502, Pt. D, §19 (NEW)
5.Restrictions on firearms and ammunition prohibited during state of emergency.
The provisions of this subsection apply to restrictions on firearms and ammunition
during a state of emergency, as declared by the Governor pursuant to Title 37-B, section
742, subsection 1.
A. During a state of emergency, notwithstanding any provision of law to the contrary,
a person acting on behalf or under the authority of the State or a political subdivision
of the State may not:
(1) Prohibit or restrict the otherwise lawful possession, use, carrying, transfer,
transportation, storage or display of a firearm or ammunition. The provisions of
this paragraph regarding the lawful transfer of a firearm or ammunition do not apply
to the commercial sale of a firearm or ammunition if an authorized person has ordered
an evacuation or general closure of businesses in the area of the business engaged
in the sale of firearms or ammunition;
(2) Seize or confiscate, or authorize the seizure or confiscation of, an otherwise
lawfully possessed firearm or ammunition unless the person acting on behalf of or
under the authority of the State is:
(a) Acting in self-defense against an assault;
(b) Defending another person from an assault;
(c) Arresting a person in actual possession of a firearm or ammunition for a violation
of law; or
(d) Seizing or confiscating the firearm or ammunition as evidence of a crime; or
(3) Require registration of a firearm or ammunition for which registration is not
otherwise required by state law. [2011, c. 626, §1 (NEW).]
B. An individual aggrieved by a violation of this subsection may seek relief in an action
at law or in equity for redress against any person who subjects that individual, or
causes that individual to be subjected, to an action prohibited by this subsection. [2011, c. 626, §1 (NEW).]
C. In addition to any other remedy at law or in equity, an individual aggrieved by the
seizure or confiscation of a firearm or ammunition in violation of this subsection
may bring an action for the return of the firearm or ammunition in the Superior Court
of the county in which that individual resides or in which the firearm or ammunition
is located. [2011, c. 626, §1 (NEW).]
D. In an action or proceeding to enforce this subsection, the court shall award a prevailing
plaintiff costs and reasonable attorney's fees. [2011, c. 626, §1 (NEW).]
2011, c. 626, §1 (NEW)
1989, c. 359, (NEW).
1989, c. 502, §D19 (AMD).
2011, c. 626, §1 (AMD).
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