It's already a crime in Maine to allow a minor under the age of 16 to access a firearm without the express permission of a parent or guardian, but Democrats in Augusta are hoping to expand the current law and essentially create a one-size-fits-all storage mandate that would require gun owners to keep their firearms under lock and key unless they're being carried or under their immediate control.
LD 1120 also includes a provision that arguably intrudes on the First Amendment rights of gun sellers by requiring them to post signage in their stores warning customers that "access to a firearm in the home significantly increases the risk of suicide; death during domestic violence disputes; and the unintentional death of children, household members and others."
The National Shooting Sports Foundation and the Sportsman's Alliance of Maine are among the groups opposed to the gun storage mandate, arguing that there are better ways to protect children than the policy being pushed by the gun control lobby.
The National Shooting Sports Foundation cited a significant decrease nationally in accidental firearm deaths over the past two decades attributed to industry-led safety initiatives like Project ChildSafe. The group said mandated storage laws infringe upon individual rights and could keep law-abiding citizens from quickly accessing firearms in self-defense situations.
Gun Owners of Maine raised concerns about the bill’s public awareness provision requiring firearm dealers and gun shows display approved signage cautioning customers about secure storage and the perils associated with gun ownership, such as increased risk of suicide, domestic violence and unintentional shootings. Dealers who fail to post signage could face a civil fine of up to $200. The organization argued compliance could not be possible under the bill’s current language.
The Sportsman’s Alliance of Maine also opposes LD 1120 for fear that it may criminalize law-abiding citizens and detract from existing educational programs promoting safe firearm storage. SAM emphasized there are already laws addressing reckless firearm storage.
“(SAM) has introduced and passed legislation to create incentives for safe storage, including a sales tax exemption for gun safes and lock boxes. We have also created programs like the Safer Homes program to educate on the importance of safe storage,” the organization said in their testimony against LD 1120. “We are doing good work and bills like L.D. 1120 and 1299 detract from this important work … There are enough laws on the books to address reckless storage of a firearm."
Even the authors of the storage mandate appear to recognize that there may be times when a juvenile should be able access a firearm. LD 1120 contains an affirmative defense to the proposed law that would indemnify parents or guardians who allowed a minor to use one of their firearms in self-defense, but if gun owners are required to otherwise keep their firearms locked away it's going to be impossible for their son or daughter to gain access in the case of a home invasion or burglary.
No gun owner wants to see a child harmed because they found a gun hidden in a couch cushion or grabbed it from their mother's purse. The real question is how to best address these situations: through proactive efforts like education and financial incentives for things like gun safes, or reactive policies that can lead to criminal charges after an accidental shooting involving a child. LD 1120 is the wrong approach for a variety of reasons, but there's a significant chance that this bad bill will become a terrible law in the near future. Gun owners in Maine should be speaking out now to demand their representatives reject this heavy-handed mandate and work with Second Amendment advocates on programs that will have a more positive effect on real gun safety in the home.
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