§ 17-A §1504 — Forfeiture of firearms

1.
Mandatory forfeiture.
As part of every sentence imposed, except as provided in subsection 2, a court shall order that a firearm must be forfeited to the State if:
2.
Prohibited forfeiture.
Except as provided in subsection 3, a court may not order the forfeiture of a firearm otherwise qualifying for forfeiture under subsection 1 if, prior to the imposition of the person's sentence:
3.
Exceptions to prohibited forfeiture.
Notwithstanding subsection 2, paragraph A, the court shall order the forfeiture of a firearm even if another person meets the requirements of subsection 2, paragraph A if the person being sentenced was convicted of possessing a firearm in violation of Title 15, section 393 and, prior to the imposition of the person's sentence, the State satisfies the court by a preponderance of the evidence that the other person:
4.
Disposition of forfeited firearms.
The Attorney General shall adopt rules governing the disposition to state, county and municipal agencies of firearms forfeited under this section. A firearm used during a murder or other unlawful homicide crime that does not meet the prohibition from forfeiture under subsection 2, paragraph B must be destroyed by the State.

Legislative History

PL 2019, c. 113, Pt. A, §2 (NEW).