26- 239 C.M.R. ch. 4, § II

Current through 2025-03, January 15, 2025

Section 239-4-II - EXCEPTIONS TO GENERAL RULE

A. GENERAL EXCEPTION .

If a law enforcement agency other than the arresting agency believes there is a reasonable possibility that application of the factors listed below would entitle it to a forfeited firearm, it shall so advise the prosecutorial office prosecuting the criminal case. In the absence of a referral to the prosecutorial office the general rule of Section I shall apply. If the prosecutorial office agrees with that law enforcement agency's assessment, the prosecutorial office shall refer the matter to the Attorney General for final decision as to which law enforcement agency shall be given the forfeited firearm. Absent a referral to the Attorney General, the general rule shall apply.

In deciding whether a forfeited firearm should be given to a law enforcement agency other than the arresting agency, the Attorney General may consider, but is not limited by, the following factors:

1. Whether the forfeited firearm was found or seized by a law enforcement agency other than the arresting agency;

2. Whether a law enforcement agency other than the arresting agency had primary responsibility for the criminal investigation and prosecution of the case;

3. Whether a law enforcement agency other than the arresting agency discovered the information which led to the seizure of the firearm or the arrest of the defendant, or discovered other important information in the case, and whether the law enforcement agency obtained such information by use of its investigative resources, rather than fortuitously; and,

4. Whether a law enforcement agency other than the arresting agency provided unique or indispensable assistance in the criminal investigation or prosecution of the case.

B. SPECIAL EXCEPTION BASED UP0N FEDERAL OR OUT-OF-STATE ARRESTING AGENCY.

Where the arresting agency is a federal or out-of-state law enforcement agency, the Attorney General shall decide whether a firearm forfeited pursuant to 17-A M.R.S.A. §1158 shall be given to a state, county, or municipal law enforcement agency within Maine. In making this decision, the Attorney General shall be guided by, but is not limited to considering, the four factors listed in section II, subsection A above.

C. SPECIAL EXCEPTION BASED UPON FORFEITED FIREARM SERIAL NUMBER PROBLEM.

If the forfeited firearm lacks a manufacturer's serial number or is one on which that number has been altered, removed, or obscured, the Attorney General shall decide on its disposition.

26- 239 C.M.R. ch. 4, § II