Legislative Update

Political Analysis of 2020 General Election

Progressive Dark Money About to Rock Our Political World

“Progressives believe that the concentration of wealth and power into the hands of a select few does more to damage the general welfare of the country than to promote it.” Progressive Army — Tenets of Modern Progressivism

Mainers, sportsmen and women, SAM members, conservationists, lovers of hunting, fishing, and everything outdoors — hear me! One of the most important election cycles of our life is on our doorstep, and groups that oppose our way of life are poised to gain greater influence. National and state Progressive groups, many hostile toward firearm rights, fueled by seething anger toward our President, are energized, organized, and better funded than at any time in history. With the election almost a year out, they are already here in Maine making preparations to receive unprecedented millions to influence the upcoming elections.

Billionaires like George Soros, and recently announced presidential candidate Michael Bloomberg, are pouring money into urban areas like Portland, Camden, and Lewiston, hiring political operatives, setting up headquarters, recruiting idealistic and easily manipulated college students as foot soldiers, and reinforcing organizations they established in the recent past. Their targets are Republicans and rural moderate Blue Dog Democrats — our friends who consistently support our traditions and outdoor culture, like hunting and firearm rights.

These groups are already attacking Republican U.S. Sen. Susan Collins in what will be one of the nastiest and most expensive U.S. Senate races in Maine history. Progressives don’t care that she was voted the most bi-partisan U.S. Senator in Washington; they see an opportunity to win every seat in New England. There are six New England states, and of the six, Democrats holds 32 of 33 Senate and House seats from a region that was once a Republican stronghold. With so many safe Democrat incumbents in New England, Democrats can shift most of their focus and money on winning this last remaining seat, and also shift the majority balance in the Senate from Republicans to Democrats. Progressives know this, and are trying to piggyback on party efforts, become more relevant, and force the Democrat agenda farther to the left. This is bad news for Republicans, moderate rural Democrats, and Mainers.

Who Are the Progressives in Maine? 

Progressives in Maine are a minority of urban Democrats and Greens whose backbone is the Maine People’s Alliance (MPA), based in Portland, and funded mostly by groups established by the controversial billionaire, George Soros. Soros usually focuses his millions in spending on pro-immigration and social justice issues. During the LePage administration, the Maine People’s Alliance successfully used the referendum system and the Soros’ organization (the Open Society Foundation), to not only put liberal policies on the referendum ballot, but to also build a progressive political network of paid canvassers and political operatives throughout the mostly populated urban areas of Maine. They have an impressive list of partners and allies (https://www.mainepeoplesalliance.org/allies) that make up the core of the progressive MPA network. They are public sector unions, progressive-leaning environmental groups, and social justice splinter groups based in southern Maine. This 50-member strong base will likely be used as the conduit to organize and distribute much of the progressive dark money that will flow into Maine in 2020.

George Soros and the Open Society Goes Guns for Your Guns

On September 4, 2019, NewsBusters reported that Soros was now spending millions on gun control: “Through his Open Society Policy Center, Soros’ money helped advocate the repeal of the “Protection of Lawful Commerce in Arms Act” (PLCAA), which protects gun companies from lawsuits related to crimes committed with firearms. In total, Soros spent $8,520,000 lobbying for legislation that mostly focused on removing this liability protection. It is not a coincidence that on 12/5/2019, current presidential candidate and fellow billionaire Michael Bloomberg announced a series of draconian gun control measures that he would introduce if elected President. This repeal was at the top of his list.

If Soros and Bloomberg succeed, this policy would be the end of firearm manufacturers, as it would open them up to endless frivolous lawsuits — and Soros and Bloomberg know it.

Presidential Candidate Michael Bloomberg Supplants Beto O’Rourke

Presidential candidate Robert Francis (Beto) O’Rourke rocked the Democrat’s world, when in a televised debate he announced that, if elected, he would confiscate AR-15s and other types of semi-automatic firearms. Do you think it is a coincidence that just a few short weeks later his campaign would spontaneously combust? It is likely that leaders of the gun control movement, like Michael Bloomberg, were losing their minds as Beto went off script. Up to this point in time, the press, gun control organizations, and sitting pro-gun control legislators have been able to control the message to sound reasonable, using language like “gun safety” instead of words like, “confiscation”. Worse, many in the progressive movement seized on his statement with a loud “Hell Yes!”

Many in the gun control movement realized that if O’Rourke was successful in labeling Democrats as the party of gun confiscation, the resulting blowback from voters, and the already nervous moderate Democrat candidates, could end any political momentum they had created for 2020. Beto needed to go — and go he did!

Bloomberg Splashes onto the Scene

No billionaire is more committed to gun control than Michael Bloomberg. He has started gun control organizations throughout the country, including in Maine, and he has publicly declared war on the NRA. In the not-too-distant past, as Mayor of New York he instituted the “stop and frisk” policy that allowed officers to stop city residents and search them randomly for weapons. At the height of his program, and in one year, over 600,000 New Yorkers were stopped without cause and searched. Problem is, the vast majority were African American and Hispanic. In a landmark civil-rights ruling, the federal court crushed the policy. This from the Center for Constitutional Rights: “a federal court found the New York City Police Department’s highly controversial stop-and-frisk practices unconstitutional. In her thorough 198-page ruling, Judge Shira Scheindlin found the NYPD’s practices to violate New Yorkers’ Fourth Amendment rights to be free from unreasonable searches and seizures, and also found that the practices were racially discriminatory, in violation of the Equal Protection Clause of the Fourteenth Amendment.”

Fast forward: Bloomberg just announced he would run as a Democrat for President. In his first speech to a predominantly black church in Brooklyn, he apologized for the “stop and frisk” policy. This letter writer in The New York Timessaid it best: “It’s too late and too facile, especially coming at a time when it serves Michael R. Bloomberg’s electoral interests. Especially when he defended the tactic for years in the face of undeniable evidence that it was racist and illegal. He even said, ‘I think we disproportionately stop whites too much and minorities too little.’”

For a party courting minority voters like African Americans and Hispanics, Bloomberg’s entry into the Presidential race creates serious and legitimate openings for opponents to rightly claim racist hypocrisy! For that reason, I do not believe Michael Bloomberg has a snowball’s chance in Haiti to win the Democrat primary. Instead I believe he is running to be on the stage to retake the gun control message from the Beto O’Rourkes, and to reset the debate from “confiscation” to “commonsense gun regulation”. In addition, by running for President, he can use existing party infrastructure to build a predominantly progressive network of gun control activists across the country. When he loses in the June 2020 primary, he can then feed his gun control money into the same network of progressive groups as George Soros, thereby amplifying his message and resources.

The Perfect Storm of Money and Anger is Building on the Horizon as Progressives Begin Attacks on SAM and Gun Owners — They Will Go After Anyone Who Defends the Right to Own Firearms and Defends Our Outdoor Traditions.

There are several new progressive groups that have emerged in the last year. “Suit Up Maine”, a supposedly all-volunteer grassroots group of “so-called” Mainers, claim they are working to raise awareness around issues such as civil rights and social justice. They are the group that holds sit-in vigils at the offices of Senator Susan Collins. They recently attacked SAM on social media, claiming we were a puppet of the NRA. They also posted a picture of our staff, with posters on their site wanting to know “names”. I thought the threat was serious enough to go public. I appeared on the radio program WVOM in Bangor the next day to expose them. A group called “Lewiston Indivisible” followed suit, with the same types of threats. A quick Internet search immediately connected these two groups to — you guessed it — the Maine People’s Alliance, and George Soros!

Every Legal Firearm Owner Should Be Concerned

This election cycle, two billionaires, Michael Bloomberg and George Soros, will lead a cast of fellow billionaires and national progressives with financial resources that is unprecedented in modern political elections. They will be seeking like-minded progressives to run as candidates for office, who will vote to take your firearm rights, and in many cases our outdoor culture. Using their endless supply of money, they will accelerate the establishment of progressive political bulkheads in every populated area of Maine. They will hire paid canvassers to swarm over the countryside, to tell you how wonderful their favorite candidate is and how horrible their opponent is.

They have, and will, use their money to buy up media outlets well before the election. And because their money is unlimited, media outlets will raise their ad rates to levels their opposition cannot afford. They will squash and manipulate the debate by buying their opposition out of the media market.

All media markets will be consumed by the Collins Senate race, while progressive groups use their unlimited supply of money to win the ground game throughout Maine for legislative candidates who are loyal to policies promoted by the Bloombergs and Soroses of the world.

No Republican or Reasonable Democrat Will be Spared

No Republican or Democrat who doesn’t agree to support the progressive political agenda will be spared. Just last session, progressives at the Maine People’s Alliance threatened two rural Democrats, then-Representative (now Senator) Luchini, D-Hancock, and Sen. Dill, D-Penobscot, that if they did not vote the MPA way, they would face a primary. It didn’t matter to the MPA whether the policies were appropriate for the two rural legislative districts — it was their way or the highway! Each survived their race, but the MPA delivered on their threat and the message was sent to every Democrat seeking office — vote their way or else. We have many Blue Dog Democrats who support firearm rights and the outdoor traditions we care about. Without them last session, and in the past, we would not have been successful. Progressives know SAM stands in the way, so they will try to crush us or strongarm Democrats to distance themselves from us, and at the same time from their constituents. It is crucial we defend all of our friends and push back against their intimidation.

For Republicans already in the minority at the statehouse, the situation is bleak. The money pouring into Maine will be to defeat Collins and push gun control. With limited funds and the U.S. Senate majority at stake, national Republican contributors will rally behind Collins, which means little resources will be available to defend state Republican House and Senate seats. Every seat lost to a progressive is a lost friend.

What Does It Mean for Rural Maine and the Rural Culture?  

A progressive who supports gun or hunting rights is as rare as a Wooly Mammoth. Just look to progressive states like California to see what a future under progressive rule would be like. If we have learned one thing from the most recent national and state elections, it is that the political divide between rural and urban areas of the country and within our state are growing. Vote totals in the bear and background check referendums showed urban voters strongly supporting both initiatives, and rural voters opposing in droves. It also showed Democrats winning big in populated urban centers and Republicans winning rural areas, with few exceptions. 

The problem with most recent elections is that urban centers are becoming more politically progressive and rural areas more conservative; consequently, where this dynamic begins to go off the rails and swing the political advantage to progressives is because urban areas are also where the wealth is concentrated. This disturbing trend means rural residents in sparsely populated areas have a diminishing ability to raise money to defend their communities from those who impose their political will from another region of the state or nation. Progressives realize they are the minority, but their advantage is money. Absent the ability to win issues on their merit, they will attempt to win control of our lawmaking process by financial superiority. 

We are about to enter an election where a few billionaires and a minority of progressive activists, buoyed by an endless supply of money, are about to overwhelm our Republic. These same people have shown nothing but contempt for our firearm and hunting rights, as well as our culture. If we love our way of life, we must fight for it!

What Hope Do We have?

The best thing we can do is to educate ourselves and our friends. When political operatives come to your door, ask who they work for. Use the Internet to research who these groups are, and what they stand for. Educate your family and neighbors about those candidates who support our outdoor rights and culture, and those who do not. By all means, become a savvy voter. Candidates will often dodge questions on topics like guns and hunting — don’t let them. Make it clear you want an answer, and if not, you’ll vote for their opponent. As an average Mainer it is nearly impossible to compete with billionaires, but what they can’t buy with money is the deep love and passion we feel for the outdoors, and the freedom which our Constitution guarantees. 

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2019 November/December Legislative Report

Sportsmen and Women had a Good Legislative Session

Unfortunately, Gun-Control Advocates Returning in 2020

Gun Control Bills Fizzle

In the last legislative session, SAM was at the tip of the spear negotiating gun control and gun safety legislation. There were over a dozen perennial gun control bills, mostly driven by out-of-state organizations. In addition, the same groups introduced a very controversial “Red Flag” bill that enabled individuals to seek a court order to temporarily take firearms from individuals. All these bills failed, including the “Red Flag” bill, and we negotiated a new bill, LD 1811: “An Act to Enhance Personal and Public Safety by Requiring Evaluations of and Judicial Hearings for Persons in Protective Custody Regarding Risk of Harm and Restricting Access to Dangerous Weapons.” The bill was supported by the gun rights community and over a dozen other organizations, and it passed easily. The bill strengthened the protective custody statute for individuals in a mental health crisis, who are released without treatment and may be a danger to themselves or others. The bill is now part of the U.S. Congress debate as a much better alternative than the so-called “Red Flag” legislation.

There were two other SAM bills that passed the legislature related to this subject, both sponsored by Rep. Patrick Corey, R-Windham: one to create a School Safety Center at the Department of Education, to constantly update and improve security measures and training in Maine schools; and another incentive-based bill to establish a sales tax exemption for gun safes and lock boxes. That bill remains in the Appropriation Committee, waiting for final approval and funding.

Out-of-State Big Money Groups Coming Again in 2020

Although we were successful in killing all the bad gun bills this last session, the opposition has regrouped and they are coming again in 2020. Funded by billionaires George Soros and Michael Bloomberg, pro-gun control legislators in Maine have reintroduced many of the same bills we killed last year. Below is a partial list of the gun control bills being proposed for the next session and their sponsors. It just never ends!   

(CRIMINAL JUSTICE AND PUBLIC SAFETY; CRIMES; ENDANGERING) LR 2887: “An Act to Amend the Statute Regarding Endangering the Welfare of a Child to Include Allowing Children Access to Loaded Firearms without Permission.” Sponsor: Representative Doudera of Camden.

(POSSESSION) LR 2645: “An Act to Require a Person Who Owns a Firearm to Purchase Liability Insurance.” Sponsor: Representative Cooper of Yarmouth.

LR 2692: “An Act to Safeguard Children by Aligning the Laws Concerning the Possession of Firearms on Nursery School and Child Care Facility Properties with the Laws Governing the Possession of Firearms on School Property.” Sponsor: Senator Gratwick of Penobscot.

LR 3071: “An Act to Stop the Trafficking of Firearms.”

Sponsor: Representative Gramlich of Old Orchard Beach

(The next three are particularly interesting, as they refer to the misleading term “assault weapon.”)

LR 2829: “An Act to Amend the Definition of the Term “’Machine Gun.’”

Sponsor: Representative Doudera of Camden

(WEAPONS SALES) LR 2812: “An Act to Ban the Distribution of Assault Weapons without Proper Authority.” Sponsor: Representative Reckitt of South Portland.

(CRIMINAL JUSTICE AND PUBLIC SAFETY: WEAPONS SALES) LR 2953: “An Act to Prevent Mass Shootings in Maine by Banning Assault-style Weapons.” Sponsor: Representative Morales of South Portland

Department Receives Long-Needed Funding Boost  

In Maine, hunting generates 3,400 jobs, mostly in economically challenged rural areas of the state. Fishing in Maine provides a similar 3,330 jobs, and together with hunting they generate nearly $.75 billion in economic activity. These amazing numbers are generated with a tiny marketing budget, as most of the State’s marketing dollars are spent promoting coastal tourism. For years we have battled to get some money spent in the areas outside coastal Maine, and finally, Governor Mills proposed and DIFW has received an additional $250,000 in new marketing and communications dollars. In the coming months we hope to see a new plan on how those dollars will be spent, but we hope it will be outside the Gold Coast of Maine.

DIFW Landowner Relations Program Receives Additional Appropriation

     With over 95% of Maine in private ownership, access to private land for hunting, fishing, and trapping is paramount. That means constantly working to build positive relationships between outdoor recreationists and landowners. The small but effective landowner relations program at DIFW, led by Warden Rick LaFlamme, got a well-deserved funding boost to the tune of $150,000. From initial discussions at DIFW, it appears the new funding will go to address illegal dumping.

Several New Hunting Opportunities for Kids and Adults

The Legislature endorsed several new opportunities for hunters. SAM introduced a comprehensive overhaul of the turkey hunting management plan through Senator Black, R-Wilton. The bill would have broadly expanded the bag limit on turkey in appropriate Wildlife Management Districts to 6, and made other changes. Immediately the new Commissioner, Judy Camuso, entered into discussions with us, and after just a few meetings it was obvious the Department was receptive to increasing turkey bag limits — and they were willing to do it without a new law. As a result, we withdrew our bill and the Department implemented a new fall, 5-bird bag limit in some Wildlife Management Districts (WMDs)as well as an earlier season, which would start in September.

We have a similar SAM bill related to bear management that would expand bag limits and opportunity. That bill has been carried over until the next session in 2020. Initial discussions between SAM and DIFW have been very productive, and we remain hopeful.  

A new “Cast and Blast” opportunity was created, that started the grouse season on the last Saturday in September. Another bill was passed that directed the Commissioner to establish a new Thanksgiving Day Youth Turkey hunting day, and finally, another bill will allow the use of crossbows in the regular archery hunting season for deer.

Land for Maine’s Future (LMF) Bond Still Needs Funding There is still one big item to be resolved, and that is a new General Fund Bond to replenish the deleted LMF program. In the last voter-approved LMF bond, SAM, working with well-respected deer biologist and SAM consultant Gerry Lavigne, was successful in amending the LMF program to prioritize the purchase of land that contains critical wildlife habitat like deer yards and trout spawning habitat. There was not consensus in the 2019 session, and we could not achieve a necessary 2/3 vote to put the issue on the ballot. But we feel really good about our chances. In the last LMF bond, this new prioritization of critical habitat led to the purchase and protection of 5,000 acres of deer yards and the permanent protection of miles of trout spawning habitat in the Forks region, near Jackman.       

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2019 September/October Legislative Report

Four SAM ILA Bills Held Over Until 2020 Legislative Session

     As the summer wanes, SAM is beginning to focus on new and unfinished legislative matters. We introduced several bills that were passed into law, like the shooting range bill, sponsored by Rep. Corey, that stops hostile neighbors from building an empty shack next to an established range and then calling the police. This was a dishonest use of the hunting rules which made it illegal to hunt near farm buildings (300 feet), and they used it to shut down shooting ranges. Perhaps these landowners should have purchased a home a little further from an existing range, just like building homeowner who chose to build or buy next to a chicken farm or gravel pit.

We have four SAM ILA bills that were held over and will be resolved in 2020. One, sponsored by Senator Black, gives the Commissioner of DIFW the authority to expand hunter opportunity to harvest an additional black bear using all methods (baiting, hounding, or trapping), and lowering bear permit fees. The bill was introduced to slow the uncontrolled growth of the bear population. Obviously, the Humane Society of the United States and their allies are balking, but I think we will succeed. We met with a group of stakeholders at the end of the session, and an amendment is pending re-adjournment.

Hunting on Public Reserved Land

Currently, state law bans the discharge of firearms within, 300 feet on either side of marked trails on Public Reserved lands when marked hiking trails are created. That creates a 600-foot wide no-shooting (and hunting) zone along these trails. Another SAM bill held over, LD 1270: “An Act to Create Certain Recreational Opportunities on State-owned Land”, sponsored by Senate President Troy Jackson, is held over until next year. The bill creates a new hiking trail designation where hunting would be allowed when and where appropriate. Heavily populated and crowded trails would remain no discharge, but some rural, sparsely-used trails could be open or created that would allow hunting – with proper signage, of course.

Another SAM ILA bill, sponsored by Senator Davis, would allow the use of mineral blocks, designed to benefit wildlife, in the spring and early summer. The blocks were inadvertently banned along with other feed two years ago. There was no real justification for banning mineral blocks, and our consulting biologist, Gerry Lavigne, concurred that they were beneficial to wildlife health.

The fourth and final bill was sponsored by Rep. Corey, our good friend from Windham. The bill created a sales tax exemption for the purchase of gun safes and other firearm safety devices. The bill received a unanimous ought-to pass report from the Taxation Committee and went on to pass the Legislature and was later placed on the Appropriations table. That means, in order to become law, the bill needed funding: $80,000, to be specific. The Legislature did not fund the bill in the biennial state budget, so in order to keep the bill alive it was carried over until 2020. I guess incentive-based gun safety measures aren’t a Legislative priority! Who would have guessed?

     The remainder of this Legislative Report is provided on our website: sportsmansallianceofmaine.org. The information was provided by the Department of Inland fisheries and Wildlife (DIFW) and contains 28 pages of bills tracked by the Department and our organization. The file contains links and final disposition of all the bills tracked during the first year of the 2-year legislative session. Many of the bills have already been in the SAM News, but for those who would like to see all the bills that were worked, please visit our website. Again: sportsmansallianceofmaine.org.  

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2019 July/August Legislative Report

     The legislature is still in session as I write this report. Some bills have been resolved by defeating the bill, amending it, or passing it. This report is only going to address the bills which have passed and become law. A future report will speak to the remaining bills.

     LD 27: “An Act to Allow the Use of Crossbows during the Archery Season on Deer.”

     For a period of three years, beginning in 2020, LD 27 allows a person to hunt deer with a crossbow during the open archery season on deer and the fall season on turkeys. It also states that a person using a crossbow must have an antlerless deer permit to harvest an antlerless deer during the regular archery season. It also requires a report back to the committee.

     LD 33: “An Act to Establish Thanksgiving Youth Turkey Hunting Season.”

     This bill directs the Commissioner of the Department of Inland Fisheries and Wildlife to consider establishing a special youth turkey hunting day during the fall season. The commissioner has the authority to do it currently.

     LD 79: “An Act to Protect Shooting Ranges.”

     This is a SAM bill, and it allows the discharge of a firearm on a sport shooting range that is within 100 yards of a building, if the shooting range was established and in regular operation prior to the erection of the building.

     LD 265: “An Act to Increase Opportunities for Hunters, Anglers, and Sporting Camps by Expanding the Season on Upland Game.”

     This bill establishes that the open season on upland game must begin on the last Saturday in September, and authorizes the Commissioner of Inland Fisheries and Wildlife to establish the length of the season. It also removes ring-necked pheasant from the definition of “upland game.”

     LD 490: “An Act to Give the Commissioner of Inland Fisheries and Wildlife the Authority To Change the Opening Dates of Trapping Seasons Based on Weather Conditions.”

     This bill authorizes the Commissioner of Inland Fisheries and Wildlife to change a trapping season opening date, if weather conditions make that change necessary.

     LD 528: “An Act to Increase the Number of Clubs That May Be Issued a Special Dog Training Area License.”

     This amendment replaces the bill and adds an emergency preamble and emergency clause. It increases from 5 to 8 the number of clubs per county for which the Commissioner of Inland Fisheries and Wildlife may issue a special dog training area license.

     LD 881: “An Act To Ensure Equitable Treatment of Super-Pack License Holders in Antlerless Deer Permit Lotteries.”

     This amendment replaces the bill and adds an emergency preamble and an emergency clause. It specifies that a person who obtains a Super-Pack license also receives an antlerless deer permit under certain conditions, and the opportunity to enter a bonus antlerless-only deer permit lottery. It also allows a Super-Pack licensee to enter an antlerless deer permit lottery if that person does not obtain an antlerless deer permit under certain conditions specified in law.

     LD 932: “An Act Regarding Moose Permit Sub-permittees.”

     This bill requires the Commissioner of Inland Fisheries and Wildlife to transfer a moose permit to a family member who meets eligibility and permit requirements and who is not otherwise prohibited from holding the moose permit if the permit holder dies at any time prior to or during the moose hunting season if a moose has not yet been harvested under that permit.

     LD 1147: “Resolve, to Direct the Commissioner of Inland Fisheries and Wildlife To Study Registration Fees for All-terrain Vehicles and Snowmobiles.”

     It directs the Commissioner of Inland Fisheries and Wildlife to review, in consultation with interested parties, the current registration fees for all-terrain vehicles and snowmobiles to consider alternatives to the current fee structure and the potential effects on revenue that these alternatives may have. It requires the Commissioner to submit a report to the Joint Standing Committee on Inland Fisheries and Wildlife detailing the alternatives considered and any recommendations. It gives the committee the authority to report out a bill based on the Commissioner’s report.

     LD 1298: “An Act to Enhance Fish and Wildlife Laws.”

     This bill provides the Commissioner of Inland Fisheries and Wildlife the authority to change the closing date of the recreational ice-fishing season by rule. It also amends the rule-making provision of the law governing open seasons for fishing to explicitly provide for adoption of emergency rules.

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Legislative Report: November 2017 Updates

As the Second Session nears, there are still several political issues left to resolve. There is a constitutional resolve, sponsored by Rep. Steve Wood, to establish the “right to hunt, fish, and trap” that was held over until this year.

This is a SAM bill, modeled after the 30 or so states that have adopted this protection.

LD 31, another SAM bill, sponsored by Rep. Espling, would require qualifying signatures for citizen initiatives (referendums) to come from both of Maine’s Congressional Districts. I wrote extensively about this bill in the last SAM News so I won’t rehash the same information, but this bill is essential to restore fairness to rural Maine voters.

Maine Democrats have blocked these two bills from receiving the needed two-thirds (2/3) vote to appear on the ballot for your approval. That is not a partisan statement, it is reality. Not a single Republican has voted against LD 31 in two legislative sessions, or the last three years.

The Right to Hunt legislation also has broad Republican support.

When these two bills are finally resolved, I will report roll calls, both supporters and opposition.

These two bills will be the foundation of our work in the next election.

Other SAM Legislation: Legislature Goes Too Far Banning Mineral Blocks

Last year we testified against LD 767, An Act to Prohibit the Feeding of Deer from August 15 to December 15. The bill is short and sweet, saying, “A person may not place salt or any other bait or food in a place to entice deer to that place, from June 1 to the start of an open hunting season on deer and, if all open hunting seasons on deer are closed before December 15 for that year, from the close of the last open hunting season on deer to December 15.”

LD 767 goes too far; after a long hard winter, deer and other wildlife like moose crave natural minerals like salt to replenish their reserves. In the spring it is common to deer and moose to frequent salt licks along the edges of roads, where plow trucks have sanded to melt ice and snow.

In addition, many people place mineral blocks in their woods to assist these wild animals. These blocks, placed away from the road, draw wildlife away from traffic, making our roads safer.

Banning mineral blocks in June and through the summer makes no sense. There are no hunting seasons, and we saw no proof the blocks spread disease. I have discussed this issue with our consulting deer biologist, Gerry Lavigne, and he agrees that this bill was a solution looking for a problem. The Senate Chair of the Inland Fisheries and Wildlife committee, Senator Cyrway, has agreed to introduce a bill to repeal LD 767 on our behalf.  

No Hunting on Public Reserved Marked Hiking Trails

One of our SAM members brought to our attention a law and rule that exists, passed in the 1970s and ‘80s, that we will attempt to repeal and replace because it is outdated and makes no sense.

There are about 500,000 acres of Public Reserved lands owned by the people of Maine, and on those lands are 175 miles of marked hiking trails. Many of the trails are in very remote hard to reach areas of Maine, although some are in more populated areas in the southern part of the state as well.

Many sportsmen and women share these trails to get into prime hunting areas, but a surprise to many was a state law passed in the 1970s that says:

Title 12, Part 2, Chapter 220, subsection 1806, Part F. “Discharges any firearm, bow and arrow, weapon powered by carbon dioxide cartridges or other weapon within 300 feet of any picnic area, designated camping area, parking area, building, shelter or boat launching site, or in violation of park rules or in areas closed to hunting by rule, law or ordinance;”

The problem is not this section, it is with another department rule that was added to this section of law in the 1980s, which reads:

1.12 Firearms. “Except for persons holding a valid Maine concealed weapons permit, loaded firearms are not permitted in campsites, on marked hiking trails, or at boat launches and picnic sites, and should not be discharged within 300 feet of such areas.”

(From Chapter 51, Department of Agriculture Conservation and Forestry, Bureau of Parks and Public Lands rules, titled, “Use of Public Lands”.)

What this law and rules does is ban hunting on a 600-foot wide swath, (“ … within 300 feet on each side of all marked hiking trails … ) on Public Reserved Land. This is a total of 500,000 acres! It also creates an exception to the recently passed law that allows citizens (who are not prohibited from owning firearms) to carry a concealed firearm without a concealed firearm permit on these same trails.

This obscure law and rule causes many problems for sportsmen and women. I will get to that in a moment, but first, the biggest issue is whether SAM should continue promoting programs like Land for Maine’s Future (LMF), which claims to buy land to preserve traditional uses like hunting, fishing and farming, when we now know that large swaths of LMF land are designated no hunting, just because a hiking trail becomes “marked”, not because a ban on hunting is warranted.

In other words, one user group (non-consumptive hikers) can ban another traditional land user group (hunters) by simply “marking” existing paths and trails on public reserved land. We are not comfortable continuing to promote buying public land while this hunting ban exists.

We understand that some hiking trails experience high traffic use in populated areas, particularly in suburban areas. We also understand that hunting is not always appropriate in some areas.

Unfortunately, the way the law was written, there is no flexibility to allow hunting on “marked hunting trails” where appropriate; in addition, it appears the majority of hikers are not allowed to carry a firearm for self-protection, or to ward off unfriendly animals, like bears and moose. As a result, SAM has asked Senate President Mike Thibideau to introduce legislation on our behalf, to change the current statute and rule to allow some marked hiking trails, “determined by use and threat to public safety” to be designated “no hunting”, and open up the rest to allow hunting.

The SAM bill would also allow future, unbuilt marked hiking trails to be open to hunting. It allows that a trail can be designated “no-hunting”, but this must be done through public rule making, where we sportsmen would have a voice, and it must be based on a public safety standard.

Legislative Report: September 2017 Updates

The legislature finally finished their work on August 2. The last piece of SAM legislation to pass and become law is LD 1323 (see below).

In the last referendum cycle, 38,000 signatures were deemed invalid by the Secretary of State because of problems with Notaries; in addition, during our testimony to the Veteran’s and Legal Affairs committee we revealed how paid signature collection companies were hiring petitioners, then using their own staff to notarize their petitions. This “fox guarding the henhouse” scenario is typical of these out-of-state, money driven campaigns.

A key provision in this new law states that a person cannot be hired by a campaign and also notarize petitions. Other sections give more authority and power to invalidate petitions for sloppy notary work. The law also creates a way to report potential fraud.

Senator Chipman notarizes the signatures of his own referendum signature-gathering employees for a living. Ironically, he tried to amend the bill to gut important provisions through an amendment in the Senate, including those affecting his notary business.

He knew it would look self-serving if he sponsored the amendment himself, so he asked fellow Sen. Jackson to sponsor it for him. I discussed this conflict with Sen. Jackson and talked with members of his Democratic caucus, and they decided not to submit the amendment.

Sen. Chipman’s financial bottom line is directly impacted by the changes proposed in LD 1323, and he would likely lose money if it passed. He should have disclosed this fact and recused himself from the vote, but, not surprisingly, he did not.

Some key points of the new law:

  • The referendum reform bill would give more authority to the Secretary of State to revoke a Notary’s commission for allowing another to use it.
  • The Notary must notarize the petition in the presence of the circulator.
  • A Notary cannot be employed by a referendum campaign in any capacity except as a Notary.
  • Τhe Secretary of State may invalidate a petition if the Secretary of State is unable to verify the notarization of that petition.
  • The bill directs the Secretary of State to establish a method to facilitate the acceptance of reports from members of the public regarding suspected fraudulent or illegal signature gathering practices for direct initiative and people’s veto petitions.

Tougher Laws for Hunting over Bait

There is a new law that toughens the penalty for hunting over bait. Representative Will Tuell of Washington County sponsored the bill, and it was amended to affect a person who is convicted of hunting over bait during an open season on deer. The new penalty is license revocation for one year. A second offense requires revocation for two years. Fines are left up to the Judge.

Tougher Licensing Rules for Guides

Senator Paul Davis sponsored a bill on behalf of DIFW that “authorizes the Commission of Inland Fisheries and Wildlife to revoke, suspend, refuse to issue, or refuse to renew a guide license, if the license holder has been convicted of committing a crime punishable by imprisonment for one year or more, or is found not criminally responsible by reason of insanity of committing a crime punishable by imprisonment for a term of one year.”

Guides affected by this provision can request a hearing to appeal the revocation, suspension, or denial. It also requires the applicant or holder of a guide’s license to notify DIF&W of any conviction.

Law Changed to Clarify Hunting from a Vehicle

The law prohibiting shooting a gun that’s resting on a motor vehicle has been clarified. What was once against the law, “resting the gun up against a motor vehicle” has been amended to make it acceptable to rest a loaded firearm on a vehicle. Representative Joel Stetkis, with the urging of our friend Jeff Zimba, introduced the bill. Both deserve a thank you!

Rep. Stetkis said, “I would like to eliminate the possibility of someone mistakenly breaking the law by simply setting a loaded firearm on the tailgate of their truck, leaning their shotgun against the tire of their vehicle, or setting their hunting rifle in the back seat of their car so they can tie their boots, take off a jacket, or go check their targets.”

The change allows a hunter to rest a loaded firearm or crossbow on a motor vehicle that is not an ATV or snowmobile. It also allows you to shoot from the vehicle at a fixed target (such as at a shooting range) as long as you are not within the enclosed area or passenger compartment of a motor vehicle. Some of the excerpts above came from George Smith’s blog.

Legislative Report: July 2017 Updates

SAM Bill LD 9 – to Ban State of Government Agencies from Creating Gun Owner Registry Passed by Criminal Justice Committee

SAM bill LD 9, “An Act to Prohibit the Creation of a Firearm Owner Registry”, sponsored by Rep. Patrick Corey, is still sitting on the unfinished business calendar in the House of Representatives.

This quote from the last SAM News accurately sums up this important SAM bill: “The creation of a gun owner registry is the Holy Grail for gun control advocates, because all extreme gun control measures, like semi-automatic bans, high capacity magazine bans, and other firearm confiscation schemes, require a database of firearm owners to enforce.

Without the government knowing who owns what types of guns, and where they are, there is no way to reduce the number of guns in private ownership.”

LD 9 remains tabled. In the next SAM News we will report in detail who voted for and who against this legislation.  It is always good to know who your friends are.

Below is the text of LD 9

Sec. 1. 25 MRSA §2014 is enacted to read:

§2014. Government firearm or firearm owner registry prohibited Notwithstanding and other provision of law to the contrary, a government agency of this

State or a political subdivision of this State may not keep or cause to be kept a comprehensive registry of privately owned firearms and the owners of those firearms within its jurisdiction.

SUMMARY

This amendment, which is the majority report of the committee, replaces the bill and provides that a government agency of the State or a political subdivision of the State may not keep or cause to be kept a comprehensive registry of privately owned firearms and the owners of those firearms within its jurisdiction.

SAM Bill LD 350 – “An Act to Repeal Certain Requirements Concerning the Sale and Purchase of Firearms.” (Update – Passed and now law.)

Sponsored by Rep. Harvell, LD 350 is a SAM sister bill to LD 9. Current state law (Title 15, Chapter 17, subsection 455) establishes a current “de-facto” state gun owner database by requiring Federal Firearm License (FFL) dealers in Maine to make an additional “state copy” of the Alcohol, Tobacco, Firearms, and Explosives Form 4473 that contains confidential personal information about individuals who purchase firearms.

This second “state copy” Form 4473 must be stamped “state copy” and be kept separately by FFL dealers, and produced, without restriction, to law enforcement upon request. There are no protections from potential governmental abuse, like those built into the National Instant Criminal Background Check System (NICS) system.

This “state copy” Form 4473 process violates the intent of federal laws and rules as it relates to databases and the NICS system. Gun owners readily accept FBI background checks for firearm sales because we know federal law prohibits the establishment of federal databases containing information about law-abiding gun owners; in addition, we understand documents like the Form 4473 are housed, not with the federal government, but with the licensed FFL dealers, and are only accessible by the federal government when there is an active investigation of a specific crime and firearm.

Because copies of the 4473 forms are retained by non-governmental FFL dealers, they act as a reasonable firewall between gun owners and the potential abuses of government. For this reason, we support repeal of subsection 455 of Title 15, Chapter 17.

The LD 350 language is below:

An Act To Repeal Certain Requirements Concerning the Sale and Purchase of Firearms

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

Sec. 1. 15 MRSA §455, as repealed and replaced by PL 2003, c. 452, Pt. H, §1 and affected by Pt. X, §2, is amended to read:

§ 455.Record of sales of firearms

 1.  Forms.     A dealer may not:

 A.  Sell, let or loan a firearm to a person without making a copy of the form a dealer must keep as prescribed by 18 United States Code, Section 923. The copy must be made and marked as “STATE COPY” before the firearm is delivered; or

 B.  Refuse to show or refuse to allow inspection of a copy of the form described in paragraph A to a sheriff, deputy sheriff, police officer, constable, game warden or prosecuting attorney.

A person who violates this subsection commits a civil violation for which a fine of $50 may be adjudged.

1-A.  Form. A firearms dealer may not refuse to show or refuse to allow inspection of the form a dealer must keep as prescribed by 18 United States Code, Section 923 to a law enforcement officer as defined in Title 17-A, section 2, subsection 17 upon presentation of a formal written request for inspection stating that the form relates to an active criminal investigation.

A person who violates this subsection commits a civil violation for which a fine of $50 may be adjudged.

2. False or fictitious name. A person may not give a false or fictitious name to a firearms dealer. A person who violates this subsection commits a civil violation for which a fine of $50 may be adjudged.

3. Exception. This section does not apply to a firearms wholesaler who sells only to other firearms dealers or to a firearms manufacturer who sells only at wholesale.

Effective 90 days following adjournment of the 128th Legislature, First Regular Session, unless otherwise indicated.

Two SAM Constitutional Amendments Still in Committee

Two important SAM Constitutional Amendments are still in committee. LD 31, a Resolution Proposing an Amendment to the Constitution of Maine to Require that Signatures on a Direct Initiative Come from Each Congressional District.

Update – This bill was voted Ought-to-Pass with 11 Veteran and Legal Affairs Committee members voting in support and 2 voting against. This is a strong committee vote and the bill now will go to the House for further votes. A 2/3 vote of both chambers is required, and if that occurs, it will then go out to the voters on a fall referendum for a vote by the citizens of Maine.

Update – Another SAM bill sponsored by Rep. Wood to make hunting, fishing, and trapping a right has been carried over until next session. The bill remains alive and we will push for it next year.

Moose/Youth Hunting Issue Fixed – LD 222, Combined with Rep. Hilliard’s Legislation Is Now Law

The last SAM bill to receive a hearing and action is LD 222, “An Act Regarding Maine’s Moose Lottery.” This SAM bill was designed to fix a problem created two years ago when the legal age to hunt was changed from a minimum of 10 to no age requirement at all. At the time, James Cote, lobbyist for the United States Sportsmen’s Alliance, was advocating strongly to eliminate the age altogether. SAM’s position at the time was reduce the age to 8 and allow 8-10 year-olds to shoot small game only, and smaller caliber firearms.

At the time we pointed out that children as young as 1 could apply for a moose permit, and give parents an extra chance.

Update: Rep. Hilliard, the original sponsor of this legislation, also, with SAM’s support, submitted legislation to fix the problem. The committee decided to combine the two bills. The final amendment raised the age to 10 to shoot a moose, but allowed kids to submit applications after birth and collect bonus points until they are finally drawn. The committee put an emergency preamble on the bill so it would take effect this year.

Turkey Hunting Laws Amended Slightly to Allow more Opportunity

LD 98, sponsored by SAM Board member Senator Paul Davis, was amended to give the Commissioner of Inland Fisheries and Wildlife the authority to set bag limits and seasons; in addition, to schedule special hunts in areas where turkey-related complaints are a problem. This power is new, as these management tools were always set by law.

Landowner Liability Laws and Legislation Requiring Written Permission to Forage for Wild Plants – (Update – Killed)

Two bills that would have expanded waivers of liability for landowners and their agents, when they allow recreational use of their land, (current law) to include lease holders, sub-leases and easement holders, were killed by the Judiciary Committee.

These changes would have likely meant more “Pay to Play” for sportsmen. We are very sympathetic to needs of landowners as access to land is crucial for sportsmen, but these two proposed changes would have opened up a huge can of worms and ultimately were voted down by the committee.

Very controversial legislation, LD 128, An Act to Prohibit Foraging on Private Land without Permission”, sponsored by Senator Thomas Saviello, was killed by the Agriculture, Conservation, and Forestry committee after they learned there were already laws on the books that addressed the taking of private property without permission.  

     

 

Legislative Report: March 2017 Updates

The legislature is in the process of referring bills to committee and scheduling public hearings. The next SAM news will have a more comprehensive legislative report. Below is our agenda, and a few bills we are already watching.

UPDATE: Proposed Sportsman’s Alliance of Maine Constitutional Amendments and Important Legislation to Protect Us from More Bear/Gun Referendums

SAM has introduced three Constitutional Resolutions to stop or bring fairness to future wildlife and firearm referendums.

  1. SAM Constitutional Resolution to exempt wildlife management from the referendum process. Although we could not get agreement to move this initiative forward last year, we believe it’s too important to our future and will introduce this bill again.
  2. SAM Constitutional Resolution to establish the constitutional right to hunt, fish, and trap. We believe it is time Maine joined the rest of the states around the country that make hunting, fishing and trapping a right!
  3. SAM will re-introduce the Constitutional Resolution that fell just four votes short of the 2/3 majority needed for passage, that would require qualifying signatures for ballot initiatives come equally from both Congressional Districts. This change would bring equality to all Mainers by insuring that heavily populated, politically liberal areas like Portland stop dictating to the rest of Maine what gets on the ballot.

SAM has introduced a law change that would reform the state laws that govern citizen petitions. The changes proposed include toughening penalties for violating Notary (loss of license, fines) and circulator rules — including giving the Secretary of State the authority to throw out petitions if circulators violate rules. In addition, the law would create an on-line fraud reporting hotline for individual cases of potential fraud. If this SAM law change finally passes, Maine will finally have a referendum system that is accountable to the voters!

SAM will lead an effort to rebuild the next generation of Sportsmen and women – by investing in our children!

It is no secret that fewer and fewer children are learning the skills of hunting, shooting, and responsible conservation. Two years ago, SAM invested in the future by renovating our 8,000 square-foot Augusta, Maine facility. Our members and partners contributed $150,000 to begin youth conservation programs at our facility. We did it with committed membership and sheer will. In the coming year, we plan to teach 1,000 children how to hunt fish and conserve our natural resources. 

At the same time that we transformed our building, we reached out and established formal relationships with 50 Fish and Game Clubs. This Club Network was key to winning two referendums, and now it is time to rebuild their aging infrastructure. 

Several years ago we worked with DIFW to annually secure $1 million federal dollars to invest in shooting club ranges. It is now time to expand that investment to include grants for youth conservation programs. SAM has introduced a bill to establish a new $350,000 annual state grant program for club youth programs and youth conservation schools. The new money will come from a $1 increase in the resident fishing license, and a $2 increase in the non-resident fishing license.

We have also introduced two firearm-related bills.

One is to ban the creation of a state-run gun registry. The legislation is based on a Rhode Island law already passed.

Two, we introduced a bill that fixes an oversight by the DIFW committee when they eliminated the hunting age. Parents were submitting moose hunting permit applications for infant children and acting as their sub-permittees, and also applying for permits themselves, possibly giving them two moose permits. Our bill would require them to wait until the child is 8 before applying.

We are also very concerned with LD 128, the foraging bill. We believe it is too extreme and goes too far. We are open to trying to address landowner concerns, but there are not enough prisons to house all the people affected by this potential new crime.