Sec. 1. 15 MRSA §394 is enacted to read:

§394.__Restoration of right to possess firearm

1.__Possession prohibited.__A person may not own, possess or have under that person's control a firearm if that person is convicted of a Class D or Class E crime of domestic violence.

2.__Domestic violence.__For purposes of this section, a person is convicted of a crime of domestic violence if that person is convicted of a crime in which:

A.__The person used or attempted to use physical force, or threatened to use a deadly weapon; and

B.__The person:

(1)__Is a current or former spouse, parent or guardian of the victim;

(2)__Has a child in common with the victim;

(3)__Is cohabiting with or has cohabited with the victim as a spouse, parent or guardian; or

(4)__Has a relationship to the victim similar to that of a spouse, parent or guardian of the victim.

3.__Applicable convictions.__A person may not be considered to have been convicted of a Class D or Class E crime of domestic violence for purposes of this section, unless:

A.__The person was represented by counsel in the case or knowingly and intelligently waived the right to counsel in the case; and

B.__In the case of a prosecution for an offense described in this section for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either:

(1)__The case was tried by a jury; or

(2)__The person knowingly and intelligently waived the right to have the proceeding tried by a jury by entering a guilty plea or otherwise.

4.__Rights restored.__The prohibition mandated under subsection 1 terminates, and the person's rights to own, possess