Sec. 5. 25 MRSA §2003, sub-§1, ¶D, as amended by PL 1993, c. 524, §§6 and 7, is further amended by enacting subparagraph (5), division (j-1) to read:

(j-1)__Within the past 2 years have you been the subject of a protective order under Title 19-A, section 4007 or of any similar order issued by any court of the United States or of any other state, territory, commonwealth or tribe that restrains you from harassing, stalking or threatening an intimate partner or a child of an intimate partner or from engaging in other conduct that would place the intimate partner or the intimate partner's child in reasonable fear of bodily injury, except that this division applies only when the court order was issued after a hearing for which you received actual notice and at which you had the opportunity to participate?__For purposes of this division, "intimate partner" has the same meaning as defined in 18 United States Code, Section 921(a)(32).

Sec. 6. 25 MRSA §2005, sub-§1, ¶¶D and E, as enacted by PL 1989, c. 917, §13, are amended to read:

D. For conduct that occurred after a permit was issued, that the permit holder was convicted of operating a motor vehicle, snowmobile, ATV or watercraft while under the influence of intoxicating liquor or drugs or with an excessive blood-alcohol level and, by a preponderance of the evidence, that at the time of the offense the permit holder was in possession of a loaded firearm; or

E. For conduct that occurred after a permit was issued, that the permit holder was convicted of any violation of Title 17-A, chapter 45.; or

Sec. 7. 25 MRSA §2005, sub-§1, ¶F is enacted to read:

F.__For conduct that occurred after a permit was issued, that the permit holder became the subject of a protective order under Title 19-A, section 4007 or of any similar order issued by any court of the United States or of any other state, territory, commonwealth or tribe that restrains the permit holder from harassing, stalking or threatening an intimate partner or a child of an intimate partner or from engaging in other conduct that would place the intimate partner or the intimate partner's child in reasonable fear of bodily injury, except that this paragraph applies only when the court order was issued after a hearing for which that permit holder received actual notice and at which that permit holder had the opportunity to participate.__For purposes of this paragraph, "intimate partner" has the same meaning as defined in 18 United States Code, Section 921(a)(32).

Sec. 8. 25 MRSA §2005, sub-§3, as amended by PL 1989, c. 917, §15, is further amended to read:

3. Reapplication. If a permit has been revoked solely under subsection 1, paragraph D, the former permit holder may reapply upon successful completion of a substance abuse treatment program approved by the Department of Human Services as appropriate for the permit holder's problem or condition. If a permit has been revoked solely under subsection 1, paragraph F, the former permit holder may reapply 2 years after the former permit holder is no longer the subject of a protective order. Except as specified in this subsection, no person, otherwise eligible, who has had a permit revoked, is eligible for reapplication until the expiration of 5 years from the date of revocation.

SUMMARY

This bill gives judges discretion to remove firearms from a defendant's possession when issuing an interim protection from abuse order. The bill also prohibits the issuance of a concealed firearms permit to a person who is the subject of a protective order and specifies that the person can not apply to receive a concealed firearms permit until at least 2 years after the person is no longer the subject of the protective order. If a concealed firearms permit holder becomes the subject of a protective order, that person's permit must be revoked. That person may not reapply for a permit for at least 2 years after the person is no longer the subject of the protective order.