LD 1119
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Page 1 of 2 An Act to Limit Access to Firearms by Those Subject to Protection from Abuse Or... LD 1119 Title Page
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LR 1546
Item 1

 
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 person
received actual notice and at which that person 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. 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.


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