| | | Emergency preamble. Whereas, Acts of the Legislature do not become | | effective until 90 days after adjournment unless enacted as | | emergencies; and |
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| | | Whereas, violence and drugs take a toll on the citizens of the | | State, particularly women and children; and |
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| | | Whereas, the use and possession of firearms greatly aggravate | | violent and drug-related criminal activity; and |
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| | | Whereas, the Federal Government is offering states grants to | | combat the use of firearms in violent and drug-related criminal | | activity; and |
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| | | Whereas, these grants can not be received to help protect the | | citizens of the State from criminal activity involving firearms | | until the provisions of this legislation are implemented; and |
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| | | Whereas, in the judgment of the Legislature, these facts create | | an emergency within the meaning of the Constitution of Maine and | | require the following legislation as immediately necessary for | | the preservation of the public peace, health and safety; now, | | therefore, |
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| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 17-A MRSA §2, sub-5-C is enacted to read: |
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| | | 5-C.__Crime of violence.__"Crime of violence" means a crime | | that involves damage or destruction of property, offensive | | physical contact or bodily injury or the threat of damage or | | destruction of property, offensive physical contact or bodily | | injury. |
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| | | Sec. 2. 17-A MRSA §§1058 and 1059 are enacted to read: |
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| | | §1058.__Criminal possession of firearm |
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| | | 1.__A person is guilty of criminal possession of a firearm if: |
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| | | A.__The person has been convicted of a crime of violence; | | and |
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| | | B.__Is in possession of a firearm. |
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| | | 2.__Notwithstanding any other provision of this Title, a | | person convicted under this section must be sentenced to a term | | of imprisonment of 5 years and may not be placed on probation. |
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