| | | A.__Other than in the context of either subsection 1, | | paragraph A, subparagraph (1) or subsection 1, paragraph B | | relative to murder or any other unlawful homicide crime in | | which the firearm used is a handgun, the other person, at | | the time of the commission of the crime, had a right to | | possess the firearm to the exclusion of the defendant; |
|
| | | B.__In the context of subsection 1, paragraph A, | | subparagraph (1), the other person, at the time of the | | commission of the crime, had a right to possess the firearm | | to the exclusion of the defendant; or |
|
| | | C.__In the context of subsection 1, paragraph B relating to | | murder or any other unlawful homicide crime in which the | | firearm used is a handgun, the other person, at the time of | | the commission of the crime, was the rightful owner from | | whom the handgun had been stolen and the other person was | | not a principal or accomplice in the commission of the | | crime. |
|
| | | 3.__If another person satisfies subsection 2, paragraph B, a | | court shall nonetheless order the forfeiture of a firearm | | otherwise qualifying for forfeiture under subsection 1, paragraph | | A, subparagraph (1) if the State can satisfy the court by a | | preponderance of the evidence both that the other person knew or | | should have known that the defendant was a prohibited person | | under Title 15, section 393 and that the other person | | intentionally, knowingly or recklessly allowed the defendant to | | possess or have under the defendant's control the firearm. |
|
| | | 4.__The Attorney General shall adopt rules governing the | | disposition to state, county and municipal agencies of firearms | | forfeited under this section.__A handgun not excepted under | | subsection 2, paragraph C must be destroyed by the State. |
|
| | | 5.__As used in this section, "handgun" means a firearm, | | including a pistol or revolver, that has a short stock and is | | designed to be held and fired by the use of a single hand. |
|
| | | Sec. 8. 17-A MRSA §1202, sub-§1-B, as amended by PL 2003, c. 154, §1, | | is repealed and the following enacted in its place: |
|
| | | 1-B.__Notwithstanding subsection 1, if the State pleads and | | proves that the enumerated Class D or Class E crime was committed | | by the person against a family or household member, and if the | | court orders the person to complete a certified batterers' | | intervention program as defined in Title 19-A, section 4014, the | | person may be placed on probation for a period not to exceed 2 | | years, except that the term of probation must be terminated by | | the court when the probationer has served at least one year of |
|
|
