HP0413, LD 594, item 1, An Act To Prohibit Possession of a Firearm by a Person Who Has Created a Police Standoff

An Act To Prohibit Possession of a Firearm by a Person Who Has Created a Police Standoff

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 15 MRSA §393, sub-§1, ¶D, as amended by PL 2007, c. 670, §5, is further amended to read:

D. Is subject to an order of a court of the United States or a state, territory, commonwealth or tribe that restrains that person from harassing, stalking or threatening an intimate partner, as defined in 18 United States Code, Section 921(a), of that person or a child of the intimate partner of that person, or from engaging in other conduct that would place the intimate partner in reasonable fear of bodily injury to the intimate partner or the child, except that this paragraph applies only to a court order that was issued after a hearing for which that person received actual notice and at which that person had the opportunity to participate and that:

(1) Includes a finding that the person represents a credible threat to the physical safety of an intimate partner or a child; or

(2) By its terms, explicitly prohibits the use, attempted use or threatened use of physical force against an intimate partner or a child that would reasonably be expected to cause bodily injury; or

Sec. 2. 15 MRSA §393, sub-§1, ¶E, as amended by PL 2009, c. 651, §1, is further amended to read:

E. Has been:

(1) Committed involuntarily to a hospital pursuant to an order of the District Court under Title 34-B, section 3864 because the person was found to present a likelihood of serious harm, as defined under Title 34-B, section 3801, subsection 4-A, paragraphs A to C;

(2) Found not criminally responsible by reason of insanity with respect to a criminal charge; or

(3) Found not competent to stand trial with respect to a criminal charge . ; or

Sec. 3. 15 MRSA §393, sub-§1, ¶F is enacted to read:

F. Has been adjudicated to have created a police standoff in violation of Title 25, section 3801 or under the laws of the United States or any other state.

summary

This bill adds to the list of persons prohibited from possessing a firearm a person who has been adjudicated as creating a police standoff.

HP0413 LD 594	Session - 126th Maine Legislature		LR 1682 Item 1
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