HP0672, LD 958, item 1, An Act To Establish a Database To Prevent Individuals Involuntarily Admitted or Committed to a Mental Health Institution from Being Issued Concealed Handgun Permits

An Act To Establish a Database To Prevent Individuals Involuntarily Admitted or Committed to a Mental Health Institution from Being Issued Concealed Handgun Permits

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

Sec. 1. 25 MRSA §1541, sub-§3-A is enacted to read:

3-A. Database of involuntary admittance or commitment. The commanding officer shall establish and maintain a database within the State Bureau of Identification of individuals who have been involuntarily admitted or committed to a psychiatric hospital as defined in Title 34-B, section 3801, subsection 7-B:

A. Pursuant to an order of the District Court under Title 34-B, section 3864 because the individual was found to present a likelihood of serious harm, as defined under Title 34-B, section 3801, subsection 4-A; or

B. On an emergency basis pursuant to Title 34-B, section 3863.

The database must be used for the sole purpose of issuing permits to carry concealed handguns pursuant to section 2003.

Sec. 2. 25 MRSA §2003, sub-§5, as amended by PL 1995, c. 694, Pt. D, §52 and affected by Pt. E, §2 and amended by PL 2005, c. 236, §§3 and 4, is further amended to read:

5. Access to confidential records. Notwithstanding that certain records retained by governmental entities are by law made confidential, the records pertaining to patient committals to Riverview Psychiatric Center and Dorothea Dix Psychiatric Center, and records compiled pursuant to Title 19-A, section 4012, subsection 1 and section 1541, subsection 3-A, that are necessary to the issuing authority's determination of the applicant's good moral character and compliance with the additional requirements of this section and of section 2005 must, at the request of the issuing authority, be made available for inspection by and dissemination to the issuing authority and, in the case of records compiled pursuant to section 1541, subsection 3-A, to the commanding officer.

summary

This bill directs the Department of Public Safety, State Bureau of Identification to establish and maintain a database of individuals admitted or committed involuntarily to a mental health institution who present a substantial threat of physical harm to themselves or to others. The database may only be used for the purpose of issuing permits to carry concealed handguns.

HP0672 LD 958	Session - 126th Maine Legislature		LR 1016 Item 1
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