HP0413, LD 600, item 1, An Act To Conform Maine Law Regarding Persons Prohibited from Possessing Firearms with Federal Law

An Act To Conform Maine Law Regarding Persons Prohibited from Possessing Firearms with Federal Law

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 . ;

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

F. Is a fugitive from justice. For the purposes of this paragraph, "fugitive from justice" has the same meaning as in section 201, subsection 4;

G. Is an unlawful user of or is addicted to any controlled substance and as a result is prohibited from possession of a firearm under 18 United States Code, Section 922(g)(3);

H. Is an alien who is illegally or unlawfully in the United States or who was admitted under a nonimmigrant visa and who is prohibited from possession of a firearm under 18 United States Code, Section 922(g)(5);

I. Has been discharged from the United States Armed Forces under dishonorable conditions;

J. Has, having been a citizen of the United States, renounced that person's citizenship; or

K. Has been convicted in any court of a crime of domestic violence designated as a Class D or Class E crime or an equivalent crime of that jurisdiction.

SUMMARY

This bill amends Maine law prohibiting the possession of firearms to conform the law to federal law. This bill adds the following persons to the list of persons who may not possess firearms:

1. Fugitives from justice;

2. Persons who are unlawful users of or are addicted to any controlled substance and as a result are prohibited from possession of a firearm under 18 United States Code, Section 922(g)(3);

3. Aliens who are illegally or unlawfully in the United States or who were admitted under nonimmigrant visas and who are prohibited from possession of a firearm under 18 United States Code, Section 922(g)(5);

4. Persons who have been discharged from the United States Armed Forces under dishonorable conditions;

5. Persons who have renounced United States citizenship; and

6. Persons who have been convicted in any court of a crime of domestic violence designated as a Class D or Class E crime or an equivalent crime of that jurisdiction.

HP0413 LD 600	Session - 127th Maine Legislature		LR 994 Item 1
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