‘An Act To Prohibit a Person Convicted of a Crime of Domestic Violence from Possessing a Firearm for a Period of 5 Years and To Better Align Maine Law with Federal Law Regarding Persons Prohibited from Possessing Firearms’
| HP0413 LD 600 |
Session - 127th Maine Legislature C "A", Filing Number H-389, Sponsored by
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LR 994 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act To Prohibit a Person Convicted of a Crime of Domestic Violence from Possessing a Firearm for a Period of 5 Years and To Better Align Maine Law with Federal Law Regarding Persons Prohibited from Possessing Firearms’
Amend the bill in section 3 in the first line by striking out the following: "to K" and inserting the following: 'to J'
Amend the bill in section 3 in paragraph I in the last line (page 1, line 37 in L.D.) by inserting after the following: " conditions;" the following: ' or'
Amend the bill in section 3 in paragraph J in the last line (page 1, line 39 in L.D.) by striking out the following: " ; or" and inserting the following: ' .'
Amend the bill in section 3 by striking out all of paragraph K (page 2, lines 1 and 2 in L.D.)
Amend the bill by inserting after section 3 the following:
‘Sec. 4. 15 MRSA §393, sub-§1-A, as amended by PL 2007, c. 194, §2, is further amended to read:
Sec. 5. 15 MRSA §393, sub-§1-B is enacted to read:
(1) A Class D crime in this State in violation of Title 17-A, section 207-A, 209-A, 210-B, 210-C or 211-A; or
(2) A crime under the laws of the United States or any other state that in accordance with the laws of that jurisdiction is elementally substantially similar to a crime in subparagraph (1); or
Except as provided in subsection 1-A, the prohibition created by this subsection for a conviction or adjudication of an offense listed in paragraph A or B expires 5 years from the date the person is finally discharged from the sentence imposed as a result of the conviction or adjudication if that person has no subsequent criminal convictions during that 5-year period. If a person is convicted of a subsequent crime within the 5-year period, the 5-year period starts anew from the date of the subsequent conviction. In the case of a deferred disposition, the 5-year period begins at the start of the deferred disposition period.
For the purposes of this subsection, a person is deemed to have been convicted or adjudicated upon the acceptance of a plea of guilty or nolo contendere or a verdict or finding of guilty, or of the equivalent in a juvenile case, by a court of competent jurisdiction.
For the purposes of this subsection, a person is deemed to have been found not criminally responsible by reason of insanity upon the acceptance of a plea of not criminally responsible by reason of insanity or a verdict or finding of not criminally responsible by reason of insanity, or of the equivalent in a juvenile case, by a court of competent jurisdiction.
The provisions of this subsection apply only to a person convicted, adjudicated or placed on deferred disposition on or after the effective date of this subsection.’
SUMMARY
This amendment modifies the provision in the bill regarding a prohibition on the possession of a firearm by a person convicted of a crime of domestic violence. This amendment provides that a person convicted or adjudicated of a Class D crime of domestic violence is prohibited from possessing a firearm for 5 years from the date of the conviction or adjudication. The prohibition expires at the end of the 5-year period unless the person is convicted of any subsequent crime during the 5-year period.