An Act To Allow Nonviolent Felons To Own Firearms at the Court's Discretion
Sec. 1. 15 MRSA §393, sub-§1, as amended by PL 2015, c. 470, §1, is further amended to read:
(1) A crime in this State that is punishable by imprisonment for a term of one year or more;
(2) A crime under the laws of the United States that is punishable by imprisonment for a term exceeding one year;
(3) A crime under the laws of any other state that, in accordance with the laws of that jurisdiction, is punishable by a term of imprisonment exceeding one year. This subparagraph does not include a crime under the laws of another state that is classified by the laws of that state as a misdemeanor and is punishable by a term of imprisonment of 2 years or less;
(4) A crime under the laws of any other state that, in accordance with the laws of that jurisdiction, does not come within subparagraph (3) but is elementally substantially similar to a crime in this State that is punishable by a term of imprisonment for one year or more; or
(5) A crime under the laws of the United States, this State or any other state or the Passamaquoddy Tribe or Penobscot Nation in a proceeding in which the prosecuting authority was required to plead and prove that the person committed the crime with the use of:
(a) A firearm against a person; or
(b) Any other dangerous weapon.
Violation of this paragraph is a Class C crime;
(1) Under paragraph A-1, subparagraphs (1) to (4) and bodily injury to another person was threatened or resulted; or
(3) Under paragraph A-1, subparagraph (5).
Violation of this paragraph is a Class C crime;
(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.
Violation of this paragraph is a Class D crime;
(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.
Violation of this paragraph is a Class D crime;
For the purposes of this subsection, a person is deemed to have been convicted 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 a person convicted of an offense under paragraph A-1, subparagraphs (1) to (4) in which bodily injury to another person was not threatened and did not result, the court may exempt the person from the prohibitions under this subsection if, upon sentencing or petition by the person after sentencing with notice to the prosecuting office that prosecuted the offense, the court determines that the person does not pose a threat to public safety.
In the case of a deferred disposition, a person is deemed to have been convicted when the court imposes the sentence. In the case of a deferred disposition for a person alleged to have committed one or more of the offenses listed in section 1023, subsection 4, paragraph B-1, that person may not possess a firearm during the deferred disposition period. Violation of this paragraph is a Class C crime.
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.
summary
This bill allows a court to exempt from the prohibition against owning a firearm a person convicted of a Class A, B or C crime or a similar offense if bodily injury to another person was not threatened and did not result and the court determines that the person does not pose a threat to public safety.