An Act To Provide Protection for Victims of Domestic Violence (AFfER DEADLINE)
Maine Legislature, Session 122, LD 2116
Committee: Criminal Justice and Public Safety
Sponsors: STRIMLING, SIMPSON
Amends: 19-A MRSA §4012

Legislative Document 
No. 2116 
S.P.860 
In Senate, May 22, 2006 
An Act To Provide Protection for Victims of Domestic Violence 
(AFfER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Senator STRIMLING of Cumberland. 
Cosponsored by Representative SIMPSON of Auburn. 
Printed lin n:cyded paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 19-A MRSA §4012, sub-§9 is enacted to read: 
9. Notification of attempted purchase of firearm. When the Department of Public 
Safety receives notification from a federal agency that a background criminal records 
check conducted under the system established pursuant to 18 United States Code, Section 
922ft) indicates that a potential buyer or transferee is prohibited from receipt or 
possession of a firearm pursuant to a temporary or final protection from abuse order, the 
department shall make every reasonable effort to notify as quickly as practicable both the 
individual intended to be protected by the protection from abuse order and another law 
enforcement agency with jurisdiction in the municipality in which that individual resides 
ofthe information received from the federal agency. 
For the purposes of this subsection, notification may be made by the Department of 
Public Safety to the individual intended to be protected by the protection from abuse 
order through a law enforcement agency within the county in which the individual 
resides. 
When the department makes notification through such a law enforcement 
agency, that agency then must make reasonable effort to notify as quickly as practicable 
the individual intended to be protected by the protection from abuse order. If, when 
notifying a law enforcement agency, the department is informed by that agency that it 
cannot notify the individual intended to be protected by the protection from abuse order, 
the department must continue to make a reasonable effort to notify that individual as 
quickly as practicable, including through a different law enforcement agency within the 
county in which the individual resides. 
Sec. 2. 19-A MRSA §4012, sub-§10 is enacted to read: 
10. Liability for damages. The State. a political subdivision of the State or a law 
enforcement officer is not liable for damage that may be caused by the failure or inability 
to inform an individual who is the subject of a protection from abuse order in accordance 
with subsection 9. This subsection does not prohibit the State or a political subdivision of 
the State from pursuing legally authorized disciplinary action. 
S~y 
This bill specifies that, upon receiving information from a federal agency that through 
a criminal background check an individual subject to a protection from abuse order has 
illegally attempted to purchase a firearm, the Department of Public Safety shall share that 
information with the individual who is intended to be protected by the order and with 
another law enforcement agency with jurisdiction in the municipality in which that 
individual resides as quickly as practicable. 
The bill also specifies that the Department of Public Safety may accomplish the 
notification process by notifying another law enforcement agency within the county in 
which the individual intended to be protected by the protection from abuse order resides. 
When the department makes notification through such a law enforcement agency, that 
agency then must make reasonable effort to notify as quickly as practicable the individual 
intended to be protected by the protection from abuse order. If, when notifying another 
law enforcement agency, the department is informed by that agency that it cannot notify 
Page I - 122LR3296(1)-l 
the individual intended to be protected by the protection from abuse order, the department 
must continue to make its own reasonable effort to notify that individual as quickly as 
practicable, and this may be accomplished through a different law enforcement agency 
within the county in which the individual resides. 
The bill also clarifies that the immunity provision does not prohibit the State or a 
political subdivision of the State from pursuing legally authorized disciplinary action. 
FISCAL ~OTL IU.<..!L liU.U 
~Se~ ~ttached) 
• 
Approved: 05118/06 ~ae 
LD 
LR 3296(01) 
An Act To Provide Protection for Victims of Domestic Violence 
Fiscal Note for Original Bill 
Sponsor: Sen. Strimling 
Committee: Not referred 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Highway Fund 
LR3296(1) - Fiscal Note - Page 1 of 1