An Act To Bring Maine into Compliance with Federal Law Regarding Purchases of Firearms by Persons Found To Be a Danger to Themselves or Others
Maine Legislature, Session 123, LD 1902
Committee Amendment CA_B_H941 (House)
Amends: 4 MRSA §152, 15 MRSA §393, 34-B MRSA §3864

COMMITTEE AMENDMENT ,~" to H.P. 1336, L.D. 1902, Bill, "An Act To 
Bring Maine into Compliance with Federal Law Regarding Purchases of Firearms by 
Persons Found To Be a Danger to Themselves or Others" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 4 MRS A §152, sub-§13, as enacted by PL 1999, c. 731, Pt. ZZZ, §4 and 
affected by §42, is amended to read: 
13. Desertion and nonsupport. Jurisdiction over complaints for desertion and 
nonsupport or nonsupport of dependents in the district where either the spouse, the 
dependent or the respondent resides; aRd 
Sec. 2. 4 MRSA §152, sub-§14, as enacted by PL 1999, c. 731, Pt. ZZZ, §4 and 
affected by §42, is amended to read: 
14. Civil violations. Jurisdiction over all civil violations, as provided in Title l7-A, 
section 9, and traffic infractions~; and 
Sec.3. 4 MRS A §152, sub-§15 is enacted to read: 
15. Restoration of right to possess firearms. Exclusive jurisdiction to conduct de 
novo review of a determination by the Commissioner of Public Safety pursuant to Title 
15, section 393, subsection 4-A. 
Sec. 4. 
MRSA §393, sub-§l, ~C, as amended by PL 2001, c. 549, §2, is 
further amended to read: 
C. Has been adjudicated in this State or under the laws of the United States or any 
other state to have engaged in conduct as a juvenile that, if committed by an adult, 
would have been a disqualifying conviction: 
(1) Under paragraph A-I, subparagraphs (1) to (4) and bodily injury to another 
person was threatened or resulted; or 
COMMITTEE AMENDMENT 
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.,. 
COMMITTEE AMENDMENT -:b, to H.P. 1336, L.D. 1902 
(3) Under paragraph A-I, subparagraph (5); Sf 
Sec. 5. 15 MRS A §393, sub-§I, ~, as enacted by PL 1997, c. 334, §2, is 
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~;.Q[ 
Sec. 6. 15 MRSA §393, sub-§I, ~ 
is enacted 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, 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. 7. 15 MRSA §393, sub-§2, as amended by PL 2007, c. 194, §3, is further 
amended to read: 
2. Application after 5 years. A person subject to the provisions of subsection t 
paragraph A-lor C as a result of a conviction or adjudication may, after the expiration of 
years from the date that the person is finally discharged from the sentences imposed as 
a result of the conviction or adjudication, apply to the Commissioner of Public Safety 
commissioner for a permit to carry a firearm. That person may not be issued a permit to 
carry a concealed firearm pursuant to Title 25, chapter 252. A permit issued pursuant to 
this subsection is valid for 4 years from the date of issue unless sooner revoked for cause 
by the CommissiOl'ler of Public Safety commissioner. For purposes of this subsection, 
"firearm" does not include a firearm defined under 18 United States Code, Section 
921(3). 
Sec.8. 15 MRSA §393, sub-§4, as enacted by PL 1977, c. 225, §2, is amended to 
read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT • .J!!y, to H.P. 1336, L.D. 1902 
4. 
Notification, objection and decision. Upon receipt of an application, the 
Commissioner of P\:Iblie Safety commissioner shall determine if it is in proper form. If 
the application is proper, fie the commissioner shall within 30 days notify in writing the 
sentencing or presiding judge, the Attorney General, the district attorney for the county 
where the applicant resides, the district attorney for the county where the conviction 
occurred, the law enforcement agency whleJ:t that investigated the crime, the chief of 
police and sheriff in the municipality and county where the crime occurred and the chief 
of police and sheriff in the municipality where the applicant resides as of the filing of the 
application. The commissioner may direct any appropriate investigation to be carried out. 
If, within 30 days of the sending of notice, any person so notified objects in writing to the 
issuance of a permit, nORe shall a permit may not be issued. The commissioner may deny 
an application even if no objection is filed. 
Sec. 9. 15 MRSA §393, sub-§4-A is enacted to read: 
4-A. Application for relief. Except as otherwise provided, a person subject to the 
federal prohibition against possession of firearms pursuant to 18 United States Code, 
Section 922(g)(4) as a result of being adjudicated a mental defective or committed to any 
psychiatric hospital pursuant to Title 34-B, section 3863 and who has not been committed 
to a psychiatric hospital pursuant to an order of the District Court pursuant to Title 34-B, 
section 3864 may, after the expiration of 5 years from the date of final discharge from 
commitment, apply to the commissioner for relieffrom the disability. 
Relief is not available under this subsection for a person found not criminally responsible 
by reason of insanity or incompetent to stand trial in a criminal case or a person adjudged 
by a Probate Court to lack the capacity to contract or manage the person's own affairs. 
A. 
An application under this subsection must be on a form developed by the 
commissioner. The application must include the applicant's full name; all aliases; 
date and place of birth; place of legal residence; occupation; make and model of the 
firearm sought to be possessed; reason for the request; date, place and docket number 
of commitment; name of institution to which applicant was committed; names of 
providers that provided mental health treatment for the applicant; date of discharge 
from commitment; release for all mental health records; and any other information 
determined by the commissioner to be of assistance. 
The application must be 
accompanied by certified or attested copies of the commitment from which the 
applicant seeks relief and the report of an independent psychologist or psychiatrist 
licensed to practice in this State specifically addressing the factors set forth in 
paragraph E. 
The commissioner may establish a roster of psychologists and 
psychiatrists qualified and interested in doing these evaluations. The psychologist or 
psychiatrist must be available for cross-examination. The psychologist or psychiatrist 
listed on the roster is an employee for the purposes of the Maine Tort Claims Act for 
evaluations under this paragraph. 
B. The commissioner has the independent authority to establish the following, to be 
paid by the applicant: 
(1) Application fee; and 
(2) Fees for evaluations required by paragraph A. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT::£3 .. to H.P. 1336, L.D. 1902 
C. Upon receipt of a completed application, the commissioner shall notifY persons 
who received notice of the commitment pursuant to Title 34-B, section 3864, 
subsection 3, paragraph A, subparagraph (2) and the district attorney, chief of police 
and sheriff in the municipality and county where the applicant resides of the filing of 
the application, with a request to provide to the commissioner any information 
relevant to the factors in paragraph E. 
D. 
Upon receipt of a completed application, the commissioner shall review the 
application and determine whether the person has made a prima facie showing of the 
elements of paragraph E. If the commissioner determines that the person has made a 
prima facie showing, the commissioner shall schedule a hearing. 
E. 
The burden of proof is on the applicant to prove, by clear and convincing 
evidence, that the circumstances that led to the involuntary commitment to a hospital 
have changed, that the applicant is not likely to act in a manner dangerous to public 
safety and that granting the application for relief will not be contrary to the public 
interest. 
F. If the commissioner finds by clear and convincing evidence that the circumstances 
that led to the involuntary commitment have changed, that the applicant is not likely 
to act in a manner dangerous to public safety and that granting the application for 
relief will not be contrary to the public interest, the commissioner may grant relief. 
G. 
Notwithstanding any other provision of law, and except as indicated in this 
paragraph, all applications for relief pursuant to this subsection and documents made 
a part of the application, refusals and any information of record collected by the 
commissioner during the process of determining whether an applicant qualifies for 
relief are confidential and may not be made available for public inspection or copying 
unless: 
(1) The applicant waives this confidentiality in writing or on the record of any 
hearing; or 
(2) A court of record so orders. Proceedings relating to the grant or denial of 
relief are not public proceedings under Title 1, chapter 13. 
The commissioner shall make a permanent record, in the form of a summary, of the 
final decision regarding each application. The summary must include the name of the 
applicant and indicate whether the application for relief was granted or denied. The 
information contained in this summary is available for public inspection. 
H. 
An applicant may appeal the denial of an application for relief under this 
subsection within 30 days of receipt of the written notice of decision by filing a 
complaint in the District Court for de novo review in the district where the 
Department of Public Safety has its principal office. Hearings are closed unless 
otherwise agreed to by the applicant. A party aggrieved by a decision of the District 
Court may not appeal as of right. The time for taking the appeal and the manner and 
any conditions for the taking of the appeal are as the Supreme Judicial Court provides 
by rule. 
Sec. 10. 15 MRS A §393, suh-§5, as enacted by PL 1977, c. 225, §2, is amended 
to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,8 to H.P. 1336, L.D. 1902 
5. Appeal. Any person to whom a permit under subsection 2 has been denied may 
appeal to the Superior Court of KeRRebec COURt)'. The decisiOR of the commissioRer may 
not be overturned unless the court shall find that the applicant's request is reasonable and 
tHat tHe denial of the commissioner was arbitrary, capricious or discriminatory file a 
petition for review pursuant to Title 5, chapter 375, subchapter 7. 
Sec.11. 15 MRS A §393, sub-§7, ~ 
is enacted to read: 
E. "Commissioner" means the Commissioner of Public Safety or the commissioner's 
designee. 
Sec. 12. 15 MRSA §393, sub-§8, as amended by PL 2005, c. 527, §5, is further 
amended to read: 
II 
8. Penalty. A violation of subsection 1, paragraph A-lor C is a Class C crime. A 
violation of subsection 1, paragraph D or E is a Class D crime. A violation of subsection 
I-A by a person at least 18 years of age is a Class C crime. 
Sec. 13. 15 MRSA §393, sub-§9 is enacted to read: 
9. Prima facie evidence. Notwithstanding any other law or rule of evidence, a copy 
of a court abstract provided by a court to the Department of Public Safety, State Bureau 
of Identification pursuant to Title 34-B, section 3864, subsection 12, if certified by the 
custodian of the records of that bureau, or the custodian's designee, is admissible in a 
criminal prosecution brought pursuant to this section as prima facie evidence that the 
person identified in the abstract has been involuntarily committed by the court issuing the 
abstract and has been provided the notice required in Title 34-B, section 3864, subsection 
5, paragraph A-I and Title 34-B, section 3864, subsection 13. 
Sec. 14. 15 MRSA §393, sub-§10 is enacted to read: 
10. Subpoena power. The commissioner is authorized to issue a subpoena in the 
name of the commissioner in accordance with Title 5, section 9060, except that this 
authority applies to any stage of an investigation under this section and is not limited to 
an adjudicatory hearing. If a witness refuses to obey a subpoena or to give any evidence 
relevant to proper inquiry by the commissioner, the Attorney General may petition the 
Superior Court in the county where the refusal occurred to find the witness in contempt. 
The Attorney General shall cause to be served on that witness an order requiring the 
witness to appear before the Superior Court to show cause why the witness should not be 
adjudged in contempt. The court shall, in a summary manner, hear the evidence and, if it 
is such as to warrant the court in doing so, punish that witness in the same manner and to 
the same extent as for contempt committed before the Superior Court or with reference to 
the process of the Superior Court. 
Sec. 15. 15 MRS A §393, sub-§l1 is enacted to read: 
11. 
Rules. The commissioner may adopt rules to implement the provisions of 
subsections 2 to 4-A. Rules adopted pursuant to this subsection are routine technical 
rules as defined by Title 5, chapter 375, subchapter 2-A. 
Sec. 16. 25 MRS A §1541, sub-§3, ~C is enacted to read: 
COMMITTEE AMENDMENT 
lO 
COMMITTEE AMENDMENT ./3 .. to H.P. 1336, L.D. 1902 
C. 
The commanding officer shall report to the Federal Bureau of Investigation, 
National Instant Criminal Background Check System a court's finding, upon the 
commanding officer's receipt of an abstract from a court that a person 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, paragraphs A to D; 
(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. 
The commanding officer may adopt rules to implement the requirements of this 
paragraph. Rules adopted pursuant to this paragraph are routine technical rules, as 
defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 17. 34-B MRS A §1207, sub-§l,~, as amended by PL 2007, c. 286, §2, is 
further amended to read: 
B. Information may be disclosed if necessary to carry out the statutory functions of 
the department,~ the hospitalization provisions of chapter 3, subchapter 4,~ the 
purposes of sections 3607-A and 3608,~ the purposes of Title 5, section 19506 6f~ the 
purposes of United States Public Law 99-319, dealing with the investigatory function 
of the independent agency designated with advocacy and investigatory functions 
under United States Public Law 88-164, Title I, Part C or United States Public Law 
99-319; or the investigation and hearing pursuant to Title 15, section 393, subsection 
4-A; 
Sec. 18. 34-B MRSA §3864, sub-§5, ~A-1 is enacted to read: 
A-I. Prior to the commencement of the hearing, the court shall inform the person 
that if an order of involuntary commitment is entered, that person is a prohibited 
person and may not own, possess or have under that person's control a firearm 
pursuant to Title 15, section 393, subsection 1. 
Sec. 19. 34-B MRSA §3864, sub-§12 is enacted to read: 
12. 
Transmission of abstract of court ruling to the State Bureau of 
Identification. Notwithstanding any other provision of this section or section 1207, a 
court shall transmit to the Department of Public Safety, State Bureau of Identification an 
abstract of any order for involuntary commitment issued by the court pursuant to this 
section. The abstract must include: 
A. The name, date of birth and gender of the person who is the subject of the order 
for involuntary commitment; 
B. The court's ruling that the person has been involuntarily committed; and 
C. A notation that the person has been notified by the court in accordance with 
subsection 5, paragraph A-I and subsection 13. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·8 .. to H.P. 1336, L.D. 1902 
The abstract required in this subsection is confidential and is not a "public record" as 
defined in Title 1, chapter 13; however, a copy of the abstract may be provided by the 
State Bureau of Identification to a criminal justice agency for legitimate law enforcement 
purposes, to the Federal Bureau of Investigation, National Instant Criminal Background 
Check System or to an issuing authority for the purpose of processing concealed firearm 
permit applications. 
For the purposes of this subsection, "criminal justice agency" means a federal, state, 
tribal, district, county or local government agency or any subunit thereof that performs 
the administration of criminal justice under a statute or executive order and that allocates 
a substantial part of its annual budget to the administration of criminal justice. Courts 
and the Department of the Attorney General are considered criminal justice agencies. 
"Criminal justice agency" also includes any equivalent agency at any level of Canadian 
government. 
Sec. 20. 34-B MRSA §3864, sub-§13 is enacted to read: 
13. Firearms possession prohibition notification. A court that orders a person to 
be committed involuntarily pursuant to this section shall inform the person that 
possession, ownership or control of a firearm by that person is prohibited pursuant to 
Title 15, section 393, subsection 1. As used in this subsection, "firearm" has the same 
meaning as in Title 17-A, section 2, subsection 12-A. 
Sec. 21. Report. The Commissioner of Public Safety shall report to the joint 
standing committee of the Legislature having jurisdiction over criminal justice and public 
safety matters by January 15, 2010 regarding the administration of the relief from 
disabilities provision allowing certain persons to regain the ability to possess a firearm. 
The report must include a summary of the number of applications for relief, the hearing 
and appeals process, the amount of resources necessary to administer the law and the fee 
structure. Upon receiving the report, the joint standing committee of the Legislature 
having jurisdiction over criminal justice and public safety matters may report out 
legislation to the Second Regular Session of the 124th Legislature if necessary. 
Sec. 22. Appropriations and allocations. The following appropriations and 
allocations are made. 
JUDICIAL DEPARTMENT 
Courts - Supreme, Superior, District and Administrative 0063 
Initiative: 
Appropriates funds 
for one-time contractual services for computer 
programming and other required expenses to deal with the increased workload resulting 
from the filing of complaints. 
GENERAL FUND 
2007-08 
2008-09 
Personal Services 
$0 
$15,900 
All Other 
$0 
$169,310 
GENERAL FUND TOTAL 
$0 
$185,210 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT'£" to H.P. 1336, L.D. 1902 
JUDICIAL DEPARTMENT 
DEPARTMENT TOTALS 
2007-08 
2008-09 
GENERAL FUND 
$0 
$185,210 
DEPARTMENT TOTAL-ALL FUNDS 
$0 
$185,210 
PUBLIC SAFETY, DEPARTMENT OF 
Sta te Police 0291 
Initiative: Provides funding for one Office Associate II position, computer development 
and maintenance and associated administrative costs to process registrations and appeals. 
Of this funding, $48,000 is for a one-time expense to develop a new computer system to 
transmit information to the Federal Government. 
GENERAL FUND 
2007-08 
2008-09 
POSITIONS - LEGISLATIVE COUNT 
0.000 
1.000 
Personal Services 
$0 
$21,755 
All Other 
$0 
$18,370 
GENERAL FUND TOTAL 
$0 
$40,125 
HIGHWAY FUND 
2007-08 
2008-09 
Personal Services 
$0 
$32,633 
All Other 
$0 
$35,554 
HIGHWAY FUND TOTAL 
$0 
$68,187 
PUBLIC SAFETY, DEPARTMENT OF 
DEPARTMENT TOTALS 
2007-08 
2008-09 
GENERAL FUND 
$0 
$40,125 
HIGHWAY FUND 
$0 
$68,187 
DEPARTMENT TOTAL-ALL FUNDS 
$0 
$108,312 
SECTION TOTALS 
2007-08 
2008-09 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·8 .. to H.P. 1336, L.D. 1902 
GENERAL FUND 
HIGHWAY FUND 
SECTION TOTAL - ALL FUNDS 
SUMMARY 
$0 
$0 
$0 
$225,335 
$68,187 
$293,522 
This amendment replaces the bill. Legislative Document 1902 was carried over from 
the First Regular Session of the 123rd Legislature because the Joint Standing Committee 
lOon Criminal Justice and Public Safety learned that the Federal Government was 
considering legislation that would require states to amend their reporting requirements for 
persons prohibited from possessing firearms. 
Pursuant to Executive Order Number 02 FY 08/09, the Governor created a task force 
to review and enhance the State's reporting of information to the Federal Bureau of 
Investigation, National Instant Criminal Background Check System. This amendment 
includes recommendations of that task force and the committee. Subsequent to the task 
force report, the federal bill was enacted. Specifically this amendment: 
1. Authorizes the development and implementation of a data system to transmit 
records of involuntary commitment rulings, after a judicial hearing, at which the patient 
has been represented by counsel; 
2. Directs the court both prior to the commencement of a hearing and after a hearing 
in which a person is committed involuntarily to inform the person that when an order of 
involuntary commitment is entered, that person is a prohibited person and may not own, 
possess or have under that person's control a firearm pursuant to the Maine Revised 
Statutes, Title 15, section 393, subsection 1; 
3. Creates a relief from disability procedure that allows persons subject to the federal 
prohibition against possession of firearms pursuant to 18 United States Code, Section 
922(g)(4) as a result of being adjudicated a mental defective or committed to any 
psychiatric hospital pursuant to Title 34-B, section 3863 and who has not been committed 
to a psychiatric hospital pursuant to an order of the District Court pursuant to Title 34-B, 
section 3864, after the expiration of 5 years from the final discharge from commitment, to 
apply to the Commissioner of Public Safety for relief from the disability. This is intended 
to provide a mechanism for relief for persons who have been committed pursuant to the 
emergency so-called "blue-paper" process under Title 34-B, section 3863 but not to those 
persons committed after ajudicial hearing; 
4. Permits the court to transmit the final ruling of involuntary commitment, without 
transmitting the record, mental health records or notes or testimony, to the Department of 
Public Safety, State Bureau of Identification for the sole purpose of transmitting the 
finding to the Federal Bureau of Investigation, National Instant Criminal Background 
Check System and to duly authorized law enforcement agencies pursuant to Title 34-B, 
section 3864; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 1?J" to H.P. 1336, L.D. 1902 
5. Permits authorized criminal justice agencies to use the data transmitted for law 
enforcement purposes, including processing of concealed fireanns permit applications, 
enforcement of bail conditions and protection from abuse orders, and for enforcement of 
state and federal laws concerning the prohibition against possession of firearms by 
prohibited persons; 
6. Provides accurate and timely information to the Federal Bureau of Investigation, 
National Instant Criminal Background Check System, which will assist federally licensed 
firearms dealers in Maine and across the country to properly carry out their duties and 
obligations under federal firearms laws; and 
7. Using the Department of Public Safety's current web services, provides interfacing 
with the Administrative Office of the Courts to exchange and share mental health 
adjudication data. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/02/08 Mac:.. 
LD 1902 
LR 2640(04) 
An Act To Bring Maine into Compliance with Federal Law Regarding Purchases of Firearms by 
Persons Found To Be a Danger to Themselves or Others 
Fiscal Note for Bill as Amended by Committee Amendment "6,, 
Net Cost (Savings) 
General Fund 
Highway Fund 
Appropriations/Allocations 
General Fund 
Highway Fund 
Fiscal Detail and Notes 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
$0 
$0 
$0 
$0 
2008-09 
$225,335 
$68,187 
$225,335 
$68,187 
Projections 
2009-10 
$56,118 
$37,192 
$56,118 
$37,192 
Projections 
2010-11 
$56,809 
$38,228 
$56,809 
$38,228 
This bill includes a General Fund appropriation to the Judicial Department of $185,21 0 in fiscal year 2008-09 and 
$31,323 annually thereafter to provide funds for one-time contractual services for new computer programming 
responsibilities and other required expenses to deal with the additional workload resulting from the filing of 
complaints. 
The bi II also includes a General Fund appropriation of $40, 125 and a Highway Fund allocation of $68, 187 in fiscal 
year 2008-09 to the Department of Public Safety for an Office Associate II position, computer development and 
maintenance, and associated administrative costs to process registrations and appeals. $16,000 of this appropriation 
and $32,000 of this allocation are one-time expenses to develop a new computer system to transmit information to the 
federal government. The Department indicates that federal funds may be available to cover this cost and the 
Department plans to submit an application. 
LR2640(04) - Fiscal Note - Page I of I