An Act To Bring the State's Laws into Compliance with the National Instant Criminal Background Check System
Maine Legislature, Session 125, LD 0827
Committee Amendment CA_A_H612 (House)
Amends: 18-A MRSA §5, 34-B MRSA §3863

FmST REGULAR SESSION 
COMMITTEE AMENDMENT "A" to H.P. 623, L.D. 827, Bill, "An Act To Bring 
the State's Laws into Compliance with the National Instant Criminal Background Check 
System" 
Amend the bill in section 2 in subsection 4-A in the first paragraph in the 3rd line 
(page 1, line 20 in L.D.) by striking out the following: "Section" and inserting the 
following: '£eotioR Sections 922(d)(4) and' 
Amend the bill in section 2 in subsection 4-A in the first paragraph in the 3rd line 
(page 1, line 20 in L.D.) by striking out the following: "or" and inserting the following: 
'ef' 
Amend the bill in section 2 in subsection 4-A in the first paragraph in the 3rd to last 
line (page 1, line 23 in L.D.) by inserting after the following: "J8M" the following: " 
committed to a mental institution or' 
Amend the bill in section 2 in subsection 4-A in the first paragraph in the 2nd to last 
line (page 1, line 24 in L.D.) by striking out the following: "5 years from the date of final 
discharge from" and inserting the following: '~ 2. years from the date of fiRa} disoharge 
ffem adjudication or' 
Amend the bill in section 2 in subsection 4-A in paragraph A in the 12th to 15th lines 
(page 1, lines 40 and 41 and page 2, lines 1 and 2 ofL.D.) by striking out the following: 
"In reviewing the application, the commissioner shall also receive and consider the 
circumstances regarding the disability, the applicant's mental health and criminal history 
records and the applicant's reputation, which must be developed, at a minimum, through 
character witness statements and any other character evidence." and inserting the 
following: 'In reviewing the application, the commissioner shall also receive and consider 
the circumstances regarding the disability, the applicant's record, including mental health 
and criminal history records, and the applicant's reputation, which must be developed, at 
a minimum, through character witness statements, testimony or any other character 
evidence.' 
COMMITTEE AMENDMENT 
ROFS 
COMMITTEE AMENDMENT ,,~ " to H.P. 623, L.D. 827 
Amend the bill in section 2 in subsection 4-A in paragraph E in the 2nd line (page 2, 
line 24 in L.D.) by striking out the following: "involuntary commitment to a hospital" and 
inserting the following: 'adjudication, involuntary admission or involuntary commitment 
to a Hospital' 
Amend the bill in section 2 in subsection 4-A in paragraph F in the 2nd line (page 2, 
line 29 in L.D.) by striking out the following: "involuntary" and inserting the following: 
'adjudication, involuntary admission or involuntary' 
Amend the bill by adding after section 2 the following: 
'Sec. 3. 18-A MRSA §5-106 is enacted to read: 
§5-106. Firearms possession prohibition notification 
A court that finds a person to be an incapacitated person 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 section, "firearm" has the same 
meaning as in Title 17-A, section 2, subsection 12-A.' 
Amend the bill in section 3 in paragraph C by striking out all of subparagraph (1) 
(page 3, lines 18 to 21 in L.D.) and inserting the following: 
'(1) Committed Admitted involuntarily to a hospital pursuant to Title 34-B, 
section 3863 or committed involuntarily 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 D;' 
Amend the bill in section 3 in paragraph C in subparagraph (2) in the last line (page 
3, line 23 in L.D.) by striking out the following: "or" and inserting the following: 'ef' 
Amend the bill in section 3 in paragraph C in subparagraph (3) in the first line (page 
3, line 24 in L.D.) by striking out the following: "charge." and inserting the following: 
'charge~,;",m:' 
Amend the bill in section 3 in paragraph C by inserting after subparagraph (3) the 
following: 
'(4) Found incapacitated as defined in Title 18-A, section 5-101, subsection (1) 
and lacking the capacity to contract or manage the person's own affairs.' 
Amend the bill by adding after section 3 the following: 
'Sec. 4. 34-B MRSA §3863, sub-§9 is enacted to read: 
9. Firearms possession prohibition notification. A person who is admitted to a 
psychiatric hospital on an emergency basis under this section must be informed that the 
person is prohibited from possession. ownership or control of a firearm 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,' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
R OF SCOMMITTEE AMENDMENT" Q" to H.P. 623, L.D. 827 
SUMMARY 
This amendment is the minority report of the committee. It shortens the waiting 
period for applying to have the right to own, possess or control a firearm from 5 years 
from the date of final discharge from commitment to 2 years from the date of 
adjudication or commitment. The amendment expands the restoration of rights to also 
include the provisions of 18 United States Code, Section 922(d)(4). The amendment also 
adds new sections regarding involuntary commitment pursuant to the Maine Revised 
Statutes, Title 34-B, section 3863 and regarding persons found to be incapacitated 
pursuant to Title I8-A, section 5-101 to inform a person subject to these provisions that 
the person is prohibited from owning, possessing or controlling firearms. 
FISCAL ~OTE REQt;lRED 
(See attached) 
COMMITTEE AMENDMENT 
ROFS 
Approved: 06/11111 frac 
LD 827 
LR 1355(02) 
An Act To Bring the State's Laws into Compliance with the National Instant Criminal Background 
Check System 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - General Fund 
The Judicial Department may require additional General Fund appropriations to create a mechanism to capture and 
record these emergency petitions if it is a responsibility of the court. The costs will not be incurred if the hospitals are 
required to provide a notification of commitment. The Department of Health and Human Services may also require 
additional General Fund appropriations to implement these changes. Whether these costs can be absorbed or would 
require additional staff and resources cannot be determined at this time. 
LR1355(02) - Fiscal Note - Page 1 of 1