An Act To Include Bows and Crossbows as Dangerous Weapons for Purposes of Protection from Abuse Orders
Maine Legislature, Session 127, LD 1438
Committee: Judiciary
Sponsors: HEAD
Amends: 19-A MRSA §4006, 19-A MRSA §4007

Legislative Document 
No. 1438 
H.P. 982 
House of Representatives, May 29, 2015 
An Act To Include Bows and Crossbows as Dangerous Weapons for 
Purposes of Protection from Abuse Orders 
Reference to the Committee on Judiciary suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative HEAD of Bethel.  (GOVERNOR'S BILL) 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  19-A MRSA §4006, sub-§2-A, as enacted by PL 2003, c. 372, §2, is 
amended to read: 
2-A.  Temporary orders; possession of dangerous weapons.  The court may direct 
the defendant not to possess a firearm, bow, crossbow or other dangerous weapon for the 
duration of the temporary order if the complaint demonstrates: 
A.  Abuse that involves a firearm, bow, crossbow or other dangerous weapon; or 
B.  A heightened risk of immediate abuse to the plaintiff or a minor child.  In 
determining whether a heightened risk of immediate abuse is present, the court shall 
consider, but is not limited to consideration of, whether: 
(1)  The temporary order of protection is not likely to achieve its purpose in the 
absence of such a condition; 
(2)  The defendant has violated orders of protection; 
(3)  Past or present abuse to a victim resulted in injury; 
(4)  The abuse occurred in public; and 
(5)  The abuse includes: 
(a)  Threats of suicide or homicide; 
(b)  Killing or threatening to kill pets; 
(c)  An escalation of violence; 
(d)  Stalking behavior or extreme obsession; 
(e)  Sexual violence; 
(f)  Excessive alcohol or drug use; and 
(g)  Abuse against a pregnant victim. 
If the court prohibits the defendant from possessing a firearm, bow, crossbow or other 
dangerous weapon in a temporary order and if the defendant moves for dissolution or 
modification of an order pursuant to subsection 7, the court must hear and decide the 
motion as expeditiously as possible and must issue a written decision on the motion 
within 24 hours after a hearing on that motion. 
If the court prohibits the defendant from possessing a dangerous weapon other than a 
firearm, bow or crossbow in a temporary order, the court shall specify the type of weapon 
the defendant is prohibited from possessing. 
If the court prohibits the defendant from possessing a firearm, bow, crossbow or other 
dangerous weapon in a temporary order, the court shall direct the defendant to relinquish, 
within 24 hours after service of the order on the defendant or such earlier time as the 
court specifies in the order, all firearms, bows, crossbows and specified dangerous 
weapons in the possession of the defendant to a law enforcement officer or other 
individual for the duration of the order.  If the weapons are relinquished to an individual 
other than a law enforcement officer, the defendant must file, within 24 hours after such 
relinquishment, with the court or local law enforcement agency designated in the order a 
written statement that contains the name and address of the individual holding the 
weapons and a description of all weapons held by that individual.  The court may 
subsequently issue a search warrant authorizing a law enforcement officer to seize any 
firearms, bows, crossbows and other dangerous weapons at any location if there is 
probable cause to believe such firearms, bows, crossbows or dangerous weapons have not 
been relinquished by the defendant. 
Sec. 2.  19-A MRSA §4007, sub-§1, ¶A-1, as enacted by PL 1997, c. 334, §5, is 
amended to read: 
A-1.  Directing the defendant not to possess a firearm, bow, crossbow or other 
dangerous weapon for the duration of the order; 
Sec. 3.  19-A MRSA §4007, sub-§1-A, as enacted by PL 2003, c. 372, §3, is 
amended to read: 
1-A.  No possession of firearm, bow or crossbow or dangerous weapons for 
duration of order.  If the court prohibits the defendant from possessing a dangerous 
weapon other than a firearm, bow or crossbow, the court shall specify the type of weapon 
the defendant is prohibited from possessing. 
If the court prohibits the defendant from possessing a firearm, bow, crossbow or other 
dangerous weapon, the court shall direct the defendant to relinquish, within 24 hours after 
service of the order on the defendant or such earlier time as the court specifies in the 
order, all firearms, bows, crossbows and specified dangerous weapons in the possession 
of the defendant to a law enforcement officer or other individual for the duration of the 
order.  If the weapons are relinquished to an individual other than a law enforcement 
officer, the defendant must file, within 24 hours after such relinquishment, with the court 
or local law enforcement agency designated in the order a written statement that contains 
the name and address of the individual holding the weapons and a description of all 
weapons held by that individual.  The court may subsequently issue a search warrant 
authorizing a law enforcement officer to seize any firearms, bows, crossbows and other 
dangerous weapons at any location if there is probable cause to believe such firearms, 
bows, crossbows or dangerous weapons have not been relinquished by the defendant. 
SUMMARY 
Current law authorizes the court to prohibit a defendant who is subject to a protection 
from abuse order from possessing a firearm or other dangerous weapon during the 
duration of the order.  This bill amends that law to specifically include bows and 
crossbows as weapons that the court may prohibit a defendant from possessing during the 
duration of a protection from abuse order.