An Act To Conform Maine Law Regarding Persons Prohibited from Possessing Firearms with Federal Law
Maine Legislature, Session 127, LD 0600
Committee Amendment CA_A_H389 (House)
Amends: 15 MRSA §393

COMMITTEE AMENDMENT "A" to H.P. 413, L.D. 600, Bill, "An Act To 
Conform Maine Law Regarding Persons Prohibited from Possessing Firearms with 
Federal Law" 
Amend the bill by striking out the title and substituting the following; 
'An Act To Prohibit a Person Convicted of a Crime of Domestic Violence from 
Possessing a Firearm for a Period of 5 Years and To Better Align Maine Law with 
Federal Law Regarding Persons Prohibited from Possessing Firearms' 
Amend the bill in section 3 in the first line by striking out the following; "to K" and 
inserting the following: 'to J' 
Amend the bill in section 3 in paragraph I in the last line (page 1, line 37 in L.l).) by 
inserting after the following: "conditions;" the following: 'or' 
Amend the bill in section 3 in paragraph J in the last line (page 1, line 39 in L.D.) by 
striking out the following: "~" and inserting the following: ' ... ' 
Amend the bill in section 3 by striking out all of paragraph K (page 2, lines I and 2 in 
L.D.) 
Amend the bill by inserting after section 3 the following: 
'Sec. 4. 15 MRSA §393, sub-§l-A, as amended by PL 2007, c. 194, §2, is further 
amended to read: 
1-A. Limited prohibition for nonviolent juvenile offenses. A person who 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 coiwiction under subsection 1, paragraph A-l or subsection I-B, paragraph 
A but is not an adjudication under subsection I, paragraph C or an adjudication under 
subsection I-B, paragraph B in which bodily injury to another person was threatened or 
resulted may not own or have in that person's possession or control a fire ann for a period 
of 3 years following completion of any disposition imposed or until that person reaches 
years of age, whichever is later. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,it" to H.P. 413, L.D. 600 
Sec. 5. 15 MRSA §393, sub-§I-B is enacted to read: 
I-B. Prohibition for domestic violence offenses. A person may not own, Rossess 
or have under that person's control a fireann if that person: 
A. Has been convicted of committing or found not criminally responsible by reason 
of insanity of committing: 
(1) A Class D crime in this State in violation of Title I7-A, section 207-A, 
209-A, 2IO-B, 210-C or 2I1-A; or 
(2) A crime under the laws of the United States or any other state that in 
accordance with the laws of that iurisdiction is elementally substantially similar 
to a crime in subparagraph (1); or 
. B. 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 under this subsection. 
Except as provided in subsection I-A, the prohibition created by this subsection for a 
conviction or adjudication of an offense listed in paragraph A or B expires 5 years from 
the date the person is finally discharged from the sentence imposed as a result of the 
conviction or adjudication if that person has no subsequent criminal convictions during 
that 5-year period. If a person is convicted of a subsequent crime within the 5-year 
period, the 5-year period starts anew from the date of the subsequent conviction. In the 
case of a deferred disposition, the 5-year period begins at the start of the deferred 
disposition period. 
For the purposes of this subsection, a person is deemed to have been convicted or 
adjudicated 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 
jurisdi cti on. 
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. 
The provisions of this subsection apply only to a person convicted, adjudicated or placed 
on deferred disposition on or after the effective date of this subsection.' 
SUMMARY 
This amendment modifies the provision in the bill regarding a prohibition on the 
possession of a fireann by a person convicted of a crime of domestic violence. This 
amendment provides that a person convicted or adjudicated of a Class D crime of 
domestic violence is prohibited from possessing a fireann for 5 years from the date of the 
conviction or adjudication. The prohibition expires at the end of the 5-year period unless 
the person is convicted of any subsequent crime during the 5-year period. 
COMMITTEE AMENDMENT