An Act To Transfer the Authority To Issue Nonconcealed Firearm Permits in Certain Cases from the Department of Public Safety to the Office of the Governor
Maine Legislature, Session 128, LD 1585
Committee: Criminal Justice and Public Safety
Sponsors: ROSEN
Amends: 15 MRSA §393

Legislative Document
No. 1585
S.P. 559
In Senate, May 4, 2017
An Act To Transfer the Authority To Issue Nonconcealed Firearm 
Permits in Certain Cases from the Department of Public Safety to 
the Office of the Governor
Submitted by the Department of Public Safety pursuant to Joint Rule 204.
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator ROSEN of Hancock.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  15 MRSA §393, sub-§2, as amended by PL 2013, c. 424, Pt. A, §5, is 
further amended to read: 
2.  Application after 5 years.  A person subject to the provisions of subsection 1, 
paragraph A-1 or 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 Office of the 
Governor for a permit to carry a firearm subject to subsection 4.  That person may not be 
issued a permit to carry a concealed handgun 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 commissioner Governor. For purposes of this subsection, 
"firearm" does not include a firearm defined under 18 United States Code, Section 
921(3). 
Sec. 2.  15 MRSA §393, sub-§3, as amended by PL 2007, c. 194, §4, is further 
amended to read: 
3.  Contents. An application under subsection 2 must be on a form prepared by the 
Commissioner of Public Safety Office of the Governor. The application must include the 
following: the applicant's full name; all aliases; date and place of birth; place of legal 
residence; occupation; make, model and serial number of the firearm sought to be 
possessed; date, place and nature of conviction; sentence imposed; place of incarceration; 
name and address of probation or parole officer; date of discharge or release from prison 
or jail or termination of probation, supervised release for sex offenders, parole or 
administrative release; the reason for the request; and any other information determined 
by the commissioner Governor to be of assistance. The application must be accompanied 
by certified or attested copies of the indictment, information or complaint, judgment and 
commitment and discharge that are the subject of the conviction. 
Sec. 3.  15 MRSA §393, sub-§4, as amended by PL 2009, c. 503, §2, is further 
amended to read: 
4.  Notification, objection and decision. Upon receipt of an application, the 
commissioner Office of the Governor shall determine if the application is in proper form. 
If the application is proper, the commissioner Governor 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 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 Governor may direct any appropriate investigation to be 
carried out.  
A.  If, within 30 days of the sending of notice, a person notified objects in writing to 
the commissioner Governor regarding the initial issuance of a permit and provides 
the reason for the objection, the commissioner Governor may not issue a permit.  The 
reason for the objection must be communicated in writing to the commissioner 
Governor in order for it to be the sole basis for denial. 
B.  If, within 30 days of the sending of notice, a person notified objects in writing, 
including the reason for the objection, to the commissioner Governor regarding a 2nd 
or subsequent issuance of a permit, the commissioner Governor shall take the 
objection and its reason into consideration when determining whether to issue a 2nd 
or subsequent permit to the applicant, but need not deny the issuance of a permit 
based on an objection alone. 
The commissioner Governor may deny any application for a permit even if no objection 
is filed. 
SUMMARY 
This bill transfers the authority to issue nonconcealed firearm permits in certain cases 
from the Department of Public Safety to the Office of the Governor.