An Act To IO Expand Options for the Prevention of Domestic Violence
Maine Legislature, Session 128, LD 1175
Committee Amendment CA_A_S250 (Senate)

COMMITTEE AMENDMENT "A " to S.P. 396, L.D. 1175, Bill, "An Act To 
IO 
Expand Options for the Prevention of Domestic Violence" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 15 MRSA c. 16 is enacted to read: 
CHAPTER 16 
GUN VIOLENCE RESTRAINING ORDERS 
§401. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Family or household member. "Family or household member" has the same 
meaning as in Title 19-A, section 4002, subsection 4. 
2. Firearm. "Firearm" has the same meaning as in Title 17-A, section 2, subsection 
12-A. 
3. Gun violence restraining order. "Gun violence restraining order" means a 
written order issued by a court pursuant to this chapter prohibiting and enjoining a named 
person from purchasing, possessing, receiving or having in that person's custody or 
control any firearms. 
4. Law enforcement officer. "Law enforcement officer" has the same meaning as in 
Title 17-A, section 2, subsection 17. 
5. Restrained person. "Restrained person" means the person who is the subject of a 
gun violence restraining order. 
COMMITTEE AMENDMENT 
COMMITrEE M1ENDMENT"A "to S.P. 396, L.D. 1175 
§402. Petition, notice and hearing; evidence considered; evidentiary standard 
A law enforcement officer or a family or household member of a person may file a 
petition requesting that a court, after notice and a hearing, issue a gun violence restraining 
order enjoining the subject of the petition from purchasing, possessing, receiving or 
having in .the person's custody or control any firearms for a period of 6 months. · 
1. Petition. A petition for a gun violence restraining order must describe the 
number, types and locations of any firearms believed by the petitioner to be in the 
possession, custody or control of the person who is the subject of the petition. 
2. Hearing; evidence considered. In determining whether grounds for the issuance 
IO 
of a gun violence restraining order exist, the court shall hold a hearing to consider all 
evidence of the following: 
A. A recent threat or act of violence by the subject of the petition directed toward the 
subject of the petition or another person; 
B. 
A violation of a protection from abuse order issued pursuant to Title 19-A, 
chapter IO I that is in effect at the time the court is considering the petition; 
C. A recent violation of an unexpired protection from abuse order issued pursuant to 
Title 19-A, chapter 101; and 
D. A pattern of acts or threats of violence within the past 12 months, including, but 
not limited to, acts or threats of violence by the subject of the petition directed toward 
the subject of the petition or another person. 
For the purposes of this subsection and subsection 3, "recent" means within the 6 months 
prior to the date the petition is filed. 
3. Additional evidence of increased risk for violence. In addition to the evidence 
considered pursuant to subsection 2, in determining whether grounds for the issuance of a 
gun violence restraining order exist, the court may also consider any other evidence of an 
increased risk for violence, including, but not limited to: 
A. The unlawful and reckless use, display or brandishing of a firearm by the subject 
of the petition; 
B. The history of use, attempted use or threatened use of physical force by the 
subject of the petition against another person; 
C. 
Any prior arrest of the subject of the petition in this State or in another 
jurisdiction for any Class A, Class B or Class C crime; 
D. 
Any history of a violation by the subject of the petition of an emergency 
protection from abuse order issued pursuant to Title 19-A, chapter 101; 
E. Documentary evidence, including, but not limited to, police reports and records of 
convictions, of either recent criminal offenses by the subject of the petition that 
involve controlled substances or alcohol or ongoing abuse of controlled substances or 
alcohol by the subject of the petition; and 
F. Evidence ofrecent acquisition of firearms, ammunition or other deadly weapons. 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT "A "to S.P. 396, L.D. 1175 
4. Evidentiary standard; burden on petitioner. For the purposes of a hearing 
under this section, the petitioner has the burden of proving by clear and convincing 
evidence that: 
A. The subject of the petition poses a significant danger of personal injury to the 
subject of the petition or another person by having a firearm in the subject of the 
petition's possession, custody or control; and 
B. A gun violence restraining order is necessary to prevent personal injury to the 
subject of the petition or another person because less restrictive alternatives have 
been tried and found to be ineffective or because less restrictive alternatives are 
inadequate or inappropriate based on the circumstances of the subject of the petition. 
5. Additional evidentiary requirements if petitioner is law enforcement officer. 
If the petitioner is a law enforcement officer, the petitioner must prove the requirements 
of subsection 4 by clear and convincing evidence that includes the petitioner's personal 
knowledge or observations of the subject of the petition or the petitioner's personal 
knowledge or observations of the other person to whom the subject of the petition poses a 
significant danger of personal injury. 
6. Continuance. A hearing conducted pursuant to this section or pursuant to section 
403, subsection 3 or 4 may be continued upon a showing of good cause. Notwithstanding 
any provision of this chapter to the contrary, a gun violence restraining order issued 
pursuant to this chapter remains in effect during any period of continuance. 
§403. Issuance of order; order contents; termination; renewal 
1. Issuance. If, after conducting a hearing in accordance with section 402, the court 
finds by clear and convincing evidence that the requirements for a gun violence 
restraining order are met. the court shall issue an order prohibiting the subject of the 
petition from purchasing, possessing, receiving or having in that person's custody or 
control any firearms for a period of 6 months. A gun violence restraining order issued 
pursuant to this section expires 6 months from the date of issuance, except if terminated 
pursuant to subsection 3 or renewed pursuant to subsection 4. 
2. Order contents. A gun violence restraining order issued in accordance with 
subsection 1 must include the following: 
A. A statement of the grounds supporting the issuance of the order; 
B. The date and time at which the order expires; 
C. 
A statement regarding the required filing of the receipt resulting from the 
surrender of firearms pursuant to section 404, subsection 2, paragraph C; and 
D. The following statement: 
"To the restrained person: This order will last until the date and time noted above. If 
you have not done so already, you must surrender all firearms that you possess or 
have in your custody or control in accordance with the Maine Revised Statutes, Title 
15, section 404. While this order is in effect, you may not purchase, possess, receive 
or have in your custody or control any fireann. Pursuant to the Maine Revised 
Statutes, Title 15, section 403, subsection 3, you have the right to request one hearing 
COMMITTEE AMENDMENT 
I 
t~ 
' i 
l 
COMMITTEE AMENDMENT" A 
"to S.P. 396, L.D. 1175 
to tenninate this order at any time during its effective period. You have the right to 
seek the advice of an attorney as to any matter connected with this order." 
3. Termination of order. A restrained person may submit one written request at 
any time during the effective period of the order for a hearing to tenninate the order. 
A. At the time that the court issues an order under subsection I. the court shall 
inform the restrained person that the restrained person is entitled to one hearing to 
request a tennination of the order pursuant to this subsection and shall provide the 
restrained person with a form to request a termination hearing. 
B. Upon the written request of a restrained person for a hearing to terminate the 
order, the court shall conduct a hearing in accordance with section 402 to determine 
whether there continues to exist clear and convincing evidence that the evidentiary 
requirements in section 402, subsection 4 supporting the issuance of the order are 
satisfied. If the court finds after the hearing that the evidentiary requirements are no 
longer satisfied by clear and convincing evidence, the court shall terminate the order. 
4. Renewal of order. A law enforcement officer or a family or household member 
of a restrained person may file a petition requesting the renewal of a gun violence 
restraining order at any time within the 3 months before the order expires. 
A. The court may, after notice and a hearing in accordance with section 402, renew 
the order if the petitioner proves, by clear and convincing evidence, that the 
evidentiary requirements in section 402, subsection 4 supporting the issuance of the 
order continue to be satisfied. 
B. If pursuant to paragraph A the court detennines that the evidence supports 
renewal of the order, the court shall issue a gun violence restraining order that 
replaces the prior order and that meets the requirements of subsections 1 and 2. 
§404. Effect of order; service of order; surrender of firearms 
1. Effect of order; service of order. Upon issuance of a gun violence restraining 
order, the court shall order the restrained person to surrender to a local law enforcement 
agency all firearms in the restrained person's possession, custody or control. A restrained 
person may not purchase, possess, receive or have in that person's custody or control any 
firearms while the order is in effect. 
If the restrained person is not present in court at the time the order is issued or renewed. 
the order must be personally served on the restrained person by a law enforcement officer 
if the restrained person can reasonably be located. 
2. Surrender of firearms. A restrained person ordered to surrender all firearms 
pursuant to subsection I shall, upon request of a law enforcement officer and after service 
of the gun violence restraining order. immediately surrender to the officer all fireanns in 
the restrained person's possession, custody or control. 
A. A law enforcement officer who serves a gun violence restraining order on a 
restrained person that indicates that the restrained person possesses or has in the 
restrained person's custody or control any firearms shall request that the restrained 
person immediately surrender all firearms to the officer. 
COMMITTEE AMENDMENT 
'~ 
(!\'. y 
'\).., 
, 
' 
, 
\J 
3. 't 
;:2 
COMMITIEE AMENDMENT" A 
"to S.P. 396, L.D. 1175 
B. If a law enforcement officer serves a gun violence restraining _order on a 
restrained person . but does not request that the restrained person immediately 
surrender all firearms in the restrained person's possession, custody or control, the 
restrained person1shall, within 24 hours of being served with the order: 
(1) 
Surrrwder all firearms in the restrained person's possession, custody or 
control tcc..,foe control of a local law enforcement agency; or 
(2) Sel! _lcll firearms in the restrained person's possession, custody or control to a 
federally licensed firearms dealer. 
C. A law ;;nforcement officer or a federally licensed firearms dealer who assumes 
custodyJt control of a restrained person's firearms pursuant to this subsection shall 
issue a pceipt to the restrained person at the time of surrender or sale. Within 48 
hours after being served with the gun violence restraining order, the restrained person 
shall: 
--; 
LJ ) File with the court that issued the order the original receipt showing that all 
firearms in the restrained person's possession, custody or control have been 
surrendered to a local law enforcement agency or sold to a federally licensed 
firearms dealer. Failure to timely file a receipt in accordance with this 
subparagraph constitutes a violation of the order and is subject to penalties under 
section 405; and 
(2) If the restrained person sells the restrained person's firearms to a federally 
licensed firearms dealer, file with the law enforcement agency that served the gun 
violence restraining order a copy of the original receipt from the dealer. Failure 
to timely file a copy of the receipt in accordance with this subparagraph 
constitutes a violation of the order and is subject to penalties under section 405. 
3. Firearms retained by law enforcement agency. A law enforcement agency to 
which a restrained person's firearms are surrendered pursuant to subsection 2 shall retain 
the firearms until the expiration of the gun violence restraining order that the restrained 
person is subject to. Upon expiration of the order, the law enforcement agency shall 
return the firearms to the restrained person, except that: 
A. After making a reasonable attempt to locate or notify the restrained person of the 
expiration of the order and the availability of the person's firearms, the law 
enforcement agency may dispose of any unclaimed firearms in accordance with Title 
25, section 3503-A if the agency is unable to locate the restrained person; 
B. The restrained person may sell the person's firearms that are in the custody or 
control of the law enforcement agency to a federally licensed firearms dealer as long 
as the firearms are otherwise legal to own or possess in the State and the restrained 
person otherwise has right to title of the firearms; and 
C. If a person other than the restrained person claims title to a firearm of the 
restrained person in the custody or control of the law enforcement agency and the 
agency determines that the other person is the lawful owner of the firearm, the agency 
shall return the firearm to the other person. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 396, L.D. 1175 
§405. Violations 
A restrained person who intentionally or knowingly purchases, receives, possesses or 
has in the restrained person's custody or control a firean 1 in violation of a gun violence 
restraining order issued pursuant to this chapter commits a Class D crime. 
In sentencing a person for a violation of a gun violenc'l restraining order under this 
section, the court shall, in addition to any other sentencin,,; alternative imposed under 
Title 17-A, chapter 47, prohibit the person from purchasin7,, receiving, possessing or 
having in the person's custody or control any firearm for a 5-y ~ar period, with the period 
commencing upon the expiration of the order. 
For the purposes of this section, "intentionally" has the sa1ne meaning as in Title 
17-A, section 2, subsection 15 and "knowingly" has the same me1.ning as in Title 17-A, 
section 2, subsection 16. 
Sec. 2. Appropriations and allocations. The followine. appropriations and 
allocations are made. 
JUDICIAL DEPARTMENT 
Courts - Supreme, Superior and District 0063 
Initiative: Provides funds for one Judge position, one Assistant Clerk p<:sition and one 
8 
Deputy Marshal position to address anticipated new cases and requireJ information 
technology updates. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOT AL . 
JUDICIAL DEPARTMENT 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL - ALL FUNDS 
PUBLIC SAFETY, DEPARTMENT OF 
State Police 0291 
2017-18 
3.000 
$263,770 
$439,800 
$703,570 
2017-18 
$703,570 
$703,570 
2018-19 
3.000 
$166,304 
~ 16,900 
$38: ,204 
2018-19 
$383,204 
$383,204 
Initiative: Provides one-time funding for increased storage costs related to retaining 
firearms under a gun violence restraining order process. 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT"A" to S.P. 396, L.D. 1175 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
HIGHWAY FUND 
All Other 
HIGHWAY FUND TOTAL 
PUBLIC SAFETY, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
HIGHWAY FUND 
DEPARTMENT TOTAL-ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
HIGHWAY FUND 
SECTION TOTAL - ALL FUNDS 
SUMMARY 
2017-18 
$33,150 
$33,150 
2017-18 
$18,170 
$18,170 
2017-18 
$33,150 
$18,170 
$51,320 
2017-18 
$736,720 
$18,170 
$754,890 
2018-19 
$0 
$0 
2018-19 
$0 
$0 
2018-19 
$0 
$0 
$0 
2018-19 
$383,204 
$0 
$383,204 
This amendment, which is the minority report of the committee, replaces the bill and 
creates a judicial process for the imposition of a gun violence restraining order whereby a 
court is authorized to order a person to surrender that person's firearms for a 6-month 
period of time when it has been proved by clear and convincing evidence that the person 
poses a danger of causing personal injury to that person or to another person. A person 
who possesses a firearm in violation of a gun violence restraining order commits a Class 
D crime, the sentence for which must include a prohibition on the possession of firearms 
for a 5-year period of time. The amendment also adds an appropriations and allocations 
section to provide funding to address anticipated new cases and required information 
technology updates within the Judicial Department and to provide funding to the 
Department of Public Safety for increased storage costs relating to retaining firearms 
under a gun violence restraining order process. 
FISCAL NOTE REQUIRED 
7 
(See attached) 
COMMITTEE AMENDMENT 
Net Cost (Savings) 
General Fund 
Highway Fund 
Revised: 06/08/17 feac 
LD 1175 
LR 2097(02) 
An Act To Expand Options for the Prevention of Domestic Violence 
Fiscal Note for Bill as Amended by Committee Amendment 'f;( ( S' -';;2 S 0 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
$736,720 
$18,170 
FY 2018-19 
$383,204 
$0 
Projections 
FY 2019-20 
$394,193 
$0 
Projections 
FY 2020-21 
$405,521 
$0 
Appropriations/Allocations 
General Fund 
$736,720 
$18,170 
$383,204 
$0 
$394,193 
$0 
$405,521 
$0 
Highway Fund 
Fiscal Detail and Notes 
This bill includes General Fund appropriations of $703 ,570 in fiscal year 2017-18 and $3 83 ,204 in fiscal year 2018-19 
for the judicial branch for one Judge position, one Assistant Clerk position and one Deputy Marshal position to 
address anticipated new cases and required infonnation technology updates. 
The bill also includes a one-time General Fund appropriation of$33,150 and a one-time Highway Fund allocation of 
$18, 170 in fiscal year 2017-18 for increased storage costs related to retaining fireanns under a gun violence 
restraining order process. 
LR2097(02) - Fiscal Note - Page I of I 
I 
f