An Act To Allow Nonviolent Felons To Own Firearms at the Court's Discretion
Maine Legislature, Session 128, LD 1401
Committee: Criminal Justice and Public Safety
Sponsors: JACKSON, MARTIN, DIAMOND, MASON, GROHMAN, HANINGTON
Amends: 15 MRSA §393

Legislative Document
No. 1401
S.P. 479
In Senate, April 11, 2017
An Act To Allow Nonviolent Felons To Own Firearms at the Court's 
Discretion
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 JACKSON of Aroostook.
Cosponsored by Representative MARTIN of Eagle Lake and
Senators: DIAMOND of Cumberland, MASON of Androscoggin, Representatives: 
GROHMAN of Biddeford, HANINGTON of Lincoln.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  15 MRSA §393, sub-§1, as amended by PL 2015, c. 470, §1, is further 
amended to read: 
1.  Possession prohibited.  A Except as provided in this subsection, a person may not 
own, possess or have under that person's control a firearm, unless that person has 
obtained a permit under this section, if that person: 
A-1.  Has been convicted of committing or found not criminally responsible by 
reason of insanity of committing: 
(1)  A crime in this State that is punishable by imprisonment for a term of one 
year or more; 
(2)  A crime under the laws of the United States that is punishable by 
imprisonment for a term exceeding one year; 
(3)  A crime under the laws of any other state that, in accordance with the laws of 
that jurisdiction, is punishable by a term of imprisonment exceeding one year.  
This subparagraph does not include a crime under the laws of another state that is 
classified by the laws of that state as a misdemeanor and is punishable by a term 
of imprisonment of 2 years or less; 
(4)  A crime under the laws of any other state that, in accordance with the laws of 
that jurisdiction, does not come within subparagraph (3) but is elementally 
substantially similar to a crime in this State that is punishable by a term of 
imprisonment for one year or more; or 
(5)  A crime under the laws of the United States, this State or any other state or 
the Passamaquoddy Tribe or Penobscot Nation in a proceeding in which the 
prosecuting authority was required to plead and prove that the person committed 
the crime with the use of: 
(a)  A firearm against a person; or 
(b)  Any other dangerous weapon. 
Violation of this paragraph is a Class C crime; 
C.  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: 
(1)  Under paragraph A-1, subparagraphs (1) to (4) and bodily injury to another 
person was threatened or resulted; or 
(3)  Under paragraph A-1, subparagraph (5).  
Violation of this paragraph is a Class C crime; 
D.  Is subject to an order of a court of the United States or a state, territory, 
commonwealth or tribe that restrains that person from harassing, stalking or 
threatening an intimate partner, as defined in 18 United States Code, Section 921(a), 
of that person or a child of the intimate partner of that person, or from engaging in 
other conduct that would place the intimate partner in reasonable fear of bodily injury 
to the intimate partner or the child, except that this paragraph applies only to a court 
order that was issued after a hearing for which that person received actual notice and 
at which that person had the opportunity to participate and that: 
(1)  Includes a finding that the person represents a credible threat to the physical 
safety of an intimate partner or a child; or 
(2)  By its terms, explicitly prohibits the use, attempted use or threatened use of 
physical force against an intimate partner or a child that would reasonably be 
expected to cause bodily injury. 
Violation of this paragraph is a Class D crime; 
E.  Has been: 
(1)  Committed involuntarily to a hospital 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 C; 
(2)  Found not criminally responsible by reason of insanity with respect to a 
criminal charge; or 
(3)  Found not competent to stand trial with respect to a criminal charge. 
Violation of this paragraph is a Class D crime; 
F.  Is a fugitive from justice.  For the purposes of this paragraph, "fugitive from 
justice" has the same meaning as in section 201, subsection 4.  Violation of this 
paragraph is a Class D crime; 
G.  Is an unlawful user of or is addicted to any controlled substance and as a result is 
prohibited from possession of a firearm under 18 United States Code, Section 
922(g)(3).  Violation of this paragraph is a Class D crime; 
H.  Is an alien who is illegally or unlawfully in the United States or who was admitted 
under a nonimmigrant visa and who is prohibited from possession of a firearm under 
United States Code, Section 922(g)(5). Violation of this paragraph is a Class D 
crime; 
I.  Has been discharged from the United States Armed Forces under dishonorable 
conditions.  Violation of this paragraph is a Class D crime; or 
J.  Has, having been a citizen of the United States, renounced that person's 
citizenship.  Violation of this paragraph is a Class D crime. 
For the purposes of this subsection, a person is deemed to have been convicted 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 jurisdiction. 
For a person convicted of an offense under paragraph A-1, subparagraphs (1) to (4) in 
which bodily injury to another person was not threatened and did not result, the court may 
exempt the person from the prohibitions under this subsection if, upon sentencing or 
petition by the person after sentencing with notice to the prosecuting office that 
prosecuted the offense, the court determines that the person does not pose a threat to 
public safety. 
In the case of a deferred disposition, a person is deemed to have been convicted when the 
court imposes the sentence.  In the case of a deferred disposition for a person alleged to 
have committed one or more of the offenses listed in section 1023, subsection 4, 
paragraph B-1, that person may not possess a firearm during the deferred disposition 
period.  Violation of this paragraph is a Class C crime. 
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. 
SUMMARY 
This bill allows a court to exempt from the prohibition against owning a firearm a 
person convicted of a Class A, B or C crime or a similar offense if bodily injury to 
another person was not threatened and did not result and the court determines that the 
person does not pose a threat to public safety.