An Act To Create a Community Protection Order To Allow Comis To Prevent High-risk Individuals from Possessing Firearms
Maine Legislature, Session 128, LD 1884
Committee Amendment CA_B_S489 (Senate)
Amends: 15 MRSA §393, 34-B MRSA §3873-A

SE:COND REGULAR SESSION 
COMMITTEE AMENDMENT "B" to S.P. 719, L.D. 1884, Bill, "An Act To 
Create a Community Protection Order To Allow Comis To Prevent High-risk Individuals 
from Possessing Firearms" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Specify the Procedures Regarding the Court-ordered Surrender of 
Dangerous Weapons' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
1Sec. 1. 15 MRSA §393, sub-§1, ~, as amended by PL 2015, c. 470, §1, is 
further amended to read: 
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; er 
(3) Found not competent to stand trial with respect to a criminal charge.,_;__m: 
( 4) Ordered to participate in a progressive treatment program pursuant to Title 
34-B, section 3873-A and, as part of that order, directed not to possess firearms 
pursuant to Title 34-B, section 3873-A, subsection 7-A. 
Violation of this paragraph is a Class D crime; 
Sec. 2. 15 MRSA §393, sub-§1-C is enacted to read: 
1-C. Dissolution or modification of court order prohibiting firearms. If a court 
of this State enters an order dissolving, terminating or vacating an order or any portion of 
CC)MMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" 0" to S.P. 719, L.D. 1884 
an order that constitutes grounds to prohibit a person from possessing a firearm pursuant 
to subsection 1, 1-A or 1-B, the court shall promptly transmit that information to the 
Department of Public Safety, Bureau of State Police, State Bureau of Identification. The 
State Bureau of Identification shall promptly notify the Federal Bureau of Investigation 
and request that the Federal Bureau of Investigation promptly update the National Instant 
Criminal Background Check System so that it no longer reflects the dissolved, terminated 
or vacated order as a ground for prohibiting the subject of the order from possessing a 
firearm. 
Sec. 3. 34-B MRSA §3873-A, sub-§5, ~]A-1 is enacted to read: 
A-1. Prior to the commencement of the hearing, the court shall inform the patient 
that if an order is entered pursuant to subsection 7-A, that patient is a prohibiteq 
person and may not own, possess or have under that person's control a firearm 
pmsuant to Title 15, section 393, subsection 1. 
Sec. 4. 34-B MRSA §3873-A, sub-§§7-A and 7-B are enacted to read: 
7-A. Firearms. If the court directs a patient to follow an individualized treatment 
plan pursuant to subsection 6, the court may also prohibit the patient from possessing a 
firearm, muzzle-loading firearm, bow, crossbow or other dangerous weapon for the 
duration of the treatment plan. If the court prohibits the patient from possessing a 
dangerous weapon other than a firearm, muzzle-loading firearm, bow or crossbow, the 
court shall specify the type of weapon the patient is prohibited from possessing,. 
If the court prohibits the patient from possessing a firearm, muzzle-loading firearm, bow, 
crossbow or other dangerous weapon, the court shall notify the patient that possession of 
a firearm by the person is prohibited pursuant to Title 15, section 393. The court also 
shall direct the patient to relinquish, within 24 homs after service of the order on the 
patient or such earlier time as the court specifies in the order, all fireanns, muzzle-loading 
firearms, bows, crossbows and specified dangerous weapons in the possession of the 
patient 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 
patient must file, within 24 homs 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 duties and liability of a law enforcement agency with respect to firearms surrendered 
pmsuant to this subsection are governed by Title 25, section 2804-C, subsection 2-C. 
7-B. 
Transmission of abstract of court ruling to the State Bureau of 
Identification. Notwithstanding any other provision of this section or section 1207, a 
court shall transmit to the Department of Public Safety, Bmeau of State Police, State 
Bmeau of Identification an abstract of any order issued by the court pursuant to this 
section that includes a prohibition on the possession of a firearm pursuant to subsection 
7-A. The abstract must include: 
A. The name, date of birth and gender of the person who is the subject of the order; 
B. The court's order pursuant to subsection 7-A and the expiration date of that order; 
and 
COMMITTEE AMENDMENT 
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I, 
COMMITTEE AMENDMENT" B" to S.P. 719, L.D. 1884 
C. A notation that the person has been notified by the court in accordance with 
subsection 5, paragraph A-1 and subsection 7-A. 
The abstract required by this subsection is confidential and is not a public record as 
defined in Title 1. chapter 13; however, a copy of the abstract may be provided by the 
State Bureau of Identification to a criminal justice agency for legitimate law enforcement 
moses, to the Federal Bureau of Investigation, National Instant Criminal Background 
Check System or to an issuing authority for the purpose of processing concealed firearm 
rurrmit applications. The State Bureau of Identification shall request that the Federal 
Bureau of Investigation ensure that, immediately after an order issued pursuant to 
subsection 7-A expires, the National Instant Criminal Background Check System no 
longer reflects that expired order as a ground for prohibiting the subject of the order from 
QQ§sessing a firearm. 
For the purposes of this subsection, 
11criminal justice agency
means a federal, state, 
tribal, district, county or loc_g,l~overnment agency or any subunit of those entities that 
rurr_forms the administration of criminal justice under a statute or executive order and that 
allocates a substantial part of its annual budget to the administration of criminal justice. 
Courts and the Department of the Attorney General are considered criminal justice 
agencies. "Criminal justice agency" also includes any equivalent criminal justice agency 
at any level of Canadian government.' 
SUMMARY 
This amendment, which is the minority report of the committee, strikes and replaces 
the bill. The amendment authorizes a court to order a person admitted to a progressive 
treatment program not to possess firearms, muzzle-loading firearms, bows, crossbows or 
other specified dangerous weapons for the duration of the patient's court-ordered 
participation in the program. Possession of a firearm by a patient in violation of such an 
order is a Class D crime. A law enforcement officer to whom a patient surrenders a 
firearm must exercise reasonable care to avoid loss, damage or reduction in value of the 
surrendered fireann. 
The amendment also directs a court of this State that enters an order dissolving, 
terminating or vacating an order or any portion of an order that constitutes grounds to 
prohibit a person from possessing a firearm pursuant to the Maine Revised Statutes, Title 
15, section 393 to promptly notify the Department of Public Safety, Bureau of State 
Police, State Bureau of Identification of this information. 
The State Bureau of 
Identification is required to then promptly notify the Federal Bureau of Investigation and 
request that the National Instant Criminal Background Check System be promptly 
updated to reflect the dissolution, termination, vacation or modification of the underlying 
order. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMJ'TTEE AMENDMENT 
Approved: 04/18/18 feac 
LD 1884 
LR 2943(03) 
An Act To Create a Community Protection Order To Allow Courts To Prevent High-risk Individuals 
from Possessing Firearms 
Fiscal Note for Bill as Amended by Committee Amendment 'O' l S- Ll!i'1) 
Committee: Judiciary 
D 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor cost increase - Highway Fund 
Correctional and Judicial Impact Statements 
Increases caseload of civil suits and Class D crimes. 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. 
The collection of additional fines may increase General Fund or other dedicated revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the Departments of Health and Human Services and Public Safety from the provisions of this 
bill are expected to be minor and can be absorbed within existing budgeted resources. 
LR2943(03) - Fiscal Note - Page 1 of 1