An Act Regarding Access to Firearms by Extremely Dangerous and Suicidal Individuals
Maine Legislature, Session 129, LD 1312
Committee: Judiciary
Sponsors: MILLETT, CARDONE, GIDEON, CARSON, GRATWICK, MIRAMANT, BAILEY, HARNETT, HYMANSON, RECKITT
Amends: 25 MRSA §2804-C

Legislative Document
No. 1312
S.P. 408
In Senate, March 19, 2019
An Act Regarding Access to Firearms by Extremely Dangerous and 
Suicidal Individuals
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator MILLETT of Cumberland.
Cosponsored by Representative CARDONE of Bangor, Speaker GIDEON of Freeport and
Senators: CARSON of Cumberland, GRATWICK of Penobscot, MIRAMANT of Knox, 
Representatives: BAILEY of Saco, HARNETT of Gardiner, HYMANSON of York, 
McCREIGHT of Harpswell, RECKITT of South Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA c. 16 is enacted to read:
CHAPTER 16
EXTREME RISK PROTECTION ORDERS
SUBCHAPTER 1
GENERAL PROVISIONS
§401.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Court.  "Court" means a District Court.
2.  Extreme risk protection order.  "Extreme risk protection order" means a written 
order signed by the court that prohibits and enjoins a restrained individual from 
purchasing, possessing or controlling a firearm and from attempting to purchase, possess 
or control a firearm.  An extreme risk protection order may be a temporary extreme risk 
protection order issued pursuant to subchapter 2 or an extended extreme risk protection 
order issued pursuant to subchapter 3.
3.  Family or household member.  "Family or household member" means a spouse 
or domestic partner of the respondent, a former spouse or former domestic partner of the 
respondent, an individual presently or formerly living as a spouse of the respondent, a 
parent of a child of the respondent or an adult related by consanguinity or affinity to the 
respondent.
4.  Law enforcement agency.  "Law enforcement agency" means the State Police, a 
sheriff's department or a municipal police department.
5.  Law enforcement officer.  "Law enforcement officer" means a person who by 
virtue of public employment is vested by law with the power to make arrests for crimes or 
serve criminal process, whether that power extends to all crimes or is limited to specific 
crimes, and who possesses a current and valid certificate issued by the Board of Trustees 
of the Maine Criminal Justice Academy pursuant to Title 25, section 2803-A. As used in 
this chapter, "law enforcement officer" does not include federal law enforcement officers 
or attorneys prosecuting for the State.
6.  Petition.  "Petition" means a petition for an extreme risk protection order filed 
under this chapter.
7.  Petitioner.  "Petitioner" means a law enforcement agency, law enforcement 
officer or family or household member who files a petition for an extreme risk protection 
order under this chapter.
8.  Respondent.  "Respondent" means an individual named in a petition filed under 
this chapter whose purchase, possession or control of a firearm the petitioner seeks to 
restrain.
9.  Restrained individual.  "Restrained individual" means an individual who is the 
subject of an extreme risk protection order.
SUBCHAPTER 2
TEMPORARY EXTREME RISK PROTECTION ORDERS
§411.  Petition
1.  Filing of petition.  A law enforcement agency, a law enforcement officer or a 
family or household member may file a petition under this chapter requesting that the 
court issue an extreme risk protection order.
2.  Jurisdiction.  Proceedings under this chapter must be filed, heard and determined 
in the District Court of the division in which either the petitioner or the respondent 
resides. If the petitioner is a law enforcement officer or law enforcement agency, the 
petition may be filed in any division in which the law enforcement officer or law 
enforcement agency has jurisdiction.
3.  Assistance.  The following assistance is available to the petitioner and respondent.
A.  The court shall provide separate forms and clerical assistance in completing and 
filing a petition or other necessary documents. The assistance may not include legal 
advice or assistance in drafting legal documents.
B.  If a judge is unavailable to review a petition under this chapter, the clerk of the 
court shall immediately notify the petitioner of other courts at which a judge or 
justice is available.
C.  The clerk of the court shall provide written resources from which the petitioner or 
respondent may receive legal or social service assistance.
4.  Forms.  The forms provided by the court must be uniform throughout the State 
and must include a summons and an affidavit for a temporary extreme risk protection 
order. The summons must include a section in which to list the places where the 
respondent may be located or available to be served.
5.  Fees.  A fee may not be charged for forms or for the filing of a petition under this 
chapter. A petitioner may apply for leave to proceed in forma pauperis.
6.  Notice.  Before the petitioner signs a petition, the court shall notify the petitioner, 
orally or in writing, that it is a crime to make a false statement under oath in a court 
document.
§412.  Procedure for issuance of temporary extreme risk protection orders
1.  Grounds.  Following review of a petition filed under this chapter, if the court 
finds probable cause to believe that the respondent poses an immediate and present 
danger of causing bodily injury to the respondent or others, the court shall issue a 
temporary extreme risk protection order.
2.  Testimony under oath or sworn affidavit.  The court, before issuing a temporary 
extreme risk protection order, shall examine under oath the petitioner and any witness the 
petitioner may produce after informing the petitioner and any witness that offering false 
testimony made under oath is perjury, as defined in Title 17-A, section 451, and is a Class 
C crime.  In lieu of examining the petitioner and any witness, the court may accept sworn 
affidavits of the petitioner and any witness.  An affidavit supporting a petition for the 
issuance of a temporary extreme risk protection order must set forth the facts tending to 
establish the grounds of the petition or the reason for believing that the grounds exist.  A 
false material statement under oath on an affidavit supporting issuance of an extreme risk 
protection order is perjury, as defined in Title 17-A, section 451, and is a Class C crime.
3.  Determination on same day.  If the court finds probable cause to believe that the 
respondent poses an immediate and present danger of causing bodily injury to the 
respondent or others, the court shall issue a temporary extreme risk protection order on 
the day that the petition is submitted to the court. If the court does not find probable cause 
to believe that the respondent poses an immediate and present danger of causing bodily 
injury to the respondent or others, the court may not issue a temporary extreme risk 
protection order and shall set a date for a hearing on the petition, pursuant to subchapter 
3, to determine whether an extended extreme risk protection order should be issued.
4.  Ex parte order.  The court may issue a temporary extreme risk protection order 
on an ex parte basis.
§413.  Contents of temporary extreme risk protection order
A temporary extreme risk protection order issued pursuant to this subchapter must 
include a notice informing the restrained individual:
1.  Prohibition regarding firearms.  That the restrained individual is prohibited 
from purchasing, possessing or controlling any firearm or attempting to purchase, possess 
or control any firearm;
2.  Surrender of firearms.  That the restrained individual is required to surrender all 
firearms the restrained individual owns, possesses or controls to a law enforcement 
agency or law enforcement officer;
3.  Hearing.  The time, date and location of the hearing, if any, pursuant to 
subchapter 3;
4.  Right to counsel.  The restrained individual's right to counsel, including the right 
for an indigent restrained individual to be appointed counsel;
5.  Right to review petition and findings.  The restrained individual's right to access 
and review the petition and findings of fact; and
6.  Duration.  The duration of the temporary extreme risk protection order.
§414.  Effect of temporary extreme risk protection order; surrender of firearm
1.  Effect.  A temporary extreme risk protection order prohibits and enjoins the 
restrained individual from purchasing, possessing or controlling or attempting to 
purchase, possess or control any firearm while the order is in effect. The temporary 
extreme risk protection order also must direct the restrained individual to surrender to a 
law enforcement agency or law enforcement officer all firearms the restrained individual 
owns, possesses or controls.
2.  Search warrant.  The court shall subsequently issue a search warrant authorizing 
a law enforcement officer to search for and seize any firearms if the court finds there is 
probable cause to believe the restrained individual owns, possesses or controls any 
firearms.  This subsection does not authorize a law enforcement officer to perform a 
warrantless search or seizure if a warrant would otherwise be required.
3.  Surrender of firearm.  Upon request of the law enforcement officer serving a 
temporary extreme risk protection order, a restrained individual subject to a temporary 
extreme risk protection order shall immediately surrender all firearms the restrained 
individual owns, possesses or controls in a safe manner to the control of the law 
enforcement officer.  Any firearm not surrendered to a law enforcement officer at the 
time of service of the temporary extreme risk protection order or removed pursuant to a 
search warrant must be surrendered to a law enforcement agency within 24 hours of 
service of a temporary extreme risk protection order.
§415.  Term of temporary extreme risk protection order
A temporary extreme risk protection order expires either 14 days from the date the 
order is issued or when a hearing is held pursuant to subchapter 3 to determine whether 
an extended extreme risk protection order should be issued, whichever occurs first.
§416.  Law enforcement officer responsibilities
Following the issuance of a temporary extreme risk protection order by a court 
pursuant to this subchapter, the court shall order a law enforcement officer to serve the 
temporary extreme risk protection order.  The law enforcement officer shall:
1.  Serve order.  Serve the temporary extreme risk protection order on the restrained 
individual as soon as practicable after issuance if the restrained individual can reasonably 
be located;
2.  File with court.  File with the court a copy of the temporary extreme risk 
protection order and an inventory of any firearms surrendered at the time of the service of 
the temporary extreme risk protection order, any firearms surrendered by the restrained 
individual following service of the temporary extreme risk protection order and any 
firearms seized during the execution of a search warrant issued pursuant to section 414, 
subsection 2 as soon as practicable after the surrender or seizure of the firearms; and
3.  Database.  Enter the record of the temporary extreme risk protection order into 
the database for protection orders maintained by the Department of Public Safety.
SUBCHAPTER 3
EXTENDED EXTREME RISK PROTECTION ORDERS
§421.  Procedure for issuance of extended extreme risk protection orders
1.  Time of hearing.  Within 14 days of the filing of a petition under section 411, the 
court shall hold a hearing to determine if an extended extreme risk protection order 
should be issued.
2.  Evidence; burden of proof.  In determining whether grounds for issuance of an 
extended extreme risk protection order exist, the court shall consider all relevant 
evidence.  At a hearing for an extended extreme risk protection order, a petitioner has the 
burden of proof.
3.  Right to counsel.  All parties have the right to be represented by counsel at the 
hearing.  If any party is indigent and requests counsel, the court shall appoint an attorney 
to represent that party.
4.  Standard of proof for issue of order.  At the conclusion of a hearing for an 
extended extreme risk protection order, if the court finds by clear and convincing 
evidence that the respondent poses a danger of causing bodily injury to the respondent or 
others, the court shall issue an extended extreme risk protection order.
§422.  Contents of extended extreme risk protection order
An extended extreme risk protection order issued pursuant to this subchapter must 
include a notice informing the restrained individual:
1.  Prohibition regarding firearms.  That the restrained individual is prohibited 
from purchasing, possessing or controlling any firearm or attempting to purchase, possess 
or control any firearm;
2.  Surrender of firearms.  That the restrained individual is required to surrender all 
firearms owned, possessed or controlled by that restrained individual to a law 
enforcement agency or law enforcement officer;
3.  Duration of order.  Of the duration of the extended extreme risk protection order;
4.  Right to motion for dissolution.  That the restrained individual has the right to 
file one motion for dissolution during the duration of the extended extreme risk protection 
order; and
5.  Right to counsel.  That the restrained individual has the right to counsel, 
including the right, if indigent, to be appointed counsel.
§423.  Effect of extended extreme risk protection order; surrender of firearms
1.  Effect.  An extended extreme risk protection order prohibits a restrained 
individual from purchasing, possessing or controlling or attempting to purchase, possess 
or control any firearm.
2.  Search warrant.  Following the issuance of an extended extreme risk protection 
order pursuant to this subchapter, the court shall issue a search warrant authorizing a law 
enforcement officer to search for and seize any firearms if the court finds there is 
probable cause to believe the restrained individual owns, possesses or controls any 
firearms.  This subsection does not authorize a law enforcement officer to perform a 
warrantless search or seizure if a warrant would otherwise be required.
3.  Surrender of firearm.  A restrained individual subject to an extended extreme 
risk protection order shall surrender all firearms that restrained individual owns, 
possesses or controls in a safe manner to the control of a law enforcement agency. A 
firearm not surrendered to a law enforcement officer at the time of service of the 
temporary extreme risk protection order pursuant to section 414 or removed pursuant to a 
search warrant must be surrendered to a law enforcement agency within 24 hours of 
issuance of an extended extreme risk protection order.
§424.  Term of extended orders and renewal
An extended extreme risk protection order expires one year from the date the order is 
issued. Within 45 days prior to the expiration of an extended extreme risk protection 
order, the petitioner may request that the court renew the order.  The petitioner has the 
burden of proving that the restrained individual continues to pose a danger of causing 
bodily injury to the restrained individual or others.  If, after a hearing, the court finds by 
clear and convincing evidence that the restrained individual continues to pose a danger of 
causing bodily injury to the restrained individual or others, then the court shall renew the 
extended extreme risk protection order for one year from the date the court orders the 
renewal.  Pursuant to subchapter 4, the restrained individual may file a motion requesting 
a hearing to dissolve the order once within the term of the extended extreme risk 
protection order.
§425.  Law enforcement officer responsibilities
Following the issuance of an extended extreme risk protection order by a court 
pursuant to this subchapter, the court shall order a law enforcement officer to serve the 
extended extreme risk protection order. The law enforcement officer shall:
1.  Serve order.  Serve the extended extreme risk protection order on the restrained 
individual as soon as practicable after issuance if the restrained individual can reasonably 
be located;
2.  File with court.  File with the court a copy of the extended extreme risk 
protection order and an inventory of any firearms surrendered at the time of the service of 
the extended extreme risk protection order, any firearms surrendered by the restrained 
individual following service of the extended extreme risk protection order and any 
firearms seized during the execution of a search warrant issued pursuant to section 423, 
subsection 2 as soon as practicable after the surrender or seizure of the firearms; and
3.  Database.  Enter the record of the extended extreme risk protection order into the 
database for protection orders maintained by the Department of Public Safety.
SUBCHAPTER 4
DISSOLUTION OF EXTREME RISK PROTECTION ORDERS; RETENTION 
AND RETURN OF FIREARMS; PENALTY
§431.  Dissolution of temporary and extended extreme risk protection orders
1.  Dissolution of temporary extreme risk protection order after hearing.  If the 
court finds after a full hearing that there is not clear and convincing evidence to support 
the issuance of an extended extreme risk protection order, the court shall dissolve any 
temporary extreme risk protection order in effect and may not issue an extended extreme 
risk protection order.  If a temporary extreme risk protection order is dissolved pursuant 
to this subsection, the court shall direct a law enforcement agency to ensure that the 
record of the order is removed from the database for protection orders maintained by the 
Department of Public Safety.
2.  Dissolution of extended extreme risk protection order after hearing.  A 
restrained individual may submit one written request for a hearing to dissolve an 
extended extreme risk protection order.  At a hearing for the dissolution of an extended 
extreme risk protection order, the restrained individual has the burden of proof. If the 
court finds after the hearing that the restrained individual has demonstrated by clear and 
convincing evidence that the restrained individual no longer poses a danger of causing 
bodily injury to the restrained individual or others, the court shall dissolve the extended 
extreme risk protection order.  If an extended extreme risk protection order is dissolved 
pursuant to this subsection, the court shall direct a law enforcement agency to enter the 
fact that the order was dissolved into the database for protection orders maintained by the 
Department of Public Safety.
§432.  Retention and return of firearms
1.  Firearms retained by law enforcement agency.  A law enforcement agency 
shall retain any firearm surrendered to or seized by a law enforcement officer or law 
enforcement agency pursuant to this chapter for as long as an extreme risk protection 
order remains in effect, in accordance with this section.
2.  Return of firearms.  If an extreme risk protection order is dissolved or expires 
and is not renewed, the law enforcement agency shall return any firearm surrendered by 
or seized from a restrained individual to the restrained individual. If a family or 
household member of the restrained individual petitioned for the expired or dissolved 
extreme risk protection order, the law enforcement agency must provide prior notice of 
the return of any firearms to that family or household member.
If a formerly restrained individual does not wish to reclaim any firearm previously 
surrendered or is otherwise prohibited under state or federal law from possessing 
firearms, the formerly restrained individual may request that the law enforcement agency 
transfer title of the firearm to a licensed dealer. The law enforcement agency may transfer 
the firearm to the dealer only after the dealer gives the agency written proof of the 
proposed sale or transfer.
If a seized or surrendered firearm remains unclaimed 6 months after the expiration or 
dissolution of an extreme risk protection order, the law enforcement agency may dispose 
of the unclaimed firearm in accordance with Title 25, section 3503-A.
3.  Law enforcement agency duties; liability.  The duties and liability of a law 
enforcement agency with respect to the safe handling and storage of firearms surrendered 
or seized pursuant to this chapter are governed by Title 25, section 2804-C, subsection 
2-C.
4.  Return to another claimant.  If a person other than a restrained individual claims 
title to a firearm surrendered or seized pursuant to this chapter and the person is 
determined by the law enforcement agency that has custody of the firearm to be the 
lawful owner of the firearm, the law enforcement agency shall return the firearm to that 
person only after determining, through a background check, that that person is not 
prohibited from possessing firearms under state or federal law.  A person seeking the 
return of a firearm under this subsection shall attest in writing that a firearm returned to 
that person will be securely stored in a manner that ensures that the firearm cannot be 
accessed by the restrained individual.
§433.  Offense
Possession of a firearm by a restrained individual is a Class D crime when the 
restrained individual has prior actual notice, which may be notice by means other than 
service in hand, of the existence of an extreme risk protection order issued against that 
restrained individual.
Sec. 2.  25 MRSA §2804-C, sub-§2-C, as amended by PL 2013, c. 147, §30, is 
further amended to read:
2-C.  Receipt of firearms; training; procedure; liability.  The Maine Criminal 
Justice Academy shall provide training for municipal, county and state law enforcement 
officers regarding the proper handling, storage, safekeeping and return of firearms and 
firearm accessories received pursuant to a court order under Title 15, chapter 16, Title 
19-A, section 4006, subsection 2-A or Title 19-A, section 4007, subsection 1, paragraph 
A-1.  Such training must include education concerning the prohibitions on the purchase or 
possession of a firearm when a protection order has been obtained and communication 
with parties to protection orders concerning such prohibitions.
In developing materials for training in domestic violence issues, the Maine Criminal 
Justice Academy may consult with a statewide organization involved in advocacy for 
victims of domestic violence and with an organization having statewide membership 
representing the interests of firearms owners.
A law enforcement officer who receives custody of a firearm pursuant to Title 15, chapter 
16, Title 19-A, section 4006, subsection 2-A or Title 19-A, section 4007, subsection 1, 
paragraph A-1 shall exercise reasonable care to avoid loss, damage or reduction in value 
of the firearm and may not permanently mark the firearm or fire the firearm unless there 
is reasonable suspicion that the firearm has been used in the commission of a crime.  Any 
liability for damage or reduction in value to such a firearm is governed by Title 14, 
chapter 741.
SUMMARY
This bill creates an extreme risk protection order to authorize a court to order a 
person to surrender that person's firearms temporarily for 14 days or on an extended basis 
for 365 days when it has been proved that the person poses a danger of causing personal 
injury to that person or another person. The bill provides that:
1.  A law enforcement officer, a law enforcement agency or a family or household 
member may file a petition for a temporary extreme risk protection order, which may be 
granted if the court finds probable cause exists to issue the order.  The temporary extreme 
risk protection order expires in 14 days or when a hearing to determine whether to issue 
an extended extreme risk protection order is held, whichever occurs sooner. A temporary 
extreme risk protection order may be issued on an ex parte basis;
2.  Whether or not the court issues a temporary extreme risk protection order, the 
court is required to hold a hearing within 14 days to determine whether the person poses a 
danger of causing personal injury to that person or another person. If the court, based on 
clear and convincing evidence, finds that an extended extreme risk protection order 
should be issued, the extended extreme risk protection order must be issued, and it 
expires 365 days after the issuance of the order unless extended after another hearing;
3.  Following the issuance of a temporary or extended extreme risk protection order, 
the court is required to order law enforcement to serve the order and is required to issue a 
search warrant if the court finds probable cause that the person who is the subject of the 
order is in possession of a firearm;
4.  A person who is the subject of a temporary or extended extreme risk protection 
order is required to surrender all firearms in the person's possession to a law enforcement 
officer or law enforcement agency. The firearms must be returned to the person at the 
expiration of the extreme risk protection order unless an extended extreme risk protection 
order is issued; 
5.  A person against whom an extended extreme risk protection order is issued may 
request that the order be dissolved and be granted a hearing once during the term of the 
extended extreme risk protection order; and
6.  A person who possesses firearms in violation of an extreme risk protection order 
commits a Class D crime.