An Act Regarding Access to Firearms by Extremely Dangerous and Suicidal Individuals
Maine Legislature, Session 129, LD 1312
Committee Amendment CA_A_S285 (Senate)

COMMITTEE AMENDMENT "I~ " to S.P. 408, L.D. 1312, Bill, "An Act 
Regarding Access to Firearms by Extremely Dangerous and Suicidal Individuals" 
Amend the bill in section 1 in §412 by inserting after subsection 2 the following: 
'3. Factors. In determining whether grounds for an extreme risk protection order 
exist, the court may consider any or all of the following, without limitation: 
A. 
A recent act or threat of violence by the respondent against self or others, 
regardless of whether the act or threat of violence involves a firearm; 
B. A pattern of acts or threats of violence by the respondent within the past 12 
months, including, but not limited to, acts or threats of violence against self or others, 
regardless of whether the acts or threats of violence involve a firearm; 
C. The respondent's mental health history; 
D. Evidence of the respondent's abuse of controlled substances or alcohol; 
E. Previous violations by the respondent of any court order, including, but not 
limited to, protection orders issued under: 
(1) Title 5, chapter 337-A; 
(2) Chapter 12-A; and 
(3) Title 19-A, chapter 101; 
F. Previous extreme risk protection orders issued against the respondent; 
G. The unlawful, threatening or reckless use or brandishing of a firearm by the 
respondent, including, but not limited to, such acts taken or displayed through social 
media; 
H. The respondent's ownership of, access to or intent to possess firearms; 
I. 
The respondent's criminal history, including, but not limited to, arrests and 
convictions for murder, Class A crimes, Class B crimes, Class C crimes, domestic 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 408, L.D. 1312 ( ";' , " .)\S 
violence assault, domestic violence criminal threatening, domestic violence 
terrorizing, domestic violence stalking or domestic violence reckless conduct; 
J. 
The history, use, attempted use or threatened use of physical violence by the 
respondent against another person, the respondent's history of stalking another person 
or evidence of cruelty to animals by the respondent, including, but not limited to, 
evidence of violations or convictions pursuant to the provisions of Title 17, chapter 
42; and 
K. 
Evidence of recent acquisition or attempts at acquisition of firearms by the 
respondent. 
Amend the bill in section 1 in §412 by renumbering the subsections to read 
consecutively. 
Amend the bill in section 1 in §413 in subsection 3 in the first line (page 3, line 32 in 
L.D.) by striking out the following: 
11The time
and inserting the following: 'Of the time' 
Amend the bill in section I in §413 in subsection 4 in the first line (page 3, line 34 in 
L.D.) by striking out the following: 
11The restrained
and inserting the following: 'Of the 
restrained' 
Amend the bill in section 1 in §413 by striking out all of subsections 5 and 6 (page 3, 
lines 36 to 38 in L.D.) and inserting the following: 
15. Right to review petition and findings. Of the restrained individual's right to 
access and review the petition and fmdings of fact; 
6. Duration. Of the duration of the temporary extreme risk protection order; and 
7. Treatment resources. Of treatment resources that the restrained individual may 
access.' 
Amend the bill in section 1 in §414 by striking out all of subsection 2 (page 4, lines 8 
to 12 in L.D.) and inserting the following: 
12. Search warrant. Following the issuance of an extreme risk protection order, the 
court may issue a search warrant authorizing a law enforcement officer to search for and 
seize any firearms in the restrained individual's possession or control. If the court finds 
that probable cause to believe the restrained individual owns. possesses or controls any 
firearms exists, the court shall issue a warrant describing the firearms in the restrained 
individual's possession or control and authorizing a search of the location where the 
described firearms are reasonably believed to be found and the seizure of any firearms in 
the restrained individual's possession or control discovered pursuant to the search. This 
subsection does not authorize a law enforcement officer to perform a warrantless search 
or seizure if a warrant would otherwise be required.' 
Amend the bill in section 1 in §422 by striking out all of subsections 4 and 5 (page 5, 
lines 28 to 32 in L.D.) and inserting the following: 
14. Right to motion for dissolution. That the restrained individual has the right to 
9 
file one motion for dissolution during the duration of the extended extreme risk protection 
order; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" /~" to S.P. 408, L.D. 1312 { ~, :} '6':;:::J 
5. 
Right to counsel. 
That the restrained individual has the right to counsel, 
including the right, if indigent, to be appointed counsel; and 
6. Treatment resources. Of treatment resources that the restrained individual may 
access.' 
Amend the bill in section 1 in §432 in subsection 1 in the last line (page 7, line 28 in 
L.D.) by inserting at the end the following: 'The law enforcement agency that initially 
seizes or receives firearms as the result of an extreme risk protection order may make 
arrangements for transfer and storage of those firearms with another law enforcement 
agency or federally licensed firearms dealer.' 
Amend the bill by inserting after section 2 the following: 
'Sec. 3. Appropriations and allocations. The following appropriations and 
allocations are made. 
PUBLIC SAFETY, DEPARTMENT OF 
State Police 0291 
Initiative: Provides one-time funding for computer programming to update the protection 
order database. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
IDGHWAYFUND 
All Other 
HIGHWAY FUND TOTAL 
SUMMARY 
2019-20 
$39,000 
$39,000 
2019-20 
$21,372 
$21,372 
2020-21 
$0 
$0 
2020-21 
$0 
$0 
This amendment lists factors that a court may consider when determining whether the 
grounds for an extreme risk protection order exist. The list of factors is based on current 
Rhode Island statute. The comt is not precluded from considering other criteria. 
This amendment revises the search warrant procedures in the bill to clarify that the 
court has discretion to issue a search warrant after an extreme risk protection order has 
been issued. If the court finds there is probable cause to believe the restrained individual 
owns, possesses or controls any firearms, the court is required to issue a warrant that 
describes the firearms and authorizes a search of the location where the described 
firearms are reasonably believed to be found and the seizure of any firearms in the 
possession or control of the restrained individual that are discovered pursuant to the 
7 
search. The search warrant process for extreme risk protection orders described in this 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" /r" to S.P. 408, L.D. 1312 ( . - .;f \')'':)'.',\ 
legislation is not intended to alter or supersede existing provisions governing search 
warrants, including exceptions for when a search warrant is not required. 
This amendment requires the court, when issuing either a temporary extreme risk 
protection order or an extended extreme risk protection order, to inform the individual 
subject to the order of treatment resources that the individual may access. 
This amendment authorizes the law enforcement agency that initially seized or 
received firearms as the result of an extreme risk protection order to make arrangements 
for transfer and storage of those firearms with another law enforcement agency or with a 
federally licensed firearms dealer. 
This amendment adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/09/19 feac.. 
LD 1312 
LR 147(02) 
An Act Regarding Access to Firearms by Extremely Dangerous and Suicidal Individuals 
Fiscal Note for Bill as Amended by Committee Amendment "{i-' l S ·3-65) 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2019-20 
FY 2020-21 
Projections 
FY 2021-22 
Projections 
FY 2022-23 
Net Cost (Savings) 
General Fund 
Highway Fund 
Appropriations/ Allocations 
General Fund 
Highway Fund 
Correctional and Judicial Impact Statements 
$39,000 
$21,372 
$39,000 
$21,372 
This bill may increase the number of civil suits filed in the court system. 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
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 filing fees may increase General Fund and other dedicated revenue by minor amounts. 
Fiscal Detail and Notes 
The bill creates an extreme risk protection order process and includes a one-time General Fund appropriation of 
$39,000 and a one-time Highway Fund allocation of $21,372 in fiscal year 2019-20 to the Department of Public 
Safety for computer programming to update the protection order database. 
LR0147(02) - Fiscal Note - Page 1 of 1