An Act To Restrict Access to Weapons Pursuant to Court Order in Cases of Harassment
Maine Legislature, Session 130, LD 1068
Committee Amendment CA_A_S515 (Senate)
Amends: 5 MRSA §4655, 25 MRSA §2804-C

COMMITTEE AMENDMENT" A "to S.P. 336, L.D. 1068, "An Act To Restrict 
Access to Weapons Pursuant to Court Order in Cases of Harassment" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 5 MRSA §4655, sub-§1, ,rA-1 is enacted to read: 
A-1. Directing the defendant not to possess a firearm, muzzle-loading firearm, bow, 
crossbow or other dangerous weapon for a specified period of time not to exceed the 
duration of the order. 
• 
If the court prohibits the defendant from possessing a dangerous weapon other than a 
firearm, muzzle-loading firearm, bow or crossbow, the court shall specify the type of 
weapon the defendant is prohibited from possessing; 
Sec. 2. 5 MRSA §4655, sub-§1-B is enacted to read: 
1-B. 
No possession of firearm, muzzle-loading firearm, bow, crossbow or 
dangerous weapons for specified period. If the court prohibits the defendant from 
possessing a firearm, muzzle-loading firearm, bow, crossbow or other dangerous weapon 
pursuant to an order under subsection 1, paragraph A-1, the court shall direct the defendant 
to relinquish, within 24 hours after service of the order on the defendant or such earlier 
time as the court specifies in the order, all firearms, muzzle-loading firearms, bows, 
crossbows and specified dangerous weapons in the possession of the defendant to a law 
enforcement officer or other individual for a specified period of time not to exceed the 
duration of the order. If the weapons are relinquished to an individual other than a law 
enforcement officer, the defendant shall file, within 24 hours 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 court may subsequently issue a search warrant 
authorizing a law enforcement officer to seize any firearms, muzzle-loading firearms, 
bows, crossbows and other dangerous weapons at any location ifthere is probable cause to 
believe such firearms, muzzle-loading firearms, bows, crossbows or dangerous weapons 
COMMITTEE.AMENDMENT 
·\' 
COMMITTEE AMENDMENT" A "to S.P. 336, L.D. 1068 ( s-c; /;) 
have not been relinquished by the defendant. If the court or the local law enforcement 
officer determines that it is necessary, the Department of Public Safety shall, at the request 
of the court or the local law enforcement officer, store relinquished or seized weapons for 
the period of time specified in the order. 
Sec. 3. 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 5, section 4655, 
subsection 1-B, 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 court order has 
been obtained and communication with parties to protection court 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 5, section 
4655, subsection 1-B, 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. 
Sec. 4. Appropriations and allocations. The following appropriations and 
allocations are made. 
JUDICIAL DEPARTMENT 
Courts - Supreme, Superior and District 0063 
Initiative: Provides one-time funding to update and implement technology changes. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2021-22 
$0 
$0 
2022-23 
$117,400 
$117,400 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
The bill allows a court in a protection from harassment order to direct a defendant not 
to possess a firearm, muzzle-loading firearm, bow, crossbow or other dangerous weapon 
for the duration of the order. This amendment provides that the court may specify in the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 336, L.D. 1068 (s -SJ SJ 
order a shorter time period during which the defendant may not possess a dangerous 
weapon. This amendment also provides that the Department of Public Safety must, if 
requested by the court or a local law enforcement officer, take responsibility for the storage 
of the dangerous weapons. 
The amendment also amends the law enforcement training core curriculum 
requirements concerning receipt and storage of firearms to include firearms received under 
a protection from harassment order. 
The amendment adds an appropriations and 
allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/19/22 :::tPae!. 
LD 1068 
LR 1547(03) 
An Act To Restrict Access to Weapons Pursuant to Court Order in Cases of Harassment 
Fiscal Note for Bill as Amended by Committee Amendment ';4" (s,51~) 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2021-22 
FY 2022-23 
Projections 
FY2023-24 
Projections 
FY2024-25 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Fiscal Detail and Notes 
$0 
$0 
$117,400 
$0 
$117,400 
$0 
$0 
The bill includes a one-time General Fund appropriation of $117,400 in fiscal year 2022-23 to the Judicial Department 
for anticipated technology costs associated with implementing the bill. 
Additional costs to the Department of Public Safety associated with this legislation can be absorbed within existing 
budgeted resources. 
LR1547(03) - Fiscal Note - Page 1 of 1