An Act to Restore Firearm Rights and Hunting Privileges to Persons Previously Convicted of Certain Nonviolent Felony Crimes
Maine Legislature, Session 131, LD 1561
Committee: Criminal Justice and Public Safety
Sponsors: PERKINS, HICKMAN, ANDREWS, ARDELL, BOYER, FAULKINGHAM, HYMES, SOBOLESKI, WHITE, HARRINGTON
Amends: 12 MRSA §11103, 15 MRSA §393, 15 MRSA §394

Legislative Document
No. 1561
H.P. 1006
House of Representatives, April 11, 2023
An Act to Restore Firearm Rights and Hunting Privileges to Persons 
Previously Convicted of Certain Nonviolent Felony Crimes
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative PERKINS of Dover-Foxcroft.
Cosponsored by Senator HICKMAN of Kennebec and
Representatives: ANDREWS of Paris, ARDELL of Monticello, BOYER of Poland, 
FAULKINGHAM of Winter Harbor, HYMES of Waldo, SOBOLESKI of Phillips, WHITE of 
Guilford, Senator: HARRINGTON of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §11103, as amended by PL 2021, c. 54, §6, is further amended to 
read:
§11103.   Prohibition for convicted felons, domestic violence offenders and certain 
nonviolent juvenile offenders
A person who is prohibited from possessing a firearm under Title 15, section 393, 
subsection 1, 1‑A or 1‑B is ineligible to obtain or possess any license or permit issued by 
the department that authorizes a person to hunt with a firearm unless that person possesses 
a valid permit in accordance with Title 15, section 393, subsection 2 or has had their civil 
rights relating to firearm possession restored under Title 15, section 394.
Sec. 2.  15 MRSA §393, sub-§1, as amended by PL 2021, c. 608, Pt. B, §§1 to 5, is 
further amended to read:
1.  Possession prohibited.  A Except as provided in section 394, 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 another jurisdiction 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 jurisdiction 
that is classified by the laws of that jurisdiction as a misdemeanor and is punishable 
by a term of imprisonment of 2 years or less;
(4)  A crime under the laws of another jurisdiction 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 of one year or more; or
(5)  A crime under the laws of this State or another jurisdiction 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 another jurisdiction 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 this State or another jurisdiction 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;
E-1.  Is currently a restricted person under Title 34‑B, section 3862‑A, subsection 2 or 
subsection 6, paragraph D except that the prohibition applies to possession and control, 
and not ownership. Violation of this paragraph is a Class D crime;
E-2.  Has been 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 a 
dangerous weapon pursuant to Title 34‑B, section 3873‑A, subsection 7‑A for the 
duration of the treatment program, except that the prohibition applies to possession and 
control, and not ownership.  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.
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.
Sec. 3.  15 MRSA §394 is enacted to read:
§394.  Restoration of civil rights relating to firearm possession
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Another jurisdiction" has the same meaning as in Title 17-A, section 2, subsection 
3-B.
B. "Department" means the Department of Public Safety. 
C. "Felony crime" means:
(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 another jurisdiction that, in accordance with the laws 
of that jurisdiction, is punishable by a term of imprisonment exceeding one year, 
not including a crime under the laws of another jurisdiction that is classified by the 
laws of that jurisdiction as a misdemeanor and is punishable by a term of 
imprisonment of 2 years or less; or
(4) A crime under the laws of another jurisdiction 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 of one year or more. 
D. "Final discharge" means the completion by a person of all authorized sentences 
imposed as a result of a criminal conviction, including, but not limited to, a sentence 
of imprisonment, a period of administrative release, a period of supervised release, a 
period of probation, community service and the full payment of any fine or restitution.
E. "Firearm" has the same meaning as in Title 17-A, section 2, subsection 12-A.  
2. Eligibility for restoration of civil rights. Except as provided in subsection 5, a 
person prohibited pursuant to the federal Gun Control Act of 1968, 18 United States Code, 
Section 922(g)(1) or section 393, subsection 1, paragraph A-1 or C from owning, 
possessing or having under the person's control a firearm as the result of a criminal 
conviction or adjudication by a court in this State, 10 years after the date of final discharge 
from any sentence imposed as a result of the conviction or adjudication, becomes eligible 
to apply for a restoration of the person's civil rights in accordance with subsection 3. To be 
eligible for a restoration of civil rights under subsection 3, a person must satisfy the 
following conditions:
A. The person has not been convicted or adjudicated of a felony crime in this State or 
in another jurisdiction prior to or concurrently with the underlying conviction or 
adjudication;
B. The person has not been convicted or adjudicated of any crime in this State or in 
another jurisdiction for a period of 10 years since the date of final discharge from any 
sentence imposed as a result of the underlying conviction or adjudication and is not 
subject to any adjudication for committing a crime in this State or in another 
jurisdiction; and 
C. The underlying criminal conviction or adjudication is for a Class B or Class C crime, 
except that if the underlying conviction or adjudication is for any of the following Class 
B or Class C crimes, the person is not eligible to apply under subsection 3: 
(1) Any Class B or Class C crime in violation of Title 17-A, chapter 9, 11, 12, 13, 
or 45;
(2) Robbery in violation of Title 17-A, section 651;
(3) Assault on an officer in violation of Title 17-A, section 752-A; 
(4) Assault on an emergency medical care provider in violation of Title 17-A, 
section 752-C;
(5) Assault on a firefighter in violation of Title 17-A, section 752-E;
(6) Aggravated sex trafficking in violation of Title 17-A, section 852; or
(7) Sex trafficking in violation of Title 17-A, section 853. 
3. Application for restoration of civil rights. A person meeting the eligibility 
requirements of subsection 2 may submit a request to the department to have restored the 
person's right to own, possess and have under the person's control a firearm. Upon receipt 
of a request, the department shall conduct a review of the person's criminal history to ensure 
the person is eligible under subsection 2. Upon a determination that the person is eligible, 
the department shall notify the court having jurisdiction over the crime on which the 
person's firearm prohibition is based, and that court shall issue an order restoring the 
person's right to own, possess and have under the person's control a firearm.
4. Effect of restoration. Except as provided in subsection 5, if a court issues an order 
restoring the civil rights of a person pursuant to subsection 3, that person is no longer 
prohibited from owning, possessing or having under that person's control a firearm under 
section 393, subsection 1, paragraph A-1 or C. Restoration of civil rights under this section 
is within the meaning of civil rights restored under the federal Firearms Owners' Protection 
Act, 18 United States Code, Section 921(a)(20).
5. Subsequent conviction. If a person who has had the person's civil rights restored 
under this section is subsequently convicted of any felony crime in this State or in another 
jurisdiction, the person's right to own, possess and have under that person's control a 
firearm is revoked, the person is ineligible from qualifying for a restoration of civil rights 
under this section and the court that issued the order restoring the person's rights under 
subsection 3 shall revoke the order.
SUMMARY
Currently, persons who have been convicted of committing or found not criminally 
responsible by reason of insanity of committing a crime in this State, a crime under the 
laws of the United States and certain crimes in other jurisdictions that are punishable by a 
term of imprisonment of one year or more are prohibited from owning, possessing or 
having under their control a firearm. This bill restores the right for some of these convicted 
persons to own, possess and have a firearm under their control, setting certain eligibility 
requirements a person must meet to have their civil rights relating to firearms restored, 
including a requirement that 10 years have passed since the completion of any sentence 
imposed on them. Eligibility for restoration of firearm rights is excluded for certain 
enumerated categories of crimes, including murder; any Class A crime; any Class B or C 
crime in violation of the Maine Revised Statutes, Title 17-A, chapter 9, 11, 12, 13, 33 or 
45; robbery; assault on an officer; assault on an emergency medical care provider; assault 
on a firefighter; aggravated sex trafficking; and sex trafficking. 
The bill also outlines the procedure for applying for a restoration of civil rights. A 
person meeting the eligibility requirements may submit a request to the Department of 
Public Safety to have that person's firearm rights restored. Upon receipt of a request, the 
department must conduct a review of the person's criminal history to ensure the person is 
eligible. Upon a determination that the person is eligible, the department must notify the 
court having jurisdiction over the crime for which the person's firearm prohibition is based, 
and that court must issue an order restoring the person's rights.
The bill also stipulates that, in the event a person who has had the person's civil rights 
restored is subsequently convicted of any felony crime, defined as a crime punishable by a 
sentence of imprisonment of one year or more in Maine or any other jurisdiction, that 
person's restored rights are revoked and the person is ineligible from qualifying for a 
restoration of that person's rights in the future. In this occurrence, the court that issued the 
order restoring the person's civil rights to own, possess and have under the person's control 
a firearm must revoke that order.