An Act to Restore Full
Maine Legislature, Session 132, LD 1009
Committee Amendment CA_A_H1031 (House)
Amends: 15 MRSA §396

COMMITTEE AMENDMENT " f^ to H.P. 656, L.D. 1009, "An Act to Restore Full
Civil Rights to Possess Firearms to Persons Previously Convicted of Certain Nonviolent
Felony Crimes"
Amend the bill by steiking out the title and substituting the following:
'An Act to Restore Full Civil Rights to Possess Firearms to Persons Previously
Convicted of Certain Nonviolent Felonies
Amend the bill by striking out all of section 3 and inserting the following:
'See. 3. 15 MRSA §396 is enacted to read:
§396. Restoration of civil rights relating to firearm possession
1. Definitions. As used m this section, unless the context otherwise indicates, the
fQllowiag terms have the followine meanines.
A. "Another jurisdiction" has the same meanmp as in Title 17-A. section 2. subsection
3-B.
B^IDeBartment" means the Department of Public Safety.
C. "Felonv" means:
0) A crune in this State that is punishable by imorisonment for a term of one year
or more:
(2} A crime under the laws of the United States that is punishable by^ term of
imprisonment exceeding one vear;
f3) A crime under the laws of another iurisdiction that. in accordance with the laws
of that jurisdiction, is punishable by a term of imprisonment exceeding one year,
not includine a crime under the laws of another iurisdiction thatis classified bv the
laws of that jurisdiction as a misdemeanor and is punishable by a term of
imprisonment of 2 years or less: or
COMMITTEE AMENDMENT
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COMMnTEE AMENDMENT " A" " to H.P. 656, L.D. 1009
(4) A crime under the laws of another jurisdiction that. in accordance with the laws
of that iurisdiction, does not come within suboaragraph f3) W^^^ elementallv
substantially similar to a crime in fhis State that is mmishable by a term of
imorisomnent of one vear or more.
D, "Final discharRe" means the comoletion by a person of all authorized sentences
inmosed as a result of a criminal conviction, includine. but not limited to. a sentence
of imurisonment. a tieriod of administrative release, a oeriod of supervised release, a
period offfiQbation.commumtyservic^^ the full pavment of anvfme or restitution,
E. "Firearm" has the same meanine as in Title 17-A. section 2. subsection 12-A.
2. Eligibility for restoration of civil riehts. Except as provided in subsection 5. a
person prohibited pursuant to section 393. subsection 1. oaraeraph A-l or C or the federal
Gun Control Act of 1968. 18 United States Code. Section 922re)('n from ownine.
oossessme or havine under the uersons control a firearm as the result of a criminal
conviction or adiudication by a coi.irt in this State becomes eligible 10 years after the date
of final discharee from any sentence imposed as a result of the conviction or adiudication
to apply for a restoration of the person's civil riehts in accordance with subsection 3. To
be eligible for a restoration of civil rights under subsection 3, a person must satisfy the
followmg conditions:
A. The person has not been convicted or adjudicated of a felony prior to or
concurrently with the underlying conviction or adiudication;
B. The person has not been convicted or adiudicated of any crune in this State or in
another jurisdiction for a period of 10 years since the date of final discharee from any
sentence imposed as a result of the underlying conviction or adiudication. is not
currently under indictment for a felony and is not subject to any adiudication for
committine a crime in this State or in another jurisdiction:
C. The underlvme criminal conviction or adiudication is for a Class B or Class C
crime, except that if the underlvine conviction or adiudication is for any of the
followine. the person is not eligible to apply under subsection 3:
(1') Any Class B or Class C crime under Title 17-A. chapter 9.11. 12 or 13:
(2~) Robbery under Title 17-A. section 651:
f3)Assault on an officer under Title 17-A. section 752-A;
(4} Assault on an emereencv medical services person under Title 17-A. section
752-C:
f5) Assault on a firefiehter under Title 17-A. section 752-E:
5 (6) Arson under Title 17-A. section 802:
(7) Causine a catastrophe under Title 17-A. section 803-A;
(S) Aeeravated sex traffickine under Title 17-A. section 852:
8 (9) Sex traffickine under Title 17-A. section 853:
CIO') Commercial sexual exploitation of a minor or person with a mental disability
under Title 17-A. section 855;
d llCrjminal use of exolosives under Title 17-A. section 100U
COMMITTEE AMENDMENT
COMMnTEE AMENDMENT "/-V " to H.P. 656, L.D. 1009
(12) A violation of Title 17-A. chapter 45 except:
ja) Unlawful possession of scheduled drugs under Title 1 7-A. section 1107-A;
(V) Use of drue paraphemalia under Title 17-A. section 1111 -A: and
(c) Cultivating marijuana under Title 17-A. section 11 17:
(13') Any offense in Title 17-A that includes the possession or use of a firearm or
other deadly weapon as an essential or nonessential element of the offense or in
which the person was in possession of a firearm or other deadly weapon at the time
of the commission of the offense; or
(14) Any offense for which the uerson is under mdictment for a felonv or a finduig
of probable cause exists agamst the person for a felonY and one of the alleged facts
is that the person was armed with or used a firearm or other deadly weapon:
D. The person is a resident of this State and has been a resident of the State for at least
one year immediately preceding the filing of the petition under subsection 3;
E. The person has only one felony conviction and that conviction is for a crime not
listed in paraeraoh C. For purposes of this paragraph, multiple convictions arising out
of the same event and consolidated for sentencing count as one conviction only;
F. The oerson is not otherwise urohibited fi'om uossessine a firearm under section 393 .
subsection 1: and
G. The person consents to a criminal background check. The person must consent to
having fmRerprints taken for use in backeround invesdeations in accordance with this
oaraeraph. The State Police shall take or cause to be taken the person's fineeronnts
and shall forward the fineerDrints to the Department of Public Safety. Bureau of State
Police. State Bureau of Identification so that the State Bureau of Identification can
conduct state and national criminal history record checks for the bureau. The State
Police may charge the department for the expenses me in orocessme state and
national criminal history record checks. The full fee charged under this paragraph must
be deposited in a dedicated revenue account for the State Bureau of Identification wifh
the purpose of paving costs associated with the maintenance and replacement of the
criminal history record systems.
A person who was convicted m another iurisdiction may petition the District Court m the
district where the person resides to restore the person's firearms rights pursuant to this
section onlv if the oerson's civil riehts. mcludine the rieht to oossess a firearm, have been
restored pursuant to the law of the jurisdiction where the conviction occurred.
3. Application for restoration of civil rights. The followme provisions eovem an
aoplication for restoration of civil rights.
A. A person meeting the eligibility requirements of subsection 2 may petition the
District Court in the district where the person resides to restore the person's rieht to
8 own. possess or have under that person's control a firearm pursuant to this section. The
court may restore a petitioner's firearms rights after a hearing in court if the court
determines that the petitioner meets the criteria set out in this section, and is not
otherwise disqualified to have fhat rieht restored.
COMMITTEE AMENDMENT
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COMMHTEE AMENDMENT "f\ " to H.P. 656, L.D. 1009
B, The clerk of the court shall provide notice of the hearinp to_fhedistrict attomev in
the district in which fhe oetition is filed at least 4 weeks before the hearing on the
matter. The petitioner bears fhe burden of establishing by a_E)repQnderaBce of the
evidence that the petitioner is qualified to receive the restoration under subsection 2.
C. If fhe court denies the petition, fhe person may aeain _Betition the court for
restoration of that oerson s firearms rishts in accordance with this section one vear from
the date of the denial of the oriemal petition.
D. If the court grants the netition to restore the petitioner's firearms nglits. fhe^clerk of
the court shall forward within 10 days of the entev of fhe order a certified copy of the
order to the sheriff of the county in which the petitioner resides, to the department and
to the Federal Bureau oflavestieation. National Instant Criminal Background Check
System.
E. A restoration of firearms rights under this section does not result in the sealine of
any criminal history record information and does not constitute a pardon.
P. A person who files a petition for restoration of firearms riehts under this section
shall pay the clerk of the court a fee of $200 at the time the oetition is filed.
4. Effect of restoration. Except as provided in subsection 5. if a court issues an order
restoring the civil riehts of a person oursuant to subsection 3. that oerson is no loneer
prohibited from ownme. Dossessine or havine under that person's control a fireami under
section 393. subsection 1 , oaragraph A-1 or C. Restoration of civil rjfihts under this section
is within the meanina of civil rights restored under fhe federal Firearms Owners' Protection
Act. 1 SUnited States Code, Section 921 (&}(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 in this State or in another
iurisdictioti. the oersons right to own. oossess and have under that nerson's confa'ol a
firearm is automatically revoked and the person is ineligible from auaUfyme for a
restoration of civil rights under this section.
6. Penalty. A person who knowingly submits false information -under this section is
euiltv ofunswom falsification under Title 17-A. section 453. A uerson who is convicted
of an offense under this subsection is uermanentlv orohibited from oetitioniae to restore
that tierson s firearms rights under this section,
Sec. 4. Appropriations and allocations. The followmg appropriations and
allocations are made.
JUDICIAL DEPARTMENT
Courts - Supreme, Superior and District 0063
Initiative: Establishes one Judge position, one Deputy Marshal position and one Assistant
Clerk position and provides funding for related All Other costs.
GENERAL FUND
POSITIONS - LEGISLATD/E COUNT
Personal Services
All Other
GENERAL FUND TOTAL $0 $486,956
Page4-132LR1532(02)
COMMITTEE AMENDMENT
2025-26
0.000
$0
$0
2026-27
3.000
$448,476
$38,480
A'
COMMFTTEE AMENDMENT "A " to H.P. 656, L.D. 1009
Courts - Supreme, Superior and District 0063
Initiative: Provides one-time funding for programming costs associated with the transfer of
electronic information to the Department of Public Safety.
GENERAL FUTND 2025-26 2026-27
All Other $0 $50,000
GENERAL FUND TOTAL $0 $50,000
JUDICIAL DEPARTMENT
DEPARTMENT TOTALS 2025-26 2026-27
1112 GENERAL FUND $0 $536,956
DEPARTMENT TOTAL - ALL FUNDS $0 $536,956
PUBLIC SAFETY, DEPARTMENT OF
State Police 0291
Initiative: Provides one-time fmdmg for computer programming costs to accept and
process applications for restoration of a person's civil rights.
GENERAL FUND 2025-26 2026-27
All Other $0 $130,000
GENERAL FUND TOTAL $0 $130,000
HIGHWAY FUND 2025-26 2026-27
All Other $0 $70,000
HIGHWAY FUND TOTAL $0 $70,000
State Police 0291
Initiative: Provides funding for one State Bureau of Investigation Specialist and related AU
Other costs to administer a process for persons to apply for a restoration of civil rights.
GENERAL FUND 2025-26 2026-27
POSITIONS - LEGISLATFVE COUNT 0.000 1.000
Personal Services $0 $58,926
All Other $0 $4,407
GENERAL FUND TOTAL $0 $63,333
HIGHWAY FUND 2025-26 2026-27
Personal Services $0 $31,729
AllOfher $0 $2,373
HIGHWAY FUND TOTAL $0 $34,102
COMMITTEE AMENDMENT
A
COMMHTEE AMENDMENT '^ " to H.P. 656, L.D. 1009
PUBLIC SAFETY, DEPARTMENT OF
DEPARTMENT TOTALS 2025-26 2026-27
GENERAL FUND $0 $193,333
HIGHWAY FUND $0 $104,102
DEPARTMENT TOTAL-ALL FUNDS $0 $297,435
SECTION TOTALS 2025-26 2026-27
1112 GENERAL FUND $0 $730,289
HIGHWAY FUND $0 $104,102
SECTION TOTAL-ALL FUNDS $0 $834,391
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment changes the process in the bill for restoring a person's firearms rights
in the following ways.
1. It removes from the list of ineligible convictions certain convictions in violation of
the Maine Revised Statutes, Title 17-A, chapter 33 or 45.
2. It adds to the list of ineligible convictions a conviction for commercial sexual
exploitation of a minor or person with a mental disability, arson, causing a catastrophe,
criminal use of explosives, certain convictions for drug crimes or any offense including the
possession of a firearm.
3. It adds additional requirements for a person to be eligible to apply for a restoration
of fhat person's firearms rights.
4. It changes the process by which a person petitions for a restoration of that person's
firearms rights and adds new procedures for notice to be sent and a heanng to be held.
5. It adds a provision stating that a person who knowmgly submits false information is
3 guilty of unswom falsification.
6. It adds an appropriations and allocations section.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 02/17/26 t-Kt-
LD 1009 LR 1532(02)
An Act to Restore Full Civil Rights to Possess Firearms to Persons Previously Convicted of Certain
Nonviolent Felony Crimes
Fiscal Note for Bill as Amended by Committee Amendment ^
Committee: Judiciary j
Fiscal Note Required: Yes
Fiscal Note
FY 2025-26
$0
$0
$0
$0
FY 2026-27
$730,289
$104,102
$730,289
$104,102
Projections
FY 2027-28
$547,351
$35,245
$547,351
$35,245
Projections
FY 2028-29
$567,754
$39,428
$567,754
$39,428
Net Cost (Savings)
General Fund
Highway Fund
Appropriations/Allocations
General Fund
Highway Fund
Fiscal Detail and Notes
The bill includes a General Fund appropriation to the Department of Public Safety of $63,333 in fiscal year 2026-27
and a Highway Fund allocation of $34,102 in fiscal year 2026-27 for one State Bureau of Investigation Specialist and
related All Other costs to administer a process for persons to apply for a restoration of civil rights. The bill also
includes a one-time General Fund appropriation of $130,000 and a one-time Highway Fund allocation of $70,000 in
fiscal year 2026-27 for computer programming costs to accept and process applications for restoration of a person's
civil rights.
The bill includes General Fund appropriations to the Judicial Department of $486,956 in fiscal year 2026-27 to
establish one Judge position, one Deputy Marshal position, and one Assistant Clerk position to implement the process
of restoring a person's civil rights to possess firearms. The bill also includes a one-time General Fund appropriation of
$50,000 for programming costs to update the transfer of electronic information to the Department of Public Safety.
LR1532(02) - Fiscal Note - Page 1 of 1