Maine Statute | Act | Code |Title 15. Court Procedure -- Criminal| US Code - US Statute | Chapter 15. Possession Of Firearms By Prohibited Persons (heading. Pl 2001, C. 549, @1 (rpr))

USA Statutes : maine
Title : Title 15. COURT PROCEDURE -- CRIMINAL
Chapter : Chapter 15. POSSESSION OF FIREARMS BY PROHIBITED PERSONS (HEADING. PL 2001, c. 549, @1 (rpr))

Title 15 - §392. Application (REPEALED)

Title 15: COURT PROCEDURE -- CRIMINAL
Part 1: CRIMINAL PROCEDURE GENERALLY
Chapter 15: POSSESSION OF FIREARMS BY PROHIBITED PERSONS (HEADING: PL 2001, c. 549, @1 (rpr))

§392. Application (REPEALED)

Section History:
PL 1965,
Ch. 327,
§1 (AMD).
PL 1977,
Ch. 225,
§1 (RPR).
PL 1979,
Ch. 127,
§115 (AMD).
PL 1981,
Ch. 698,
§88 (RPR).
PL 1983,
Ch. 618,
§ (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §393. Possession of firearms prohibited for certain persons

Title 15: COURT PROCEDURE -- CRIMINAL
Part 1: CRIMINAL PROCEDURE GENERALLY
Chapter 15: POSSESSION OF FIREARMS BY PROHIBITED PERSONS (HEADING: PL 2001, c. 549, @1 (rpr))

§393. Possession of firearms prohibited for certain persons

1. Possession prohibited. A person may not own, possess or have under that person's control a firearm or crossbow, unless that person has obtained a permit under this section, if that person:

A. [2001, c. 549, §2 (rp).]

A-1. Has been convicted of committing or found not criminally responsible by reason of mental disease or defect 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 any other state 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 state that is classified by the laws of that state as a misdemeanor and is punishable by a term of imprisonment of 2 years or less;

(4) A crime under the laws of any other state 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 for one year or more; or

(5) A crime under the laws of the United States, this State or any other state or the Passamaquoddy Tribe or Penobscot Nation 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 or crossbow against a person; or

(b) Any other dangerous weapon;

[2005, c. 419, §7 (amd); §12 (aff).]

B. [2001, c. 549, §2 (rp).]

C. Has been adjudicated in this State or under the laws of the United States or any other state 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); or
[2001, c. 549, §2 (amd).]

D. Is subject to an order of a court of the United States or a state, territory, commonwealth or tribe 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.
[1997, c. 334, §2 (new).]

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. For the purposes of this subsection, a person is deemed to have been found not criminally responsible by reason of mental disease or defect 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 mental disease or defect, or of the equivalent in a juvenile case, by a court of competent jurisdiction. [2005, c. 419, §7 (amd); §12 (aff).]

1-A. Limited prohibition for nonviolent juvenile offenses. A person who has been adjudicated in this State or under the laws of the United States or any other state to have engaged in conduct as a juvenile that, if committed by an adult, would have been a disqualifying conviction under subsection 1, paragraph A-1 but is not an adjudication under subsection 1, paragraph C may not own or have in that person's possession or control a firearm or crossbow for a period of 3 years following completion of any disposition imposed or until that person reaches 18 years of age, whichever is later. [2005, c. 419, §8 (amd); §12 (aff).]

2. Application after 5 years. A person subject to the provisions of subsection 1 may, after the expiration of 5 years from the date that the person is finally discharged from the sentences imposed as a result of the conviction or adjudication, apply to the Commissioner of Public Safety for a permit to carry a firearm or crossbow. That person may not be issued a permit to carry a concealed firearm pursuant to Title 25, chapter 252. [2005, c. 419, §9 (amd); §12 (aff).]

3. Contents. An application under subsection 2 must be on a form prepared by the Commissioner of Public Safety. The application must include the following: the applicant's full name; all aliases; date and place of birth; place of legal residence; occupation; make, model and serial number of the firearm or crossbow sought to be possessed; date, place and nature of conviction; sentence imposed; place of incarceration; name and address of probation or parole officer; date of discharge or release from prison or jail or termination of probation; the reason for the request; and any other information determined by the commissioner to be of assistance. The application must be accompanied by certified or attested copies of the indictment, information or complaint, judgment and commitment and discharge that are the subject of the conviction. [2005, c. 419, §10 (amd); §12 (aff).]

4. Notification, objection and hearing. Upon receipt of an application, the Commissioner of Public Safety shall determine if it is in proper form. If the application is proper, he shall within 30 days notify in writing the sentencing judge, the Attorney General, the district attorney for the county where the applicant resides, the district attorney for the county where the conviction occurred, the law enforcement agency which investigated the crime, the chief of police and sheriff in the municipality and county where the crime occurred and the chief of police and sheriff in the municipality where the applicant resides as of the filing of the application. The commissioner may direct any appropriate investigation to be carried out. If, within 30 days of the sending of notice, any person so notified objects in writing to the issuance of a permit, none shall be issued. The commissioner may deny an application if no objection is filed. [1977, c. 225, §2 (new).]

5. Appeal. Any person to whom a permit has been denied may appeal to the Superior Court of Kennebec County. The decision of the commissioner may not be overturned unless the court shall find that the applicant's request is reasonable and that the denial of the commissioner was arbitrary, capricious or discriminatory. [1977, c. 225, §2 (new).]

6. Filing fee. The commissioner may establish a reasonable filing fee not to exceed $25 to defray costs of processing applications. [1977, c. 225, §2 (new).]

7. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Firearm" has the same meaning as in Title 17-A, section 2, subsection 12-A. [2001, c. 549, §4 (new).]

B. "Not criminally responsible by reason of mental disease or defect" has the same meaning as used in Title 17-A, section 39 and includes the former finding in this State under former provisions of section 103 of "not guilty by reason of mental disease or defect excluding responsibility" as well as any comparable finding under the laws of the United States or any other state. [2001, c. 549, §4 (new).]

C. "State" means the State of Maine and "state" means any other state of the United States and includes the District of Columbia, the Commonwealth of Puerto Rico and the possessions of the United States. [2001, c. 549, §4 (new).]

D. "Use of a dangerous weapon" has the same meaning as in Title 17-A, section 2, subsection 9, paragraph A. [2001, c. 549, §4 (new).]

[2001, c. 549, §4 (rpr).]

8. Penalty. A violation of subsection 1, paragraph A-1 or C is a Class C crime. A violation of subsection 1, paragraph D is a Class D crime. A violation of subsection 1-A by a person at least 18 years of age is a Class C 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 the equivalent in a juvenile case, by a court of competent jurisdiction. [2001, c. 549, §5 (amd).]

Section History:
PL 1965,
Ch. 327,
§2 (AMD).
PL 1977,
Ch. 225,
§2 (RPR).
PL 1977,
Ch. 564,
§72,73 (AMD).
PL 1985,
Ch. 478,
§1 (AMD).
PL 1989,
Ch. 917,
§1 (AMD).
PL 1993,
Ch. 368,
§1 (AMD).
PL 1993,
Ch. 368,
§2,3 (AMD).
PL 1997,
Ch. 334,
§1-3 (AMD).
PL 1997,
Ch. 462,
§1 (AMD).
PL 1997,
Ch. 683,
§B8 (AMD).
PL 2001,
Ch. 549,
§2-5 (AMD).
PL 2005,
Ch. 419,
§12 (AFF).
PL 2005,
Ch. 419,
§7-10 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007

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