Bill > LD1561

Introduced Session

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.

AI Summary

Committee Categories

Chad Perkins (R)*,  John Andrews (R),  Donald Ardell (R),  David Boyer (R),  Billy Bob Faulkingham (R),  Matt Harrington (R),  Craig Hickman (D),  Ben Hymes (R),  Michael Soboleski (R),  Jim White (R), 

Died Upon Conclusion of the 131st, Dec 4, 2024 (on 12/04/2024)

Bill Topics

Official Document