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Bill > LD1009


ME LD1009

ME LD1009
An Act to Restore Full Civil Rights to Possess Firearms to Persons Previously Convicted of Certain Nonviolent Felony Crimes


summary

Introduced
03/11/2025
In Committee
03/11/2025
Crossed Over
Passed
Dead

Introduced Session

132nd Legislature

Bill 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 services person; 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 on 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

This bill restores the right to possess firearms for certain individuals with prior nonviolent felony convictions, establishing a comprehensive process for regaining firearm rights. Under the proposed law, individuals can apply to have their firearm rights restored 10 years after completing their full sentence, provided they meet specific eligibility requirements. These requirements include having no additional felony convictions during the 10-year period and not having been convicted of certain serious crimes such as murder, aggravated sex trafficking, assault on officers, or specific crimes in certain legal chapters. To restore their rights, an applicant must submit a request to the Department of Public Safety, which will review their criminal history and, if eligible, notify the original sentencing court to issue an order restoring firearm possession rights. Importantly, if the person is subsequently convicted of any felony crime after rights restoration, their firearm rights will be permanently revoked. The bill aims to provide a structured pathway for rehabilitation while maintaining public safety by excluding individuals with violent or serious criminal histories from regaining firearm possession rights.

Committee Categories

Justice

Sponsors (8)

Last Action

Carried over, in the same posture, to any special or regular session of the 132nd Legislature, pursuant to Joint Order SP 800. (on 06/25/2025)

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