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132nd MAINE LEGISLATURE
FIRST REGULAR SESSION-2025
Legislative Document No. 1009H.P. 656House of Representatives, March 11, 2025
An Act to Restore Full Civil Rights to Possess Firearms to Persons
Previously Convicted of Certain Nonviolent Felony Crimes
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative PERKINS of Dover-Foxcroft.
Cosponsored by Senator HAGGAN of Penobscot and
Representatives: ARDELL of Monticello, BOYER of Poland, HENDERSON of Rumford,
THORNE of Carmel, Senators: HARRINGTON of York, HICKMAN of Kennebec. Page 1 - 132LR1532(01)
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2 as amended by PL 2021, c. 54, §6, is further amended to
3 read:
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5
6 A person who is prohibited from possessing a firearm under Title 15, section 393,
7 subsection 1, or is ineligible to obtain or possess any license or permit issued by
8 the department that authorizes a person to hunt with a firearm unless that person possesses
9 a valid permit in accordance with Title 15, section 393, subsection 2 or has had that person's
10 civil rights relating to firearm possession restored under Title 15, section 396.
11 as amended by PL 2023, c. 491, §§1 to 8 and c.
12 675, §1, is further amended to read:
13 Except as provided in section 396, a person may not
14 own, possess or have under that person's control a firearm, unless that person has obtained
15 a permit under this section, if that person:
16 A-1. Has been convicted of committing or found not criminally responsible by reason
17 of insanity of committing:
18 (1) A crime in this State that is punishable by imprisonment for a term of one year
19 or more;
20 (2) A crime under the laws of the United States that is punishable by imprisonment
21 for a term exceeding one year;
22 (3) A crime under the laws of another jurisdiction that, in accordance with the laws
23 of that jurisdiction, is punishable by a term of imprisonment exceeding one year.
24 This subparagraph does not include a crime under the laws of another jurisdiction
25 that is classified by the laws of that jurisdiction as a misdemeanor and is punishable
26 by a term of imprisonment of 2 years or less;
27 (4) A crime under the laws of another jurisdiction that, in accordance with the laws
28 of that jurisdiction, does not come within subparagraph (3) but is elementally
29 substantially similar to a crime in this State that is punishable by a term of
30 imprisonment of one year or more; or
31 (5) A crime under the laws of this State or another jurisdiction in a proceeding in
32 which the prosecuting authority was required to plead and prove that the person
33 committed the crime with the use of:
34 (a) A firearm against a person; or
35 (b) Any other dangerous weapon.
36 Violation of this paragraph is a Class B crime;
37 C. Has been adjudicated in this State or under the laws of another jurisdiction to have
38 engaged in conduct as a juvenile that, if committed by an adult, would have been a
39 disqualifying conviction:
40 (1) Under paragraph , subparagraphs (1) to (4) and bodily injury to another
41 person was threatened or resulted; or Page 2 - 132LR1532(01)
1 (3) Under paragraph A‑1, subparagraph (5).
2 Violation of this paragraph is a Class C crime;
3 D. Is subject to an order of a court of this State or another jurisdiction that restrains
4 that person from harassing, stalking or threatening an intimate partner, as defined in 18
5 United States Code, Section 921(a), of that person or a child of the intimate partner of
6 that person, or from engaging in other conduct that would place the intimate partner in
7 reasonable fear of bodily injury to the intimate partner or the child, except that this
8 paragraph applies only to a court order that was issued after a hearing for which that
9 person received actual notice and at which that person had the opportunity to participate
10 and that:
11 (1) Includes a finding that the person represents a credible threat to the physical
12 safety of an intimate partner or a child; or
13 (2) By its terms, explicitly prohibits the use, attempted use or threatened use of
14 physical force against an intimate partner or a child that would reasonably be
15 expected to cause bodily injury.
16 Violation of this paragraph is a Class C crime;
17 E. Has been:
18 (1) Committed involuntarily to a hospital pursuant to an order of the District Court
19 under Title section 3864 because the person was found to present a likelihood
20 of serious harm, as defined under Title section 3801, subsection
21 paragraphs A to C;
22 (2) Found not criminally responsible by reason of insanity with respect to a
23 criminal charge; or
24 (3) Found not competent to stand trial with respect to a criminal charge.
25 Violation of this paragraph is a Class C crime;
26 E-1. Is currently a restricted person pursuant to Title section subsection
27 4 or Title section subsection 6, paragraph D or a similar order issued by
28 another jurisdiction, except that the prohibition applies to possession and control and
29 not ownership. A permit issued pursuant to subsection 2 is not a defense to a violation
30 of this paragraph. Violation of this paragraph is a Class D crime;
31 E-2. Has been ordered to participate in a progressive treatment program pursuant to
32 Title section and, as part of that order, directed not to possess a
33 dangerous weapon pursuant to Title section subsection for the
34 duration of the treatment program, except that the prohibition applies to possession and
35 control, and not ownership. Violation of this paragraph is a Class D crime;
36 F. Is a fugitive from justice. For the purposes of this paragraph, "fugitive from justice"
37 has the same meaning as in section 201, subsection 4. Violation of this paragraph is a
38 Class C crime;
39 G. Is an unlawful user of or is addicted to any controlled substance and as a result is
40 prohibited from possession of a firearm under 18 United States Code, Section
41 922(g)(3). Notwithstanding the prohibition under 18 United States Code, Section
42 922(g)(3), the use, possession or transport of cannabis in accordance with Title 22, Page 3 - 132LR1532(01)
43 chapter or Title may not serve as the basis for the prohibition to own,
44 possess or have under a person's control a firearm in this section. Violation of this
45 paragraph is a Class C crime;
4 H. Is an alien who is illegally or unlawfully in the United States or who was admitted
5 under a nonimmigrant visa and who is prohibited from possession of a firearm under
6 18 United States Code, Section 922(g)(5). Violation of this paragraph is a Class C
7 crime;
8 I. Has been discharged from the United States Armed Forces under dishonorable
9 conditions. Violation of this paragraph is a Class C crime; or
10 J. Has, having been a citizen of the United States, renounced that person's citizenship.
11 Violation of this paragraph is a Class C crime.
12 For the purposes of this subsection, a person is deemed to have been convicted upon the
13 acceptance of a plea of guilty or nolo contendere or a verdict or finding of guilty, or of the
14 equivalent in a juvenile case, by a court of competent jurisdiction.
15 In the case of a deferred disposition, a person is deemed to have been convicted when the
16 court imposes the sentence. In the case of a deferred disposition for a person alleged to
17 have committed one or more of the offenses listed in section 1023, subsection 4, paragraph
18, that person may not possess a firearm during the deferred disposition period. Violation
19 of this paragraph is a Class C crime.
20 For the purposes of this subsection, a person is deemed to have been found not criminally
21 responsible by reason of insanity upon the acceptance of a plea of not criminally
22 responsible by reason of insanity or a verdict or finding of not criminally responsible by
23 reason of insanity, or of the equivalent in a juvenile case, by a court of competent
24 jurisdiction.
25 is enacted to read:
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27
28 following terms have the following meanings.
29 A. "Another jurisdiction" has the same meaning as in Title 17-A, section 2, subsection
30 3-B.
31 B. "Department" means the Department of Public Safety.
32 C. "Felony crime" means:
33 (1) A crime in this State that is punishable by imprisonment for a term of one year
34 or more;
35 (2) A crime under the laws of the United States that is punishable by imprisonment
36 for a term exceeding one year;
37 (3) A crime under the laws of another jurisdiction that, in accordance with the laws
38 of that jurisdiction, is punishable by a term of imprisonment exceeding one year,
39 not including a crime under the laws of another jurisdiction that is classified by the
40 laws of that jurisdiction as a misdemeanor and is punishable by a term of
41 imprisonment of 2 years or less; or
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1 (4) A crime under the laws of another jurisdiction that, in accordance with the laws
2 of that jurisdiction, does not come within subparagraph (3) but is elementally
3 substantially similar to a crime in this State that is punishable by a term of
4 imprisonment of one year or more.
5 D. "Final discharge" means the completion by a person of all authorized sentences
6 imposed as a result of a criminal conviction, including, but not limited to, a sentence
7 of imprisonment, a period of administrative release, a period of supervised release, a
8 period of probation, community service and the full payment of any fine or restitution.
9 E. "Firearm" has the same meaning as in Title 17-A, section 2, subsection 12-A.
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11 person prohibited pursuant to the federal Gun Control Act of 1968, 18 United States Code,
12 Section 922(g)(1) or section 393, subsection 1, paragraph A-1 or C from owning,
13 possessing or having under the person's control a firearm as the result of a criminal
14 conviction or adjudication by a court in this State, 10 years after the date of final discharge
15 from any sentence imposed as a result of the conviction or adjudication, becomes eligible
16 to apply for a restoration of the person's civil rights in accordance with subsection 3. To be
17 eligible for a restoration of civil rights under subsection 3, a person must satisfy the
18 following conditions:
19 A. The person has not been convicted or adjudicated of a felony crime in this State or
20 in another jurisdiction prior to or concurrently with the underlying conviction or
21 adjudication;
22 B. The person has not been convicted or adjudicated of any crime in this State or in
23 another jurisdiction for a period of 10 years since the date of final discharge from any
24 sentence imposed as a result of the underlying conviction or adjudication and is not
25 subject to any adjudication for committing a crime in this State or in another
26 jurisdiction; and
27 C. The underlying criminal conviction or adjudication is for a Class B or Class C crime,
28 except that if the underlying conviction or adjudication is for any of the following Class
29 B or Class C crimes, the person is not eligible to apply under subsection 3:
30 (1) Any Class B or Class C crime in violation of Title 17-A, chapter 9, 11, 12, 13,
31 33 or 45;
32 (2) Robbery in violation of Title 17-A, section 651;
33 (3) Assault on an officer in violation of Title 17-A, section 752-A;
34 (4) Assault on an emergency medical services person in violation of Title 17-A,
35 section 752-C;
36 (5) Assault on a firefighter in violation of Title 17-A, section 752-E;
37 (6) Aggravated sex trafficking in violation of Title 17-A, section 852; or
38 (7) Sex trafficking in violation of Title 17-A, section 853.
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40 requirements of subsection 2 may submit a request to the department to have restored the
41 person's right to own, possess and have under the person's control a firearm. Upon receipt
42 of a request, the department shall conduct a review of the person's criminal history to ensure Page 5 - 132LR1532(01)
43 the person is eligible under subsection 2. Upon a determination that the person is eligible,
44 the department shall notify the court having jurisdiction over the crime on which the
45 person's firearm prohibition is based, and that court shall issue an order restoring the
46 person's right to own, possess and have under the person's control a firearm.
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6 restoring the civil rights of a person pursuant to subsection 3, that person is no longer
7 prohibited from owning, possessing or having under that person's control a firearm under
8 section 393, subsection 1, paragraph A-1 or C. Restoration of civil rights under this section
9 is within the meaning of civil rights restored under the federal Firearms Owners' Protection
10 Act, 18 United States Code, Section 921(a)(20).
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12 under this section is subsequently convicted of any felony crime in this State or in another
13 jurisdiction, the person's right to own, possess and have under that person's control a
14 firearm is revoked, the person is ineligible from qualifying for a restoration of civil rights
15 under this section and the court that issued the order restoring the person's rights under
16 subsection 3 shall revoke the order.
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18 Currently, persons who have been convicted of committing or found not criminally
19 responsible by reason of insanity of committing a crime in this State, a crime under the
20 laws of the United States and certain crimes in other jurisdictions that are punishable by a
21 term of imprisonment of one year or more are prohibited from owning, possessing or
22 having under their control a firearm. This bill restores the right for some of these convicted
23 persons to own, possess and have a firearm under their control, setting certain eligibility
24 requirements a person must meet to have their civil rights relating to firearms restored,
25 including a requirement that 10 years have passed since the completion of any sentence
26 imposed on them. Eligibility for restoration of firearm rights is excluded for certain
27 enumerated categories of crimes, including murder; any Class A crime; any Class B or C
28 crime in violation of the Maine Revised Statutes, Title 17-A, chapter 9, 11, 12, 13, 33 or
29 45; robbery; assault on an officer; assault on an emergency medical services person; assault
30 on a firefighter; aggravated sex trafficking; and sex trafficking.
31 The bill also outlines the procedure for applying for a restoration of civil rights. A
32 person meeting the eligibility requirements may submit a request to the Department of
33 Public Safety to have that person's firearm rights restored. Upon receipt of a request, the
34 department must conduct a review of the person's criminal history to ensure the person is
35 eligible. Upon a determination that the person is eligible, the department must notify the
36 court having jurisdiction over the crime on which the person's firearm prohibition is based,
37 and that court must issue an order restoring the person's rights.
38 The bill also stipulates that, in the event a person who has had the person's civil rights
39 restored is subsequently convicted of any felony crime, defined as a crime punishable by a
40 sentence of imprisonment of one year or more in Maine or any other jurisdiction, that
41 person's restored rights are revoked and the person is ineligible from qualifying for a
42 restoration of that person's rights in the future. In this occurrence, the court that issued the
43 order restoring the person's civil rights to own, possess and have under the person's control
44 a firearm must revoke that order.
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