Maine law does not:

• Require the surrender of firearms or ammunition by domestic abusers who have become prohibited from possessing firearms or ammunition under federal law; or

• Explicitly authorize or require the removal of firearms or ammunition at the scene of a domestic violence incident.

Firearm Prohibition for Domestic Violence Misdemeanants

Maine enacted a law in 2015 that temporarily prohibits a person from possessing a firearm if he or she has been convicted of:

  • domestic violence assault,
  • domestic violence criminal threatening,
  • domestic violence terrorizing,
  • domestic violence stalking,
  • domestic violence reckless conduct, or
  • a substantially similar crime in another jurisdiction.1

This prohibition will expire 5 years from the date the person is finally discharged from the sentence imposed. This prohibition also applies to a person who has been adjudicated to have engaged in such conduct as a juvenile.2 This prohibition does not apply to a person who has convicted of a similar crime towards a dating partner.3

Federal law may also apply.

Firearm Prohibitions for Persons Subject to Domestic Violence Protective Orders

Like federal law, Maine law prohibits anyone from possessing a firearm if he or she is subject to a court order that restrains him or her from harassing, stalking or threatening his or her intimate partner or that partner’s child, or from engaging in other conduct that would place the intimate partner in reasonable fear of bodily injury to the intimate partner or the partner’s child. This provision applies only to a court order issued after a hearing that:

  • Includes a finding that the person represents a credible threat to the physical safety of an intimate partner or child; or
  • 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.4

Reporting of Domestic Violence Information

In Maine, law enforcement reports of domestic abuse must be made available for inspection by and dissemination to local agencies responsible for issuing concealed handgun permits, provided the records are necessary to the agencies’ determination of an applicant’s good moral character and compliance with the requirements related to such permits.5 No similar law addresses the availability of this information for use in firearm purchaser background checks.

 

See our Domestic Violence & Firearms policy summary for a comprehensive discussion of this issue.

Notes
  1. Me. Stat., 15 § 393(1-B) (as enacted by 2015 Me. H.B. 413). ⤴︎
  2. Me. Stat., 15 § 393(1-B) (as enacted by 2015 Me. H.B. 413). ⤴︎
  3. See Me. Stat. 19-A § 4002 (defining “family and household members” separately from “dating partners.”) ⤴︎
  4. Me. Stat., 15 § 393(1)(D). ⤴︎
  5. Me. Stat., 25 § 2003(5) (referring to Tit. 19-A, § 4012(1) ). ⤴︎