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Giffords Law Center to Prevent Gun Violence. 2021 ‘Firearm Prohibitions in Maine.’ Who Can Have a Gun. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 26 February

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Prohibited Purchasers Generally in Maine

Federal law prohibits certain persons from purchasing or possessing firearms, such as felons, certain domestic abusers, and certain people with a history of mental illness.

Maine law provides that a person may not possess a firearm if he or she has been convicted of committing, or found not criminally responsible by reason of insanity of committing, a crime under:

- A law of Maine that is punishable by imprisonment for one year or more;
- A federal law that is punishable by imprisonment for a term exceeding one year;
- A law of another state that is punishable by imprisonment for a term exceeding one year, excluding crimes classified as misdemeanors in the state carrying a penalty of imprisonment of two years or less;
- A law of any other state that is "elementally substantially similar" to a crime in Maine that is punishable by a term of imprisonment for one year or more; or
- A law in a proceeding in which the prosecuting authority was required to prove that the crime was committed with the use of a dangerous weapon.

In addition, a person may not possess a firearm if that person has been adjudicated to have engaged in conduct as a juvenile that, if committed by an adult, would have been a disqualifying conviction listed above if bodily injury to another person was threatened and resulted, or if the prosecuting authority was required to prove that the crime was committed with the use of a dangerous weapon, regardless of bodily injury. A person who has been adjudicated under federal or state law to have engaged in conduct as a juvenile that, if committed by an adult, would have been a disqualifying conviction as listed above, but which didn't threaten and result in bodily injury, may not own or have in his or her possession or control a firearm for three years following completion of any disposition imposed, or until that person reaches age 18, whichever is later.

Maine also prohibits possession of a firearm by anyone who has been:

- Committed involuntarily to a hospital pursuant to an order of the District Court after a hearing because the person was found to present "a likelihood of serious harm," as defined under Maine law;
- Found not criminally responsible by reason of insanity with respect to a criminal charge; or
- Found not competent to stand trial with respect to a criminal charge.

Finally, a person may not own, possess or have under that person's control a firearm if he or she is subject to a domestic violence protective order, under certain circumstances…

Restoration of Firearm Rights for Felons and Juvenile Offenders: A person subject to the prohibition against firearm possession because of a criminal conviction or juvenile adjudication may, after the expiration of five years from the date the person is finally discharged from the sentences imposed, apply to the Maine Commissioner of Public Safety for a permit to possess a firearm (known in Maine as a "permit to carry a firearm"). The Commissioner must notify local law enforcement about the application, and local law enforcement is given an opportunity to object. The Commissioner may deny an application even if no objection is filed, and must deny an application if a proper objection is filed. A permit to possess a firearm issued to a convicted felon or juvenile offender remains valid for four years…

[Editor's note: The Giffords Law Center to Prevent Gun Violence regularly updates its webpages with new data as US gun regulation evolves state by state. For the most up-to-date information on US gun laws, please refer to the Giffords URL below]

ID: Q7273

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