DATE CREATED: February 21, 2024
LAST ACTION DATE: 04/18/2024
LAST AMENDMENT DATE: 02/21/2024
PROGRESS: Signed/Enacted/Adopted
BILL ID: LD2224
CATEGORIES: Justice
REGION: ME
This bill does the following. 1. It provides that a person may not own, possess or have under that person's control a firearm if that person is a restricted person under an order issued by another jurisdiction that is similar to an extreme risk protection order in this State. 2. It provides that a person may not recklessly sell or transfer a firearm to a person who is prohibited from owning, possessing or having under that person's control a firearm. 3. It changes the classification of the crime of recklessly, knowingly or intentionally selling or transferring a firearm to a person who is prohibited from owning, possessing or having under that person's control a firearm from a Class D to a Class C crime. 4. It provides that a seller who is not a federally licensed firearms dealer and who transfers ownership of a firearm to a buyer may not complete the transaction unless the seller facilitates the transaction through a federally licensed firearms dealer. The dealer must perform a background check of the putative buyer by using the Federal Bureau of Investigation, National Instant Criminal Background Check System in the same manner as if the dealer were the seller of the firearm that is the subject of the transaction. If the background check reveals that the putative buyer is prohibited from purchasing a firearm, the dealer must notify the seller of that fact and of the fact that the transaction may not proceed. The dealer may charge a reasonable fee for serving as the facilitator. This provision applies only to transactions in which a seller sells a firearm to a buyer at a gun show or a seller sells a firearm to a buyer as a result of an advertisement, posting, display or other listing on the Internet or in a publication. This provision does not apply to a transaction in which the buyer and seller are family members or a transaction for a firearm that is a curio or relic if the sale, transfer or exchange is between collectors of firearms as curios or relics who each have in their possession a valid collector of curios and relics license issued by the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives or to a transaction for a firearm that is an antique firearm. 5. It provides that if a law enforcement officer is unable to take a person into protective custody to conduct an assessment in connection with an extreme risk protection order, the law enforcement officer may apply for a protective custody warrant. The officer must submit an affidavit of probable cause for a protective custody warrant to a Justice of the Superior Court or a Judge of the District Court. The justice or judge must issue a protective custody warrant and promptly transmit that warrant to the officer for execution upon finding the affidavit is sufficient to establish probable cause to believe that the person is mentally ill and due to that condition presents a likelihood of serious harm; probable cause to believe that the person possesses, controls or may acquire a dangerous weapon; and that the officer has made reasonable attempts to take the person into custody without a warrant. It also provides that an assessment performed in connection with an extreme risk protection order may be facilitated using telehealth technology. It changes the required timing of certain events related to an extreme risk protection order. It changes the classification of the crime of possession of a dangerous weapon by a restricted person from a Class D to a Class C crime. 6. It requires the Department of Health and Human Services to provide injury and violence prevention programs, including data collection, synthesis and evaluation. 7. It requires the Department of Health and Human Services to plan for and assist a statewide network of crisis receiving centers to provide immediate and short-term mental health and substance use disorder crisis stabilization services.
SESSION: 131st Legislature
VERSIONS: 1
VOTES: 7
LAST ACTION: Roll Call Ordered Roll Call Number 783 Yeas 18 - Nays 15 - Excused 2 - Absent 0 PREVAILED
ACTIONS: 44
SPONSORS: Kristen Cloutier (D) , Mattie Daughtry (D) , Peggy Rotundo (D)* , Troy Jackson (D) , Rachel Ross (D) , Maureen Terry (D) , Eloise Vitelli (D)
KEYWORDS: Absent Compelling Circumstances, Crisis Receiving Centers, Individuals Seeking Care, Electronic Arrest Warrant, Exercise Reasonable Care, Long-Term Care Services, Made Reasonable Attempts, Paper Arrest Warrant, Prior Involuntary Confinement, Mental Health System
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