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Legal Information: Maine

Restraining Orders

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Laws current as of November 28, 2023

What happens when the judge orders the defendant to turn in his/her firearms?

If as part of a temporary or final protection from abuse order, the judge rules that the defendant cannot have a firearm or other dangerous weapon, the judge will direct the defendant to give up his/her firearms within 24 hours or sooner after service of the order. They can be given to law enforcement or to someone else. If the weapons are turned over to someone other than a law enforcement officer, the defendant must file with the court or local law enforcement agency within 24 hours a written statement that contains the name and address of the person holding the weapons and a description of all weapons held by that individual. Later on, the judge can issue a search warrant authorizing a law enforcement officer to take any firearms and other dangerous weapons at any location if there is probable cause to believe that the defendant did not turn in such firearms or dangerous weapons.1

1 ME ST T. 19-A §§ 4108(3); 4110(4)