If the abuser's gun is taken away, what will happen to it?
Maine has no laws to ensure people who become prohibited from possessing firearms due to a criminal conviction actually follow the law by giving up (relinquishing) their firearms.1 You may need to ask a lawyer about your options or ask a judge to give the abuser instructions on relinquishing his/her firearms in your protection from abuse order.
If the judge prohibits the defendant from possessing dangerous weapons or firearms in a temporary protection from abuse (PFA) order, the judge will direct the defendant to turn them over to a law enforcement officer or other individual within 24 hours after service of the PFA order on the defendant. The defendant has the right to file a motion in court to reverse this decision.2
If the abuser turns over the weapons to someone other than a law enforcement officer, the abuser must file a written statement within 24 hours of turning them over that contains the name and address of the person holding the weapons and a description of all weapons being held. This statement must be filed with the court or local law enforcement agency designated in the temporary order. After this, if there is probably cause to believe that the abuser has not relinquished his/her weapons, the court may then issue a search warrant authorizing a law enforcement officer to seize the weapons.3
1 Giffords Law Center
2 ME ST T. 19-A § 4108(3)
3 ME ST T. 19-A §§ 4108(3), 4110(4)