If the abuser has been convicted of a crime, can s/he keep or buy a gun?
Under Maine state law, it is illegal to have or buy a firearm if any of the following apply:
- As an adult, s/he was convicted of, or found “not criminally responsible by reason of insanity” for, any of the following:
- domestic violence assault;
- domestic violence criminal threatening;
- domestic violence terrorizing;
- domestic violence stalking;
- domestic violence reckless conduct;
- a crime in Maine that is punishable by a prison sentence of more than one year or a similar crime in another state;
- a federal crime that is punishable by a prison sentence of more than one year
- a crime in another state that is punishable by a prison sentence of more than one year, not including misdemeanor crimes that are punishable by a prison sentence of two years or less; or
- any crime committed while using a firearm or other dangerous weapon in Maine, in another state, or in the Passamaquoddy Tribe or Penobscot Nation;1 or
- As a juvenile, s/he was found to have engaged in conduct that would have been considered any of the above-mentioned crimes if s/he committed the act as an adult..2
After a certain amount of time passes, a person who was convicted of a crime could apply for a permit to regain the right to have firearms. See If the abuser is prohibited from getting a firearm permit due to a criminal conviction, does the prohibition expire after a certain amount of time? for more information.
Also, federal laws, which apply to all states, restrict a person’s right to have a gun under certain circumstances. Go to Federal Gun Laws to get more information.
1 ME ST T. 15 § 393(1)(A-1), (1-B)
2 ME ST T. 15 § 393(1)(C)