I do not have a protection from abuse order against the abuser and s/he has not been convicted of a crime. Can s/he have a gun?
Even if the abuser was never convicted of a crime and you do not have a protection from abuse order against him/her, Maine state law says that it is illegal for someone to own or possess a gun if:
- s/he was involuntarily committed to a hospital because s/he was found to present a likelihood of causing serious harm;
- s/he was found to be “not criminally responsible by reason of insanity” for any crime;
- s/he was found to be “not competent to stand trial” for any crime;
- s/he is a fugitive from justice;
- s/he illegally uses, or is addicted to, any controlled substance and as a result cannot possess a firearm under federal law (18 USC § 922(g)(3));
- s/he is illegally in the U.S. or was admitted under a nonimmigrant visa and who is prohibited from possession of a firearm under federal law (18 USC § 922(g)(5));
- s/he was a U.S. citizen and gave up (renounced) his/her citizenship; or
- s/he has been dishonorably discharged from the U.S. Armed Forces.1
Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to Federal Gun Laws to get more information.
1 ME ST T. 15 § 393(1)(E) – (J)
I've read through all of this information, and I am still confused. What can I do?
Trying to understand both federal and state law can be confusing, but there are people out there who can help you better understand the law and your rights under the law.
- You can contact the National Center on Protection Orders and Full Faith & Credit to get more information about the federal firearm law and how it applies to you: 1-800-903-0111 x2.
- You can contact a local domestic violence organization in your area on our Places that Help page.
- You can write to our Email Hotline.