I do not have a PFA order against the abuser and s/he has not been convicted of a crime. Can s/he have a gun?
Under Maine state law, even if a person is not subject to a protection from abuse order and has not been convicted of a crime, s/he cannot have a gun if any of the following apply:
- 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 is an unlawful user of, or is addicted to, any controlled substance;
- s/he is an alien who is illegally or unlawfully in the United States or who 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 United States Armed Forces.1
Also, federal laws, which apply to all states, may restrict an abuser's right to have a gun. Go to Federal Gun Laws to get more information.
If none of these situations apply, you can still make a plan for your safety. See our Safety Tips page for more information. You also may contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. See our ME Advocates and Shelters page under the Places that Help tab at the top of this page.
For additional information on gun laws in Maine, you can go to the Giffords Law Center website.
1 ME ST T. 15 § 393(1)(E), (1)(F)-(J)