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)