Maine

Maine LD 1312 - Extreme Risk Protection Orders

LEAP Forward Position:  Support

LEAP Forward Position: Support

Maine LD 1312

An Act Regarding Access to Firearms by Extremely Dangerous and Suicidal Individuals

by Rebecca Millett (D) with Donna Bailey (D), Barbara Cardone (D), Brownie Carson (D), Sara Gideon (D), Geoff Gratwick (D), Thom Harnett (D), Patty Hymanson (D), Jay McCreight (D), Dave Miramant (D), Lois Reckitt (D)

Last Action: Introduced


This bill creates an extreme risk protection order to authorize a court to order a person to surrender that person’s firearms temporarily for 14 days or on an extended basis for 365 days when it has been proved that the person poses a danger of causing personal injury to that person or another person. The bill provides that:

1. A law enforcement officer, a law enforcement agency or a family or household member may file a petition for a temporary extreme risk protection order, which may be granted if the court finds probable cause exists to issue the order. The temporary extreme risk protection order expires in 14 days or when a hearing to determine whether to issue an extended extreme risk protection order is held, whichever occurs sooner. A temporary extreme risk protection order may be issued on an ex parte basis;

2. Whether or not the court issues a temporary extreme risk protection order, the court is required to hold a hearing within 14 days to determine whether the person poses a danger of causing personal injury to that person or another person. If the court, based on clear and convincing evidence, finds that an extended extreme risk protection order should be issued, the extended extreme risk protection order must be issued, and it expires 365 days after the issuance of the order unless extended after another hearing;

3. Following the issuance of a temporary or extended extreme risk protection order, the court is required to order law enforcement to serve the order and is required to issue a search warrant if the court finds probable cause that the person who is the subject of the order is in possession of a firearm;

4. A person who is the subject of a temporary or extended extreme risk protection order is required to surrender all firearms in the person’s possession to a law enforcement officer or law enforcement agency. The firearms must be returned to the person at the expiration of the extreme risk protection order unless an extended extreme risk protection order is issued;

5. A person against whom an extended extreme risk protection order is issued may request that the order be dissolved and be granted a hearing once during the term of the extended extreme risk protection order; and

6. A person who possesses firearms in violation of an extreme risk protection order commits a Class D crime.