AUGUSTA, Maine — A bill expanding the reach of Maine law that makes it illegal for those convicted of domestic violence-related crimes to possess a firearm won support from a key legislative committee Friday.
Lawmakers on the Legislature’s Criminal Justice and Public Safety Committee voted 5-3 in favor of LD 600, a bill offered by Rep. Richard Pickett, R-East Dixfield. Pickett is a former police chief and state police detective.
His bill makes it illegal for an individual convicted of a Class D or Class E domestic violence crime, including stalking and terrorizing, from being eligible to own or possess a firearm. The measure goes beyond federal law, which only prohibits gun possession by those convicted of felony level domestic violence crimes including domestic violence assault.
The committee also amended Pickett’s bill to allow a person to regain the right to possess a firearm if he or she has no criminal convictions for five years after a lower-level domestic violence conviction.
After the vote, Pickett said he was pleased with the result although he would have preferred his original language.
Pickett also noted that 50 percent or more of the homicides committed in Maine in most years are related to domestic violence.
“This is a really, really important issue,” Pickett said. “No one wants to cause somebody not to be able to possess a firearm. I’m all about the Second Amendment right to bear arms. … I’m just not about having firearms in the hands of people that have a tendency toward doing bad things and causing really severe injury and possibly even death.”
Pickett believes the measure will make it easier for police to remove firearms from individuals who may use them to harm a domestic partner or family member.
Sen. David Burns, R-Whiting, also a former Maine State Police trooper, voted for the bill after the amendment was added. Burns said lawmakers were trying to walk a difficult line.
“We are talking about two critically important things,” he said. “One is to protect people and the other one is to guarantee a constitutional right, and I don’t want to sacrifice one for the other.”
Burns said everybody could agree that domestic violence is a serious state and national problem.
“On the other hand, sometimes things are included on a list of crimes and the level of severity isn’t that serious,” Burns said.
Other lawmakers backing the measure said it made sense because domestic violence suspects often enter plea agreements for crimes that are less severe than the original charges.
“A lot of prosecutors, in cases, plea down a deal,” said Rep. Lori Fowle, D-Vassalboro, the House chairwoman of the committee. “The crime that was actually committed may not be what they were charged with or what they were convicted of, and we need to keep that in mind when it comes to domestic violence.”
While the committee spent the most time discussing the domestic violence portions of the bill, the measure also expands the list of individuals prohibited from possessing a firearm under Maine law to include any fugitives from justice, any persons who are users of or addicted to any controlled substance and are prohibited under federal law from possessing a firearm.
The bill also would conform Maine law with federal law in making it illegal for any illegal alien or person admitted to the U.S. on a nonimmigrant visa from possessing a firearm. It adds to the list of prohibited individuals any person who was discharged from the U.S. armed forces under dishonorable conditions and anyone who has renounced U.S. citizenship.
Pickett’s bill will next go to the Maine House of Representatives for consideration.
In other action Friday, the committee tabled a bill offered by Sen. Eric Brakey, R-Auburn, that eliminates the permit requirement for individuals who want to carry a concealed handgun.
Brakey, according to a text message he sent to the Sun Journal on Friday, was travelling to Texas to speak at a “libertarian” event there and was unavailable for the work session.
Brakey’s bill is tentatively rescheduled for a committee work session on Friday, April 24.