PORTLAND, Maine — A former Maine Warden Service pilot who became a convicted felon in 2003 after bilking the state out of more than $14,000 has failed in his appeal to Maine’s highest court to overturn the state’s denial of his application to possess a firearm.
Jason E. Bouchard, 49, who lives in Aroostook County, argued that under state law the procedure for consideration of firearm permit applications violates the separation of powers provision of an article in the Maine Constitution. He said in court documents that the statute improperly gives individuals the authority to object to issuing the permits without sufficient guidelines or restrictions, and while an appeal process exists, there is no avenue for meaningful judicial review of the denial once an objection has been made.
The Law Court issued a unanimous decision on May 5 after the justices heard oral arguments April 9. Bouchard was represented by attorney Steven T. Blackwell of the Bangor firm of Lanham Blackwell & Baber.
The former warden pilot was living in Enfield when he was convicted by a jury in 2003 of buying gas for his state-owned plane from the aviation firm he owned and operated at the Lincoln Regional Airport after his supervisors repeatedly ordered him not to do so, according to testimony presented at his trial. He bought airplane fuel at wholesale rate but sold it to the Department of Inland Fisheries and Wildlife at retail prices, running the reimbursement through a business associate, prosecutors successfully argued.
He was sentenced to nine months in jail with all but 12 days suspended on two counts of theft and to five years, all suspended, on one count of misuse of entrusted property. He also was ordered to pay $14,632 in restitution to the Department of Inland Fisheries and Wildlife.
Bouchard completed his sentence and probation in 2007.
Convicted felons are not allowed to possess guns but may apply under state statute for a firearm permit five years after completing their sentences
In April 2013, Bouchard submitted an application to the Department of Public Safety for a permit to carry black powder firearm.
As part of the process, state police sent notice of Bouchard’s application to other law enforcement and prosecution officials to check their records for “any additional information relevant to the issuance of this permit,” according to court documents.
A written objection was filed by Aroostook County District Attorney Todd Collins, who noted, in part, “my view is that firearms and a criminal history such as the one earned by Mr. Bouchard should never mix.”
The Department of Public Safety subsequently denied Bouchard’s permit application. He filed an appeal in Kennebec Superior Court. After that failed, he sought relief from the Maine Supreme Judicial Court.
Writing for the majority in the high court’s ruling earlier this month, Justice Donald Alexander was not swayed by the separation of powers argument, noting the section of the state Constitution Bouchard was referring to protects citizens against “arbitrary or discriminatory action by public officials.” He added that the doctrine is limited to delegations of legislative authority, and the justices saw the Department of Public Safety and officials involved in the permitting process as “administrative or ministerial in nature.”
He also said that while “every citizen has a right to keep and bear arms and this right shall never be questioned,” this right does not extend to convicted felons.
“Rather, the statute carves out from the general prohibition of felons’ possession of firearms a narrow exception for applicants to be granted a license by an executive agency,” Warren wrote.
Bouchard’s attorney could not be reached for comment Friday.