LD 1938
pg. 1
LD 1938 Title Page An Act To Protect Victims of Domestic Violence LD 1938 Title Page
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LR 2571
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 19-A MRSA §4012, sub-§9 is enacted to read:

 
9.__Notification of attempted purchase of firearm.__When the
Department of Public Safety receives notification from a federal
agency that a background criminal records check conducted
pursuant to 18 United States Code, Section 922 indicates that the
potential buyer or transferee is prohibited from receipt or
possession of a firearm pursuant to a temporary or final
protection from abuse order, the department shall make every
reasonable effort to promptly notify both the individual intended
to be protected by the protection from abuse order and the police
department in the municipality in which that individual resides
of the information received from the federal agency.

 
Sec. 2. 19-A MRSA §4012, sub-§10 is enacted to read:

 
10.__Liability for damages.__The State, a political
subdivision of the State or a law enforcement officer is not
liable for damage that may be caused by the failure or inability
to inform an individual who is the subject of a protection from
abuse order in accordance with subsection 9.__Nothing in this
subsection may be construed to prevent the State or a political
subdivision of the State from pursuing disciplinary action in
accordance with the law and rules and regulations adopted
thereto.

 
SUMMARY

 
This bill requires the Department of Public Safety, upon
learning through a criminal background check that an individual
subject to a protection from abuse order has illegally attempted
to purchase a firearm, to share the information with the
individual who is intended to be protected by the order and the
local police so that adequate precautions can be taken to
minimize the risk of further domestic violence. The bill also
specifies that the State, a political subdivision of the State or
a law enforcement officer may not be held liable for damage that
may be caused by the failure or inability to inform an individual
who is the subject of a protection from abuse order in accordance
with this bill.


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