LD 2001
pg. 3
Page 2 of 12 An Act To Implement Recommendations of the Criminal Law Advisory Commission ... Page 4 of 12
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LR 3078
Item 1

 
or defect insanity, or of the equivalent in a juvenile case, by a
court of competent jurisdiction.

 
Sec. 3. 15 MRSA §393, sub-§3, as amended by PL 2005, c. 419, §10 and
affected by §12, is further amended to read:

 
3. Contents. An application under subsection 2 must be on a
form prepared by the Commissioner of Public Safety. The
application must include the following: the applicant's full
name; all aliases; date and place of birth; place of legal
residence; occupation; make, model and serial number of the
firearm or crossbow sought to be possessed; date, place and
nature of conviction; sentence imposed; place of incarceration;
name and address of probation or parole officer; date of
discharge or release from prison or jail or termination of
probation, supervised release for sex offenders, parole or
administrative release; the reason for the request; and any other
information determined by the commissioner to be of assistance.
The application must be accompanied by certified or attested
copies of the indictment, information or complaint, judgment and
commitment and discharge that are the subject of the conviction.

 
Sec. 4. 15 MRSA §393, sub-§7, ¶B, as enacted by PL 2001, c. 549, §4,
is amended to read:

 
B. "Not criminally responsible by reason of mental disease
or defect insanity" has the same meaning as used in Title
17-A, section 39 103 and includes the former finding in this
State under former provisions of section 103 of "not guilty
by reason of mental disease or defect excluding
responsibility" as well as any comparable finding under the
laws of the United States or any other state.

 
Sec. 5. 15 MRSA §393, sub-§8, as amended by PL 2001, c. 549, §5, is
further amended to read:

 
8. Penalty. A violation of subsection 1, paragraph A-1 or C
is a Class C crime. A violation of subsection 1, paragraph D is
a Class D crime. A violation of subsection 1-A by a person at
least 18 years of age is a Class C crime.

 
For the purposes of this subsection, a person is deemed to have
been convicted upon the acceptance of a plea of guilty or nolo
contendere or a verdict or finding of guilty, or the equivalent
in a juvenile case, by a court of competent jurisdiction.

 
Sec. 6. 17-A MRSA §352, sub-§5, ¶D, as amended by PL 2005, c. 199, §3,
is further amended to read:


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