Amend the bill by striking out all of section 1 (page 1, lines 2 to 11 in L.D.) and inserting in its place the following:
‘Sec. 1. 15 MRSA §1023, sub-§4-A is enacted to read:
Amend the bill in section 2 in paragraph A by striking out all of subparagraph (8) (page 2, lines 8 and 9 in L.D.) and inserting in its place the following:
‘(8) Refrain from possessing a firearm or other dangerous weapon;
’ (8-A) If a condition is imposed pursuant to section 1023, subsection 4-A, refrain from possessing a firearm or other specified dangerous weapons until further order of a court;
Amend the bill by striking out all of sections 3 to 7.
summary
This amendment is the minority report and implements some of the recommendations, with changes, proposed by the working group concerning domestic violence and firearms established under Resolve 2009, chapter 86. Specifically, the amendment requires bail commissioners to impose a bail condition in all domestic violence cases that the person on bail refrain from possessing firearms or other specified dangerous weapons. The amendment deletes from the bill changes to the Maine Revised Statutes, Title 15, section 1026, subsection 3, paragraph A, subparagraph (8), leaving the current law in place that allows bail commissioners to continue to impose conditions banning the possession of all dangerous weapons. The amendment adds a new Title 15, section 1026, subsection 3, paragraph A, subparagraph (8-A) that states that if a condition is imposed under bail pursuant to Title 15, section 1023, subsection 4-A, the bail commissioner may impose the condition of refraining from possessing a firearm or other specified dangerous weapon until further order of the court.
The amendment also deletes from the bill provisions that mandate that a law enforcement officer seize all firearms in certain warrantless arrest situations and in arrest situations where the officer has probable cause to believe that there has been a criminal violation of a protection order and provisions that require law enforcement agencies to adopt and implement new minimum policy standards for seizure and storage of firearms.