An Act To Include Bows and Crossbows as Dangerous Weapons for Purposes of Protection from Abuse Orders
Sec. 1. 19-A MRSA §4006, sub-§2-A, as enacted by PL 2003, c. 372, §2, is amended to read:
(1) The temporary order of protection is not likely to achieve its purpose in the absence of such a condition;
(2) The defendant has violated orders of protection;
(3) Past or present abuse to a victim resulted in injury;
(4) The abuse occurred in public; and
(5) The abuse includes:
(a) Threats of suicide or homicide;
(b) Killing or threatening to kill pets;
(c) An escalation of violence;
(d) Stalking behavior or extreme obsession;
(e) Sexual violence;
(f) Excessive alcohol or drug use; and
(g) Abuse against a pregnant victim.
If the court prohibits the defendant from possessing a firearm , bow, crossbow or other dangerous weapon in a temporary order and if the defendant moves for dissolution or modification of an order pursuant to subsection 7, the court must hear and decide the motion as expeditiously as possible and must issue a written decision on the motion within 24 hours after a hearing on that motion.
If the court prohibits the defendant from possessing a dangerous weapon other than a firearm , bow or crossbow in a temporary order, the court shall specify the type of weapon the defendant is prohibited from possessing.
If the court prohibits the defendant from possessing a firearm , bow, crossbow or other dangerous weapon in a temporary order, the court shall direct the defendant to relinquish, within 24 hours after service of the order on the defendant or such earlier time as the court specifies in the order, all firearms , bows, crossbows and specified dangerous weapons in the possession of the defendant to a law enforcement officer or other individual for the duration of the order. If the weapons are relinquished to an individual other than a law enforcement officer, the defendant must file, within 24 hours after such relinquishment, with the court or local law enforcement agency designated in the order a written statement that contains the name and address of the individual holding the weapons and a description of all weapons held by that individual. The court may subsequently issue a search warrant authorizing a law enforcement officer to seize any firearms , bows, crossbows and other dangerous weapons at any location if there is probable cause to believe such firearms , bows, crossbows or dangerous weapons have not been relinquished by the defendant.
Sec. 2. 19-A MRSA §4007, sub-§1, ¶A-1, as enacted by PL 1997, c. 334, §5, is amended to read:
Sec. 3. 19-A MRSA §4007, sub-§1-A, as enacted by PL 2003, c. 372, §3, is amended to read:
If the court prohibits the defendant from possessing a firearm , bow, crossbow or other dangerous weapon, the court shall direct the defendant to relinquish, within 24 hours after service of the order on the defendant or such earlier time as the court specifies in the order, all firearms , bows, crossbows and specified dangerous weapons in the possession of the defendant to a law enforcement officer or other individual for the duration of the order. If the weapons are relinquished to an individual other than a law enforcement officer, the defendant must file, within 24 hours after such relinquishment, with the court or local law enforcement agency designated in the order a written statement that contains the name and address of the individual holding the weapons and a description of all weapons held by that individual. The court may subsequently issue a search warrant authorizing a law enforcement officer to seize any firearms , bows, crossbows and other dangerous weapons at any location if there is probable cause to believe such firearms , bows, crossbows or dangerous weapons have not been relinquished by the defendant.
SUMMARY
Current law authorizes the court to prohibit a defendant who is subject to a protection from abuse order from possessing a firearm or other dangerous weapon during the duration of the order. This bill amends that law to specifically include bows and crossbows as weapons that the court may prohibit a defendant from possessing during the duration of a protection from abuse order.