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Restoration of Rights
Title 15 M.R.S. § 393(4-A) sets forth a process for applying for relief from one particular Federal prohibition against possession of firearms and ammunition. The specific prohibition is based on involuntary commitment to a hospital. 18 U.S.C. § 922(g)(4). However, the Federal government has determined that Maine’s process is not in complete compliance with the NICS Improvement Amendments Act of 2007. Thus, even if the Commissioner were to grant an application submitted by a person pursuant to the Maine statute, the person would still be prohibited from possessing firearms and ammunition under Federal law.
Because of the Federal determination, the Maine law has no effect on the federal prohibition. The Commissioner does not wish to create the impression that the process has some legal effect, and does not wish citizens to incur the cost of application unnecessarily. Accordingly, the Commissioner is not currently accepting applications made pursuant to this section.
The prohibition described above is one of a number of Maine and Federal prohibitions. The State and Federal laws are not entirely consistent. In general, see 15 M.R.S. § 393 and 18 U.S.C. § 922. In addition, other jurisdictions may have different laws. If you have questions concerning your legal ability to possess firearms or ammunition, you should consult a qualified private attorney about your situation. This agency is not authorized to give legal advice.
45 Commerce Dr., Augusta
Commanding Officer – Lt. Scott W. Ireland – Scott.W.Ireland@maine.gov
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