Drizzt
Member
Sportsmen support plan to disarm abuse suspects
By PAUL CARRIER, Portland Press Herald Writer
AUGUSTA — Advocates for domestic violence victims have found what looks like a winning formula in their bid to crack down on gun possession by suspected abusers, after failing at least twice in recent years to push a similar gun-control bill through the Legislature. Their proposal would allow state judges to force some suspected abusers to give up their guns when the courts issue temporary protection orders against them. Judges already have that power when issuing permanent protection-from-abuse orders.
The newest legislation is a bit different from the bills that were defeated a few years ago, but the biggest change is that the Sportsman's Alliance of Maine now supports the bill. The fact that SAM, which opposed the previous bills, backs this one is expected to defuse opposition from gun owners and pave the way for passage. Gov. John Baldacci also supports the bill.
Speaker after speaker who praised the bill during a State House news conference Monday thanked SAM for its support, underscoring the political significance of the alliance's involvement. A spokesman said the group has endorsed the bill because it contains safeguards for gun owners that were not in previous versions.
Until now, gun owners have successfully opposed extending judges' power to take away guns in cases involving temporary protection orders.
That's because the courts do not issue permanent protection orders until they hold formal hearings, so the accused can defend themselves. Temporary protection orders are issued simply in response to abuse complaints, without hearings. Gun owners have long argued that it is wrong and even unconstitutional for the government to seize anyone's property without a formal judicial proceeding.
The bill introduced on Monday by Attorney General Steven Rowe would impose what Rowe called "a higher standard" on the courts before they could order suspected abusers to give up their guns. The courts could seize guns when issuing temporary orders only if the alleged abuse involved dangerous weapons or there was "a heightened risk" of future abuse to an accuser or a child.
"This bill will not end domestic violence," Rowe said. "But it will help prevent serious crimes."
Still, the proposed law will not be foolproof, because the courts can order accused abusers to give up their guns only when judges know the guns exist. The only way judges will know if abusers have guns is if victims or police tell them. Victims and police do not always have that information, said Lois Galgay Reckitt of Family Crisis Services in Portland.
If alleged abusers who have been ordered to get rid of their guns file motions to rescind or modify temporary protection orders, the legislation says, the courts "must hear and decide the motion as expeditiously as possible" and issue a written decision within 24 hours of the hearing.
That is designed to address gun owners' concerns that accused abusers could lose their guns for a long time before they get their day in court. Temporary protection orders are effective for as long as three weeks.
In another concession, the bill allows alleged abusers who have been ordered to get rid of their guns to turn them over to friends.
A gun owner who does that would have to give the court or police the name and address of that friend. The court could order the police to seize weapons that have not been turned over to someone else.
Rowe said on Monday that the option of relinquishing weapons to a friend, rather than to the police, is important to gun owners because they have "a concern about the care of the weapon" once it has been seized, especially if it is a particularly valuable gun.
"This bill is very different than the others were," said Ed Pineau, a lobbyist for the Sportsman's Alliance and a member of its board of directors.
"It wasn't hard to get SAM on board" by making changes to address its concerns, Pineau said, because Maine sportsmen "are not against taking the guns of bad guys."
A hearing has not yet been held on the new bill, but hearings have been held on other firearms bills, which are working their way through the legislative process.
The Legislature's Criminal Justice Committee has effectively killed two bills to loosen the state's regulation of concealed weapons. One would have allowed gun owners to carry concealed weapons without permits. The other would have allowed victims of domestic violence to carry concealed weapons without permits.
The same committee has voted 12-1 against two other concealed-weapon bills that have not yet reached the House or the Senate. One would allow anyone who meets concealed-weapon requirements in another state to carry a concealed weapon in Maine. The other would allow applicants for concealed-weapon permits to appeal to the state police when municipal officials reject their applications.
Also pending in the Criminal Justice Committee are two bills supported by gun-control advocates.
One of those bills would raise from 16 to 18 the age at which Mainers can acquire handguns from individuals. The other would force individuals who sell guns at gun shows to run background checks on prospective buyers, as federal law requires licensed dealers to do.
http://www.pressherald.com/news/statehouse/030415gunbill.shtml
By PAUL CARRIER, Portland Press Herald Writer
AUGUSTA — Advocates for domestic violence victims have found what looks like a winning formula in their bid to crack down on gun possession by suspected abusers, after failing at least twice in recent years to push a similar gun-control bill through the Legislature. Their proposal would allow state judges to force some suspected abusers to give up their guns when the courts issue temporary protection orders against them. Judges already have that power when issuing permanent protection-from-abuse orders.
The newest legislation is a bit different from the bills that were defeated a few years ago, but the biggest change is that the Sportsman's Alliance of Maine now supports the bill. The fact that SAM, which opposed the previous bills, backs this one is expected to defuse opposition from gun owners and pave the way for passage. Gov. John Baldacci also supports the bill.
Speaker after speaker who praised the bill during a State House news conference Monday thanked SAM for its support, underscoring the political significance of the alliance's involvement. A spokesman said the group has endorsed the bill because it contains safeguards for gun owners that were not in previous versions.
Until now, gun owners have successfully opposed extending judges' power to take away guns in cases involving temporary protection orders.
That's because the courts do not issue permanent protection orders until they hold formal hearings, so the accused can defend themselves. Temporary protection orders are issued simply in response to abuse complaints, without hearings. Gun owners have long argued that it is wrong and even unconstitutional for the government to seize anyone's property without a formal judicial proceeding.
The bill introduced on Monday by Attorney General Steven Rowe would impose what Rowe called "a higher standard" on the courts before they could order suspected abusers to give up their guns. The courts could seize guns when issuing temporary orders only if the alleged abuse involved dangerous weapons or there was "a heightened risk" of future abuse to an accuser or a child.
"This bill will not end domestic violence," Rowe said. "But it will help prevent serious crimes."
Still, the proposed law will not be foolproof, because the courts can order accused abusers to give up their guns only when judges know the guns exist. The only way judges will know if abusers have guns is if victims or police tell them. Victims and police do not always have that information, said Lois Galgay Reckitt of Family Crisis Services in Portland.
If alleged abusers who have been ordered to get rid of their guns file motions to rescind or modify temporary protection orders, the legislation says, the courts "must hear and decide the motion as expeditiously as possible" and issue a written decision within 24 hours of the hearing.
That is designed to address gun owners' concerns that accused abusers could lose their guns for a long time before they get their day in court. Temporary protection orders are effective for as long as three weeks.
In another concession, the bill allows alleged abusers who have been ordered to get rid of their guns to turn them over to friends.
A gun owner who does that would have to give the court or police the name and address of that friend. The court could order the police to seize weapons that have not been turned over to someone else.
Rowe said on Monday that the option of relinquishing weapons to a friend, rather than to the police, is important to gun owners because they have "a concern about the care of the weapon" once it has been seized, especially if it is a particularly valuable gun.
"This bill is very different than the others were," said Ed Pineau, a lobbyist for the Sportsman's Alliance and a member of its board of directors.
"It wasn't hard to get SAM on board" by making changes to address its concerns, Pineau said, because Maine sportsmen "are not against taking the guns of bad guys."
A hearing has not yet been held on the new bill, but hearings have been held on other firearms bills, which are working their way through the legislative process.
The Legislature's Criminal Justice Committee has effectively killed two bills to loosen the state's regulation of concealed weapons. One would have allowed gun owners to carry concealed weapons without permits. The other would have allowed victims of domestic violence to carry concealed weapons without permits.
The same committee has voted 12-1 against two other concealed-weapon bills that have not yet reached the House or the Senate. One would allow anyone who meets concealed-weapon requirements in another state to carry a concealed weapon in Maine. The other would allow applicants for concealed-weapon permits to appeal to the state police when municipal officials reject their applications.
Also pending in the Criminal Justice Committee are two bills supported by gun-control advocates.
One of those bills would raise from 16 to 18 the age at which Mainers can acquire handguns from individuals. The other would force individuals who sell guns at gun shows to run background checks on prospective buyers, as federal law requires licensed dealers to do.
http://www.pressherald.com/news/statehouse/030415gunbill.shtml
