Maine GOP lawmakers push plan to restore gun rights
(The Center Square) — Maine Republican lawmakers are pushing a proposal that would restore the Second Amendment rights of individuals who have committed nonviolent felonies in the past but are blocked from owning a firearm.
The legislation, which was "carried over" from the previous session, calls for establishing a process for non-violent felons to petition the State of Maine to restore their gun ownership rights. If approved, the Maine
Department of Public Safety would be required to review such requests on a case-by-case basis and issue a judgment regarding whether the individual should have their rights restored.
The bill's primary sponsor, state Rep. Chad Perkins, R, Dover-Foxcroft, said the proposal stemmed from conversations he has had over the years with people who have been blocked from exercising their Second Amendment rights because they were arrested for a non-violent felony. He said people convicted of violent crimes involving firearms wouldn't be allowed to petition for their rights to be restored.
"These are people who made a stupid mistake earlier in life, a crime for which they have adequately paid their debt to society, yet were still disenfranchised from one of their basic civil rights, a right enumerated in the Bill of Rights and protected by the constitution," he said in recent testimony on the bill before the Judiciary Committee.
Aside from getting a pardon from the governor, Maine lacks a formal process for restoring Second Amendment rights, he noted, and the inability to get a firearm license prevents those individuals from hunting and defending their homes.
"They cannot hunt a moose like you or I can, or go hunting for grouse with their grandkids," Perkins told the panel. "Nor can they obtain the means to adequately defend their home and family if needed."
Gun Owners of Maine President Laura Whitcomb said one of the most frequent requests for assistance the group gets is from individuals seeking to restore their firearm rights after having lost them years ago due to a nonviolent incident.
"We believe there are some individuals, as clearly outlined in this process, who have paid the price for mistakes and or missteps earlier on in their life, and deserve a chance at the restoration of their rights," she said in testimony earlier this year.
"The thing about court rulings is, you may not agree with the court’s opinion, but this Legislative committee, more than any other, has a duty and obligation to respect and preserve liberty, even when you disagree," he told the panel in testimony. "This matter is easy to rectify, create a system for restitution of rights that balances public safety and liberty."
The bill faces an uncertain path in the state Legislature. On Friday, the Judiciary Committee's Democratic majority voted that the bill ought not to pass, despite support from the panel's Republican minority. The bill must still come up for a vote in the full Legislature, and even if it passes it would face the possibility of a veto by Democratic Gov. Janet Mills.
The state Department of Public Safety said it currently lacks the manpower to handle requests for restoring gun rights to convicted felons and suggested individuals would still be banned under federal law from owning a firearm, which could create jurisdictional issues.
"With this restoration of rights individuals would be able to make firearms purchases in Maine but not necessarily outside Maine," State Police Lt. Mathew Casavant said in testimony against the bill. "Each state is a little different in what they accept for restoration of rights. This could create confusion with individuals believing they can purchase and possess firearms again with no restrictions."
The Maine Prosecutors Association is also among the law enforcement groups lobbying lawmakers to reject the legislation, saying it would increase the "likelihood of putting firearms back in the hands of people that prosecutors intentionally bargained to make them a lifetime prohibited person for safety reasons."