s 2003. Permits to carry concealed firearms
1. Criteria for issuing permit.
The issuing authority shall, upon written
application, issue a permit
to carry concealed firearms to an applicant over
whom it has issuing authority
and who has demonstrated good moral character and
who meets the following requirements:
A. Is 18 years of age or older;
B. Is not disqualified
as a permit holder pursuant to Title 15, section 393,
subsections 1 and 2;
C. Repealed. Laws 1993, c. 368, s 4.
D. Submits an application that contains the following:
(1) Full name;
(2) Full current address and addresses for the prior 5 years;
(3) The
date and place of birth, height, weight, color of eyes, color of
hair, sex
and race;
(4) A record
of previous issuances of, refusals to issue and revocations of
a permit
to carry concealed firearms or other concealed weapons by any
issuing
authority in the State or any other jurisdiction. The record of
previous
refusals alone does not constitute cause for refusal and the
record
of previous revocations alone constitutes cause for refusal only as
provided
in section 2005; and
(5) Answers to the following questions.
(a) Is there a formal charging instrument now pending against you in this
or any other jurisdiction for a crime that is punishable by one year or
more imprisonment or for any other crime alleged to have been committed
by you with the use of a dangerous weapon, as defined in Title 17-A,
section 2, subsection 9, or of a firearm against another person?
e a formal charging instrument now
pending against you in this
or any other jurisdiction for a juvenile offense that:
(i) Involves conduct that, if committed by an adult, would be
punishable by one year or more imprisonment and bodily injury to
another person was threatened or resulted; or
(ii) Is alleged to have been committed by you with the use of a
dangerous weapon, as defined in Title 17-A, section 2, subsection 9, or
of a firearm against another person?
(b-1) Is there a formal charging instrument now pending against you in
this or any other jurisdiction for a juvenile offense that involves
conduct that, if committed by an adult, would be punishable by one year
or more imprisonment, other than an offense described in division (b)?
(c) Have you ever been convicted of a crime described in division (a) or
adjudicated as having committed a juvenile offense as described in
division (b)?
(c-1) Have you ever been adjudicated as having committed a juvenile
offense as described in division (b-1)?
(d) Are you a fugitive from justice?
(e) Are you a drug abuser, drug addict or drug dependent person?
(f) Do you have a mental disorder that causes you to be potentially
dangerous to yourself or others?
(g) Have you been adjudicated to be an incapacitated person pursuant to
Title 18-A, Article V, Parts 3 and 4, [FN1] and not had that
designation removed by an order under Title 18-A, section 5-307,
subsection (b)?
(h) Have you been dishonorably discharged from the military forces within
the past 5 years?
(i) Are you an illegal alien?
(j) Have you been convicted of a violation of Title 17-A, section 1057
within the past 5 years?
(k) Have you been adjudicated within the past 5 years as having committed
a juvenile offense involving conduct that, if committed by an adult,
would be a violation of Title 17-A, section 1057?
(l) To your knowledge, have you been the subject of an investigation by
any law enforcement agency within the past 5 years regarding the alleged
abuse by you of family or household members?
(m) Have you been convicted within the past 5 years of 3 or more crimes
punishable by imprisonment of less than one year?
(n) Have you been adjudicated within the past 5 years to have committed
3
or more juvenile offenses involving conduct that, if committed by an
adult, would be punishable by imprisonment of less than one year?
(o) To your knowledge, have you engaged within the past 5 years in
reckless or negligent conduct that has been the subject of an
investigation by a governmental entity?
(p) Have you been convicted within the past 5 years of any Title 17-A,
chapter 45 [FN2] drug crime?
(q) Have you been adjudicated within the past 5 years as having committed
a juvenile offense involving conduct that, if committed by an adult,
would have been a violation of Title 17-A, chapter 45?
(r) Have you been adjudged to have committed the civil violation of
possession of a useable amount of marijuana, butyl nitrite or isobutyl
nitrite in violation of Title 22, section 2383 within the past 5 years?
(s) Have you been adjudicated within the past 5 years as having committed
the juvenile crime defined in Title 15, section 3103, subsection 1,
paragraph B of possession of a useable amount of marijuana, as provided
in Title 22, section 2383?; and
E. Does the following:
(1) At the
request of the issuing authority, takes whatever action is
required
by law to allow the issuing authority to obtain from the
Department
of Mental Health and Mental Retardation, limited to records of
patient
committals to Augusta Mental Health Institute and Bangor Mental
Health
Institute, the courts, law enforcement agencies and the military
information
relevant to the following:
(a) The ascertainment of whether the information supplied on the
application or any documents made a part of the application is true and
correct;
(b) The ascertainment of whether each of the additional requirements of
this section has been met; and
(c) Section 2005;
(2) If a
photograph is an integral part of the permit to carry concealed
firearms
adopted by an issuing authority, submits to being photographed for
that purpose;
(3) If it becomes necessary to resolve any questions as to identity,
submits to having fingerprints taken by the issuing authority;
(4) Submits
an application fee along with the written application to the
proper
issuing authority pursuant to the following schedule:
(a) Resident of a municipality or unorganized territory, $35 for an
original application and $20 for a renewal, except that a person who
paid $60 for a concealed firearms permit or renewal during 1991 or 1992
is entitled to a credit toward renewal fees in an amount equal to $30 for
a person who paid $60 for an original application and $45 for a person
who paid $60 for a permit renewal. The credit is valid until fully
utilized; and
(b) Nonresident, $60 for an original or renewal application, except that
a person who paid $80 for a concealed firearms permit during 1991 or 1992
is entitled to a $20 credit toward permit renewal fees. The credit
is
valid until fully utilized; and
(5) Demonstrates
to the issuing authority a knowledge of handgun safety.
The applicant
may fully satisfy this requirement by submitting to the
issuing
authority, through documentation in accordance with this
subparagraph,
proof that the applicant has within 5 years prior to the date
of application
completed a course that included handgun safety offered by
or under
the supervision of a federal, state, county or municipal law
enforcement
agency or a firearms instructor certified by a private firearms
association
recognized as knowledgeable in matters of firearms safety by
the issuing
authority or by the state in which the course was taken. A
course
completion certificate or other document, or a photocopy, is
sufficient
if it recites or otherwise demonstrates that the course meets
all of
the requirements of this subparagraph.
As an alternative
way of fully satisfying this requirement, an applicant
may personally
demonstrate knowledge of handgun safety to an issuing
authority,
if the issuing authority is willing to evaluate an applicant's
personal
demonstration of such knowledge. The issuing authority is not
required
to offer this 2nd option.
The demonstration
of knowledge of handgun safety to the issuing authority
may not
be required of any applicant who holds a valid State permit to
carry a
concealed firearm as of April 15, 1990 or of any applicant who was
or is in
any of the Armed Forces of the United States and has received at
least basic
firearms training.
2. Complete application;
certification by applicant. The requirements set
out in subsection 1, constitute
a complete application. By affixing the
applicant's signature to the
application, the applicant certifies the
following:
A. That the statements
the applicant makes in the application and any
documents the applicant
makes a part of the application are true and correct;
A-1. That the applicant
understands that an affirmative answer to the
question in subsection
1, paragraph D, subparagraph (5), division (c-1) is
cause for refusal unless
the applicant is nonetheless authorized to possess a
firearm under Title
15, section 393, subsection 1-A;
B. That the applicant
understands that an affirmative answer to one or more
of the questions in
subsection 1, paragraph D, subparagraph (5), divisions
(c) to (k) is cause
for refusal;
B-1. That the applicant
understands that an affirmative answer to one or more
of the questions in
subsection 1, paragraph D, subparagraph (5), divisions
(a), (b), (b-1), (c-1),
(l), (m), (n) and (o) to (s) is used by the issuing
authority, along with
other information, in judging good moral character
under subsection 4;
and
C. That the applicant
understands any false statements made in the
application or in any
document made a part of the application may result in
prosecution as provided
in section 2004.
3. Copy of laws furnished
to applicant. A copy of this chapter and the
definitions from other chapters
which are used in this chapter shall be
provided to every applicant.
3-A. Model forms. The
Attorney General shall develop model forms for the
following:
A. An application for a resident permit to carry concealed firearms;
B. An application for a nonresident permit to carry concealed firearms;
C. A resident permit
to carry concealed firearms of which a photograph is an
integral part;
D. A resident permit
to carry concealed firearms of which a photograph is not
an integral part;
E. A nonresident permit to carry concealed firearms; and
F. Authority to release
information to the issuing authority for the purpose
of evaluating information
supplied on the application.
Each issuing authority shall
utilize only the model forms.
4. Good moral character.
The issuing authority in judging good moral
character shall make its determination
in writing based solely upon information
recorded by governmental entities
within 5 years of receipt of the application,
including, but not limited
to, the following matters:
A. Information of record
relative to incidents of abuse by the applicant of
family or household
members, provided pursuant to Title 19, section 770,
subsection 1;
B. Information of record
relative to 3 or more convictions of the applicant
for crimes punishable
by less than one year imprisonment or one or more
adjudications of the
applicant for juvenile offenses involving conduct that,
if committed by an
adult, is punishable by less than one year imprisonment;
C. Information of record
indicating that the applicant has engaged in
reckless or negligent
conduct; or
D. Information of record
indicating that the applicant has been convicted of
or adjudicated as having
committed a violation of Title 17-A, chapter 45
[FN2] or Title 22,
section 2383, or adjudicated as having committed a
juvenile crime that
is a violation of Title 22, section 2383 or a juvenile
crime that would be
defined as a criminal violation under Title 17-A, chapter
45 if committed by
an adult.
5. Access to confidential
records. Notwithstanding that certain records
retained by governmental entities
are by law made confidential, the records
pertaining to patient committals
to Augusta Mental Health Institute and Bangor
Mental Health Institute, and
records compiled pursuant to Title 19, section
770, subsection 1, which are
necessary to the issuing authority's determination
of the applicant's good moral
character and compliance with the additional
requirements of this section
and of section 2005 shall, at the request of the
issuing authority, be made
available for inspection by and dissemination to the
issuing authority.
6. Repealed. Laws 1993,
c. 524, s 10, eff. March 14, 1994.
7. Repealed. Laws 1993,
c. 524, s 11, eff. March 14, 1994.
8. Term of permit.
All concealed firearm permits are valid for 4 years from
the date of issue, unless
sooner revoked for cause by the issuing authority.
If a permit renewal is issued
before the expiration date of the permit being
renewed or within 6 months
of the expiration date of the permit being renewed,
the permit renewal is valid
for 4 years from the expiration date of the permit
being renewed.
9. Information contained
in permit. Each permit to carry concealed firearms
issued shall contain the following:
The name, address and physical description
of the permit holder;
the holder's signature; the date of issuance; and the
date of expiration.
A permit to carry concealed firearms may additionally
contain a photograph of the
permit holder if the issuing authority makes a
photograph an integral part
of the permit to carry concealed firearms.
10. Validity of permit throughout
the State. Permits issued authorize the
person to carry those concealed
firearms throughout the State.
11. Permit to be in permit
holder's immediate possession. Every permit holder
shall have his permit in his
immediate possession at all times when carrying a
concealed firearm and shall
display the same on demand of any law enforcement
officer. No person charged
with violating this subsection may be adjudicated
as having committed a civil
violation if he produces in court the concealed
firearms permit which was
valid at the time of the issuance of a summons to
court or, if he exhibits the
permit to a law enforcement officer designated by
the summonsing officer not
later than 24 hours before the time set for the
court appearance, no complaint
may be issued.
12. Permit for a resident
of 5 or more years to be issued or denied within 30
days; permit for a nonresident
and resident of less than 5 years to be issued
or denied within 60 days.
The issuing authority, as defined in this chapter,
shall issue or deny, and reply
in writing as to the reason for any denial,
within 30 days of the application
date in the case of a resident of 5 or more
years and within 60 days of
the application date in the case of a nonresident
or in the case of a resident
of less than 5 years. If the issuing authority
does not issue or deny a request
for a permit renewal within the time limits
specified in this subsection,
the validity of the expired permit is extended
until the issuing authority
issues or denies the renewal.
13. Fee waiver. An
issuing authority may waive the permit fee for a permit
issued to a law enforcement
officer certified by the Maine Criminal Justice
Academy.
14. Lapsed permit.
A person may apply for renewal of a permit at the permit
renewal rate at any time within
6 months after expiration of a permit. A
person who applies for a permit
more than 6 months after the expiration date of
the permit last issued to
that person must submit an original application and
pay the original application
fee.
15. Duty of issuing authority;
application fees. The application fees
submitted by the applicant
as required by subsection 1, paragraph E,
subparagraph (4) are subject
to the following.
A. If the issuing authority
is other than the Chief of the State Police, $25
of the fee for an original
application and $15 of the fee for a renewal must
be paid over to the
Treasurer of State.
B. If the Chief of the
State Police is the issuing authority as the designee
of a municipality under
section 2002-A, $25 of the fee for an original
application and $15
of the fee for a renewal must be paid over to the
Treasurer of State.
C. If the Chief of the
State Police is the issuing authority because the
applicant is either
a resident of an unorganized territory or a nonresident,
the application fee
must be paid over to the Treasurer of State. The fee
must be applied to
the expenses of administration incurred by the State
Police.
16. Application fee;
use. The application fee submitted by the applicant as
required by subsection 1,
paragraph E, subparagraph (4) covers the cost of
processing the application
by the issuing authority and the cost of the permit
to carry concealed firearms
issued by the issuing authority.