3 Ways You Can Lose Your Firearm in Maine
The State of Maine has a strong and enduring tradition of the right to own and possess firearms for protection, sport, and hunting. Unfortunately, there are many situations that can lead to the loss of this right, as well as prosecution. If you feel that your Maine gun rights are in jeopardy, or that you may be violating the law, it would be wise to consult with a Maine criminal defense lawyer.
Three of the most commons bases for which a person can lose the right to possess a gun are:
1) Any Conviction for a Felony Crime. Under federal law, anyone “who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year” cannot possess a firearm. 18 U.S.C. § 922(g)(1).
2) Conviction on a Domestic Violence Charge. The Lautenburg Amendment is a gun ban for individuals convicted of a misdemeanor domestic violence crime. The amendment states, “[i]t shall be unlawful for any person … who has been convicted in any court of a misdemeanor crime of domestic violence to own a firearm or ammunition.” 18 U.S.C. § 922(g)(9).
3) Frequent Users of Illegal Drugs. Any person “who is an unlawful user of or addicted to any controlled substance” is banned from possessing firearms. 18 U.S.C. § 922(g)(3). Thus, a person with multiple controlled substance convictions, including marijuana, or ordered by a court to engage in drug rehabilitation, may be subject to the provisions of this statute.
While analyzing the details of your case during your free and confidential legal consultation, we will discuss the impact any court decision may have on your ability to possess a firearm, whether for protection, sport, or hunting. As a seasoned and experienced Maine criminal defense lawyer, Richard S. Berne will vigorously defend your right to own and possess a firearm from encroachment by the state.