§ 15 §393 — Possession of firearms prohibited for certain persons

1.
Possession prohibited.
A person may not own, possess or have under that person's control a firearm, unless that person has obtained a permit under this section, if that person:
1-A.
Limited prohibition for nonviolent juvenile offenses.
A person who has been adjudicated in this State or under the laws of another jurisdiction to have engaged in conduct as a juvenile that, if committed by an adult, would have been a disqualifying conviction under subsection 1, paragraph A‑1 or subsection 1‑B, paragraph A but is not an adjudication under subsection 1, paragraph C or an adjudication under subsection 1‑B, paragraph B in which bodily injury to another person was threatened or resulted may not own or have in that person's possession or control a firearm for a period of 3 years following completion of any disposition imposed or until that person reaches 18 years of age, whichever is later. Violation of this subsection by a person at least 18 years of age is a Class C crime.
1-B.
Prohibition for domestic violence offenses.
A person may not own, possess or have under that person's control a firearm if that person:
2.
Application after 5 years.
A person subject to the provisions of subsection 1, paragraph A‑1, subparagraphs (1) to (4) or paragraph C as a result of a conviction or adjudication may, after the expiration of 5 years from the date that the person is finally discharged from the sentences imposed as a result of the conviction or adjudication, apply to the Office of the Governor for a permit to carry a firearm subject to subsection 4. That person may not be issued a permit to carry a concealed handgun pursuant to Title 25, chapter 252. A permit issued pursuant to this subsection is valid for 4 years from the date of issue unless sooner revoked for cause by the Governor. For purposes of this subsection, "firearm" does not include a firearm defined under 18 United States Code, Section 921(a)(3).
3.
Contents.
An application under subsection 2 must be on a form prepared by the Office of the Governor. The application must include the following: the applicant's full name; all aliases; date and place of birth; place of legal residence; occupation; make, model and serial number of the firearm sought to be possessed; date, place and nature of conviction; sentence imposed; place of incarceration; name and address of probation or parole officer; date of discharge or release from prison or jail or termination of probation, supervised release for sex offenders, parole or administrative release; the reason for the request; and any other information determined by the Governor to be of assistance. The application must be accompanied by certified or attested copies of the indictment, information or complaint, judgment and commitment and discharge that are the subject of the conviction.
4.
Notification, objection and decision.
Upon receipt of an application, the Office of the Governor shall determine if the application is in proper form. If the application is proper, the Governor shall within 30 days notify in writing the sentencing or presiding judge, the Attorney General, the district attorney for the county where the applicant resides, the district attorney for the county where the conviction occurred, the law enforcement agency that investigated the crime, the chief of police and sheriff in the municipality and county where the crime occurred and the chief of police and sheriff in the municipality where the applicant resides as of the filing of the application. The Governor may direct any appropriate investigation to be carried out.
4-A.
Application for relief.
Except as otherwise provided, a person subject to the federal prohibition against possession of firearms pursuant to 18 United States Code, Section 922(g)(4) as a result of being adjudicated a mental defective may, after the expiration of 5 years from the date of final discharge from commitment, apply to the commissioner for relief from the disability.
5.
Appeal.
Any person to whom a permit under subsection 2 has been denied may file a petition for review pursuant to Title 5, chapter 375, subchapter 7.
6.
Filing fee.
The commissioner may establish a reasonable filing fee not to exceed $25 to defray costs of processing applications.
7.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
8.
Penalty.
9.
Prima facie evidence.
Notwithstanding any other law or rule of evidence, a copy of a court abstract provided by a court to the Department of Public Safety, State Bureau of Identification pursuant to Title 34‑B, section 3864, subsection 12, if certified by the custodian of the records of that bureau, or the custodian's designee, is admissible in a criminal prosecution brought pursuant to this section as prima facie evidence that the person identified in the abstract has been involuntarily committed by the court issuing the abstract and has been provided the notice required in Title 34‑B, section 3864, subsection 5, paragraph A‑1 and Title 34‑B, section 3864, subsection 13.
10.
Subpoena power.
The commissioner is authorized to issue a subpoena in the name of the commissioner in accordance with Title 5, section 9060, except that this authority applies to any stage of an investigation under this section and is not limited to an adjudicatory hearing. If a witness refuses to obey a subpoena or to give any evidence relevant to proper inquiry by the commissioner, the Attorney General may petition the Superior Court in the county where the refusal occurred to find the witness in contempt. The Attorney General shall cause to be served on that witness an order requiring the witness to appear before the Superior Court to show cause why the witness should not be adjudged in contempt. The court shall, in a summary manner, hear the evidence and, if it is such as to warrant the court in doing so, punish that witness in the same manner and to the same extent as for contempt committed before the Superior Court or with reference to the process of the Superior Court.
11.
Rules.
The commissioner may adopt rules to implement the provisions of subsections 2 to 4‑A. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A.

Legislative History

PL 1965, c. 327, §2 (AMD). PL 1977, c. 225, §2 (RPR). PL 1977, c. 564, §§72,73 (AMD). PL 1985, c. 478, §1 (AMD). PL 1989, c. 917, §1 (AMD). PL 1993, c. 368, §1 (AMD). PL 1993, c. 368, §§2,3 (AMD). PL 1997, c. 334, §§1-3 (AMD). PL 1997, c. 462, §1 (AMD). PL 1997, c. 683, §B8 (AMD). PL 2001, c. 549, §§2-5 (AMD). PL 2005, c. 419, §§7-10 (AMD). PL 2005, c. 419, §12 (AFF). PL 2005, c. 527, §§2-5 (AMD). PL 2007, c. 194, §§1-4 (AMD). PL 2007, c. 670, §§4-15 (AMD). PL 2007, c. 670, §24 (AFF). PL 2009, c. 503, §§1, 2 (AMD). PL 2009, c. 651, §1 (AMD). PL 2011, c. 541, §1 (AMD). PL 2013, c. 424, Pt. A, §5 (AMD). PL 2013, c. 519, §1 (AMD). PL 2015, c. 287, §§1-5 (AMD). PL 2015, c. 470, §§1-4 (AMD). PL 2017, c. 206, §§1-3 (AMD). PL 2017, c. 227, §1 (AMD). PL 2017, c. 432, Pt. A, §1 (AMD). PL 2017, c. 475, Pt. A, §21 (AMD). PL 2019, c. 411, Pt. C, §2 (AMD). PL 2019, c. 411, Pt. D, §3 (AFF). PL 2021, c. 608, Pt. B, §§1-10 (AMD). PL 2023, c. 381, §1 (AMD). PL 2023, c. 491, §§1-8 (AMD). PL 2023, c. 675, §1 (AMD). IB 2025, c. 1, §1 (AMD).