Leaders revisit domestic violence bill

AUGUSTA – Legislative leaders will hear appeals today from lawmakers on more than 90 bills they rejected last month for consideration in the January session of the Legislature.

Among the measures is one aimed at warning Mainers shielded by a protection from abuse order when the abuser tries to buy a gun.

“It’s illegal for somebody to buy a gun if they are under a protection from abuse order,” Sen. Ethan Strimling, D-Portland, said last week. “But we know there have been attempts to buy a gun dozens of times in the last few years by people under an abuse order.”

Gun dealers and retailers now must alert the FBI when anyone who has a protection from abuse order against them tries to buy a gun.

But federal agents often have bigger cases to deal with, and the information does not typically filter down to local police.

So Strimling is proposing a measure that would require local police be notified when the subject of an abuse order tries to buy a gun. The person who obtained the protection order also would be notified.

“We know that for the district attorneys and the FBI, this is not at the top of their list for prosecution, even though to attempt to buy a gun is a crime if you have an abuse order,” he said. “We are looking to help the person that sought the order, to warn them that the attempt was made.”

Gretchen Zeimer with the Bangor-based Maine Coalition to End Domestic Violence said last week the problem is real for hundreds of Mainers, mostly women, who have sought protection from abuse orders.

According to FBI statistics, 47 gun purchases were denied in Maine in 2004 because the person was under an abuse order, up from 23 in 2003, she said.

“This is a safety issue,” Zeimer said. “This is not a gun issue. The fact a person under an abuse order is seeking to buy a gun should send up some red flags, not because they are trying to buy a gun but because of what it means given their history.”

Zeimer said judges do not issue a protection from abuse order without good cause. She said if a person under an abuse order has sought to buy a gun, coupled with the violent behavior that led to the order, it should raise serious safety concerns for everyone.

“In the 46 cases that were reviewed by the [Maine Domestic Abuse] Homicide Review Panel since 1997, 29 of those cases involved firearms,” she said. “We think there is a connection, and we want to have a sort of early warning system here for the victims of abuse.”

Zeimer said notifying local police would also alert them to a possible safety issue. She said if police know the person tried to buy a gun, they are forewarned that the person may become violent again.

“We would hope the person would be arrested and prosecuted,” Strimling said, “but we understand the realities and think this is a good step.”

Strimling faces a tough audience in the ten elected legislative leaders who must decide whether the measure warrants being considered as an “emergency” bill since it was submitted after normal deadlines.

“I am going to give it my best effort,” Strimling said.

He will likely face skepticism, even from members of his own party. Both House Speaker John Richardson, D-Brunswick, and the Senate President, Beth Edmonds, D-Freeport, voted against a wide range of bill proposals in the October bill screening process to limit the workload in the second regular session of the Legislature.

“I am going to look carefully at every bill,” Edmonds said last week. “We cannot let in a bill just because it is a good bill because we do not have the time to deal with that many bills in the short session. I am taking a page from my colleague, Senator (Paul) Davis, (R-Sangerville, the Senate GOP leader) and I am trying to learn how to say no as effectively as he does.”

Davis said it is “easy” to say no, and he hopes other leaders take a strict approach to legislation approved for consideration.

Rep. Davis Bowles, R-Sanford, the House GOP leader, said last week he doubted he would be convinced about the need for Strimling’s proposal.

“I don’t see why this can’t wait until the next session,” he said.

But Zeimer said if any measure should be considered an emergency, it is one that deals with public safety.

“It’s not only victim safety when we talk about domestic violence – it’s anyone around the victim, other family members or in the workplace,” she said. “There is no question domestic violence follows us into the workplace and affects us all.”

Legislative leaders will meet in the Capitol today where lawmakers will be given a brief opportunity to appeal the earlier negative decision of the leaders. With more than 90 appeals, even handling each within five minutes will make for a long day.