Correcting the record on PFAs, guns

In the Feb. 3 column “Abuser’s right to own guns vague,” Renee Ordway asserts that the federal law prohibiting those who have a Protection From Abuse Order against them from possessing firearms is rarely enforced. Fortunately, this is not the case in Maine.

My office, which is responsible for the enforcement of federal laws in Maine, has vigorously enforced this statute since it was enacted in 1994. Contrary to Ms. Ordway’s statement implying that anyone who possesses a gun with a PFA against him or her is in violation of federal law, the law applies only in certain circumstances.

First, the person against whom the PFA has been ordered must have had actual notice and an opportunity to be heard at the PFA hearing. Persons who have PFAs entered against them by a judge without notice to them and solely on the statements of the victim – or ex parte orders to use the legal term – are not prohibited under federal law from possessing a gun.

Furthermore, the judge signing the PFA order must include a specific finding that the person represents a credible threat to the physical safety of the victim or must include an explicit prohibition against the use of force that would reasonably be expected to cause injury. Again, if the judge issuing the PFA does not make these specific findings, the person is not prohibited under federal law from possessing a gun.

Domestic violence is repeatedly recognized by law enforcement as Maine’s number one violent crime problem. In 2001, I formed Maine’s Project Safe Neighborhoods Task Force whose mission is to reduce gun violence in Maine through prosecution, outreach and training. The Task Force has targeted the issue of domestic violence and made the vigorous prosecution of those who possess a gun after having been convicted of domestic violence, and those who possess a gun while subject to a qualifying PFA a priority.

We have also done radio and TV spots to educate Maine citizens about the federal gun laws. In addition, we have worked with the Maine District Court to amend Maine’s PFA form to include the necessary language that, if checked by the judge, will prohibit the possession of a gun during the time the PFA is in effect.

Not surprisingly, as a result of these efforts, my office, with the assistance of agents from the Bureau of Alcohol, Tobacco and Firearms, who investigate federal gun crimes, is one of the leading U. S. Attorney’s Offices nationwide in the prosecution of federal domestic violence firearms offenses.

Domestic violence is a scourge in our society and our state. My office is committed to doing everything the federal criminal laws allow to assist in the battle against Maine’s number one crime problem. This includes the vigorous enforcement of federal law prohibiting those who possess guns while subject to a PFA.

Paula D. Silsby is the United States attorney for Maine.