PORTLAND – A Washington County man will be able to keep his 87 guns despite his father’s conviction for being a felon in possession of a firearm.
The Maine Supreme Judicial Court unanimously upheld Tuesday a Washington County Superior Court decision to return the firearms to Jamie Pouliot of Machias that were confiscated when his father was arrested in June 2000.
Roland G. Pouliot, 62, co-owner of Main Street Discount in Machias, lost an appeal of his conviction to the state’s high court late last year. He was sentenced in January 2002 to three years, with all but 60 days suspended, and two years of probation after a jury trial.
After his conviction, Maine Superior Court Justice Donald Marden ordered the return of 87 of the 88 firearms seized by police to Jamie Pouliot. The judge concluded that even if Jamie Pouliot had been negligent in permitting his father to have access to the locked room in which the firearms were stored, Jamie Pouliot still had the lawful right to own and possess the guns, according to court documents.
“It’s an important decision for people who may live around someone who has a felony conviction,” said Brett Baber, the Bangor attorney who represented father and son before the state supreme court. “This decision means they don’t have to give up their right to gun ownership if they have a relative who has a conviction, but it doesn’t mean the felon has a right to possess weapons.”
One of the 88 weapons seized was forfeited after it was determined that the elder Pouliot was the owner.
Roland G. Pouliot was convicted in 1975 in Somerset County Superior Court for armed assault and battery and buying stolen property. As a felon, he was prohibited from possessing a firearm.
Comments
comments for this post are closed