115 A.3d 92
Me.2015Background
- Bouchard, a convicted felon, applied in April 2013 for a black powder (non-concealed) permit under 15 M.R.S. § 393(2).
- notices were sent to designated officials per § 393(4) requesting objections and reasons within 30 days.
- The District Attorney for Aroostook County objected to the issuance, citing criminal history and firearms concerns.
- The Department denied the permit based on the objection, invoking § 393(4)(A).
- Bouchard challenged the decision via a Superior Court petition for review under the Maine Administrative Procedure Act, § 11001, and M.R. Civ. P. 80C.
- The Superior Court and this Court held § 393(4) does not violate separation of powers, and Bouchard had no constitutional right to the permit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 393(4) constitute unconstitutional delegation? | Bouchard contends improper delegation to notified persons. | State argues the delegation is administrative/ministerial, not legislative. | No unconstitutional delegation. |
| Does § 393(4) preclude meaningful judicial review of denial? | D argues no meaningful review exists after objections. | State contends review limits are consistent with separation of powers. | Not a facial constitutional defect; review not constitutionally required in this context. |
| Is there a constitutional right to possess a firearm for felons under § 393? | Felon bears right to firearm possession under art. I, § 16. | State may prohibit felon possession; Heller supports prohibitions. | Felons have no constitutional right to bear arms in this context; statute valid. |
Key Cases Cited
- Gonzales v. Commissioner, Dept. of Public Safety, 665 A.2d 681 (Me. 1995) (upheld pre-emptive administrative approval framework under § 393(4))
- Laferriere v. State, 697 A.2d 1301 (Me. 1997) (firearm-use case referenced in context of § 393)
- Brown v. State, Dep’t of Manpower Affairs, 426 A.2d 880 (Me. 1981) (limits on constitutional right to review administrative action)
- State v. Boynton, 379 A.2d 994 (Me. 1977) (nondelegation doctrine scope in Maine)
- State v. Dube, 409 A.2d 1102 (Me. 1979) (delegation of quasi-legislative/administrative authority upheld)
- State v. Boyajian, 344 A.2d 410 (Me. 1975) (legitimacy of agency-driven standards)
- Fitanides v. Crowley, 467 A.2d 168 (Me. 1983) (upholding certain administrative exemptions with standards)
- District of Columbia v. Heller, 554 U.S. 570 (U.S. Supreme Court 2008) (recognizes longstanding firearm prohibitions for felons)