Right to counsel - gun restrictions
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Legislation, Other subject area
For proceedings to determine if a person taken into protective custody by law enforcement is subject to restrictions related to the use of firearms, Me. Rev. Stat. Ann. tit. 34-B §3862-A(6)(A) provides that “The restricted person has the right to be represented by counsel at the hearing, and the court may appoint counsel for an indigent party.”
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
discretionary
yes