Gun laws in Maine explained

Gun laws in Maine regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Maine.[1] [2]

Summary table

Subject / law LonggunsHandguns Relevant statutes Notes
State permit required to purchase? No No
Firearm registration? No No 25 M.R.S. § 2014
Assault weapon law? No No
Magazine capacity restriction? No No
Owner license required? No No
Red flag law? Yes Yes 34-B M.R.S. § 3862-A
Permit required for concealed carry? N/A No 25 M.R.S. § 2001-A
25 M.R.S. § 2003
Maine is a "shall issue" state for citizens and lawful permanent residents who are 18 years or older.
Permitless carry took effect on October 12, 2015.
Permit required for open carry? No No May carry openly without permit, except in state parks and some other locations.
Castle Doctrine/Stand Your Ground law? No No 17-A M.R.S. § 108
State preemption of local restrictions? Yes Yes 25 M.R.S. § 2011
NFA weapons restricted? No No
Shall certify? Yes Yes 25 M.R.S. § 2013 Shall certify within 15 days.
Peaceable Journey laws? No No
Background checks required for private sales? No No
Duty to inform? No Yes 25 M.R.S. § 2003-A Only when carrying without a permit.

State constitutional protection

Article I, Section 16 of the Constitution of Maine states:

"Every citizen has a right to keep and bear arms and this right shall never be questioned."

State provisions and prohibitions

Concealed carry

Maine[6] [7] is a constitutional carry (permitless concealed or open carry) and "shall issue" state for concealed carry. The issuing authority for permits are the local police, or the state police. As of October 15, 2015, a permit is not needed to carry a firearm – concealed or open – in the state of Maine, provided that the carrier is legally allowed to own a gun and is over 21 or a member or veteran of the military and over age 18. Concealed carry permits are still available (and are needed in order to legally carry weapons in various other states with which Maine has reciprocity agreements as well as for those under 21); such permits shall be issued within 30 days to a qualified applicant (who has to show proficiency in the use of pistols) and who has been a Maine resident for at least five years, or within 60 days to a nonresident or a resident for less than five years. The permit is valid for four years.

Open carry

Open carry is allowed without a permit. However, it is not lawful in establishments licensed to serve alcohol for consumption on premises (bars, clubs, certain restaurants and so on) provided there is a "no firearms" sign posted in a manner reasonably likely to come to the attention of patrons or if the carrier of firearms is under the influence of alcohol or drugs by the same standards as apply for operating a motor vehicle.[8] Open carry is not lawful in Federal buildings.[9] [10] [11] [12] Maine honors concealed carry permits from several other states.[13]

Hunting

For hunters, a semi-automatic firearm's magazine capacity can not exceed 6 cartridges (5 in the magazine +1 in the chamber). For migratory game bird hunting, shotgun capacity is 3 shells.[14] Upland bird hunting follows the semi-automatic laws. This is stated in Maine hunting law, but not Maine firearm law. Firearms, even if by definition it qualifies as a "hunting firearm", have no magazine capacity restriction. It only becomes a crime if one actively, or has previously, hunted while violating the magazine capacity restriction. These provisions do not apply to .22 caliber rimfire guns or to auto-loading pistols with a barrel length of less than 8 inches.[15] Maine allows the use of suppressors (also known as "silencers") for hunting, subject to the acquiring a permit.[16]

Notes and References

  1. https://www.nraila.org/gun-laws/state-gun-laws/maine/ "State Gun Laws: Maine"
  2. http://smartgunlaws.org/maine-state-law-summary/ "Maine State Law Summary"
  3. Web site: LD 35 Prohibits Maine Employers from Banning Concealed Guns in Vehicles on Workplace Property . October 19, 2011 . Elizabeth A. . Olivier . Preti Flaherty Beliveau and Pachios .
  4. Web site: Ten Questions On Every Employer's Mind About Maine's New Bring Your Gun To Work Law . Verrill Dana LLP . martindale.com . LexisNexis . July 14, 2011 .
  5. Web site: Paris selectmen adopt Second Amendment Sanctuary Town resolution. Journal. Jon BolducSun. May 29, 2019. Lewiston Sun Journal. June 5, 2019.
  6. Web site: Bureau of Alcohol, Tobacco, and Firearms – State Firearms Laws – Maine . December 11, 2011 . May 3, 2006 . https://web.archive.org/web/20060503225706/http://www.atf.treas.gov/firearms/statelaws/23rdedition/maine.pdf . dead .
  7. Web site: Search the Maine Statutes – "firearm" . Janus.state.me.us . October 1, 2010 . November 23, 2011.
  8. Web site: Title 17-A, §1057: Possession of firearms in an establishment licensed for on-premises consumption of liquor.
  9. Web site: Maine State Police – Weapons Permits & Professional Licensing . Maine.gov . November 23, 2011 . November 23, 2011 . https://web.archive.org/web/20111123061917/http://www.maine.gov/dps/msp/licenses/weapons_permits.html . dead .
  10. Web site: State of Maine Laws Relating to Permits to Carry Concealed Firearms . November 23, 2011.
  11. Web site: Mainecarry.com . April 10, 2022 . February 3, 2017 . https://web.archive.org/web/20170203163711/http://www.mainecarry.com/ . dead .
  12. Web site: Maine Concealed Carry Permit Information on . Usacarry.com . November 23, 2011.
  13. http://www.maine.gov/dps/msp/licenses/weapons_permits.html "Concealed Handgun Permits"
  14. Web site: Title 12, §11214: Unlawful use or possession of implements or aids.
  15. 2013–14 Maine Hunting & Trapping Guide
  16. Web site: Title 12, §11161: Noise suppression devices.