Quick Reference
Magazine Capacity Restrictions
Constitutional (Permitless) Carry Allowed
Red Flag Laws
Carry in Alcohol Establishments Allowed
Open Carry Allowed
No Weapons Signs Enforced by Law
NFA Weapons Allowed
Duty to Retreat
Duty to Inform Law Enforcement
"Universal" Background Checks Required
Table of Contents
State Law Summary
Constitution of the State of Maine - Article 1, Section 16
"Every citizen has a right to keep and bear arms."
Maine's firearm law history has evolved significantly, reflecting a strong commitment to gun rights and individual freedoms. In 1985, the state enacted its first concealed carry law, which required individuals to obtain a permit after completing a background check and firearm safety training. This law established a framework that emphasized personal responsibility in firearm ownership. In 2015, Maine further advanced gun rights by passing legislation that allowed "Permitless Carry," enabling law-abiding citizens aged 21 and older to carry concealed firearms without a permit, thereby reinforcing the principle of self-defense. The state has also seen legal cases that support the rights of gun owners, such as State v. Reddick (2002), which upheld the right to bear arms for self-defense. Maine's firearm laws illustrate a dedication to protecting individual rights while promoting responsible ownership and use of firearms in the community.
Permit Eligibility, Training and Application Process
Maine's history of permits to carry concealed firearms began with the passage of its first concealed carry law in 1985, which established a permitting process requiring background checks and safety training for applicants. This framework emphasized responsible gun ownership while providing a legal avenue for self-defense. In 2015, Maine made a significant change by enacting "Permitless Carry" legislation, which allowed individuals aged 21 and older to carry concealed firearms without a permit, reflecting a commitment to personal freedom and self-defense rights. This law maintained the option for residents to obtain a permit for reciprocity with other states, ensuring that those who travel could still benefit from their concealed carry rights. The evolution of concealed carry laws in Maine illustrates the state's focus on individual liberties while promoting responsible firearm ownership.
Maine Permit Eligibility
An applicant must meet the following criteria:
- Is 18 years of age or older.
- Is not disqualified to possess a firearm.
- Submits the required application.
- Does the following:
- At the request of the issuing authority, takes whatever action is required by law to allow the issuing authority to obtain from the Department of Health and Human Services, limited to records of patient committals to Riverview Psychiatric Center and Dorothea Dix Psychiatric Center, the courts, law enforcement agencies and the military information relevant to the following:
- The ascertainment of whether the information supplied on the application or any documents made a part of the application is true and correct;
- The ascertainment of whether each of the additional requirements of this section has been met;
- If a photograph is an integral part of the permit to carry concealed handguns adopted by an issuing authority, submits to being photographed for that purpose;
- If it becomes necessary to resolve any questions as to identity, submits to having fingerprints taken by the issuing authority;
- Submits an application fee along with the written application to the proper issuing authority pursuant to the following schedule:
- Resident of a municipality or unorganized territory, $35 for an original application and $20 for a renewal,
- Nonresident, $60 for an original or renewal application
- At the request of the issuing authority, takes whatever action is required by law to allow the issuing authority to obtain from the Department of Health and Human Services, limited to records of patient committals to Riverview Psychiatric Center and Dorothea Dix Psychiatric Center, the courts, law enforcement agencies and the military information relevant to the following:
- Demonstrates to the issuing authority a knowledge of handgun safety.
Me. Stat. tit. 25 § 2003 (1) (A-E)
Maine Permit Training Requirements
The applicant must demonstrate a knowledge of handgun safety.
The applicant may fully satisfy this requirement by submitting to the issuing authority, through documentation in accordance with this subparagraph, proof that the applicant has within 5 years prior to the date of application completed a course that included handgun safety offered by or under the supervision of a federal, state, county or municipal law enforcement agency or a firearms instructor certified by a private firearms association recognized as knowledgeable in matters of handgun safety by the issuing authority or by the state in which the course was taken. A course completion certificate or other document, or a photocopy, is sufficient if it recites or otherwise demonstrates that the course meets all of the requirements of this subparagraph.
As an alternative way of fully satisfying this requirement, an applicant may personally demonstrate knowledge of handgun safety to an issuing authority, if the issuing authority is willing to evaluate an applicant's personal demonstration of such knowledge. The issuing authority is not required to offer this 2nd option.
The demonstration of knowledge of handgun safety to the issuing authority may not be required of any applicant who holds a valid state permit to carry a concealed firearm as of April 15, 1990 or of any applicant who was or is in any of the Armed Forces of the United States and has received at least basic firearms training.
Me. Stat. tit. 25 § 2003 (1) (E) (5)
Maine Permit Application Process
In Maine, permits are issued by either the State Police Department of Public Safety (DPS) or, in limited circumstances, directly by specific municipalities. All 6 of the following items must be submitted with your application packet:
- Application for a Permit to Carry Concealed Handguns, all 6 pages.
- Authority and Authorization to Release Information forms, all 3 pages
- Witness signature is anyone over the age of 18
- Return forms with the application.
- Application Fee: Checks made out to “Treasurer, State of Maine.”
- Photo: passport quality photograph of yourself: color, approximately 2” x 2” (new and renewal)
- Copy of birth certificate, passport, or INS document. (new applicants)
- Proof of Knowledge of Handgun Safety (HGS): A copy of the Legal Heat certificate of completion you will be issued directly after completing this course.
Permitless Carry Law
The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit.
On 07-09-15 Maine became the 6th state to enact permitless carry, which means that anyone over the age of 21 (or under 21, but over 18 and is on active duty in the Armed Forces) and who is not otherwise prohibited from carrying a firearm may now carry a concealed firearm in Maine without a permit.
Maine law:
Display or carrying prohibited. A person may not, unless excepted by a provision of law:
- Wear under the person's clothes or conceal about the person's person a firearm, slungshot, knuckles, bowie knife, dirk, stiletto or other dangerous or deadly weapon usually employed in the attack on or defense of a person.
Exceptions. The provisions of this section concerning the carrying of concealed weapons do not apply to:
- A handgun carried by a person who is 21 years of age or older and is not otherwise prohibited from carrying a firearm or is 18 years of age or older and under 21 years of age and is on active duty in the Armed Forces of the United States or the National Guard or is an honorably discharged veteran of the Armed Forces of the United States or the National Guard and is not otherwise prohibited from carrying a firearm;
Me. Stat. tit. 25 § 2001-A (1) & (2)
Reciprocity Agreements
State Preemption Laws
State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties.
Maine law:
- Preemption. The State intends to occupy and preempt the entire field of legislation concerning the regulation of firearms, components, ammunition and supplies. Except as provided in subsection 3, any existing or future order, ordinance, rule or regulation in this field of any political subdivision of the State is void.
- Regulation restricted. Except as provided in subsection 3, no political subdivision of the State, including, but not limited to, municipalities, counties, townships and village corporations, may adopt any order, ordinance, rule or regulation concerning the sale, purchase, purchase delay, transfer, ownership, use, possession, bearing, transportation, licensing, permitting, registration, taxation or any other matter pertaining to firearms, components, ammunition or supplies.
- Exception. This section does not prohibit an order, ordinance, rule or regulation of any political subdivision which, with the exception of appropriate civil penalty provisions, conforms exactly with any applicable provision of state law or which regulates the discharge of firearms within a jurisdiction.
25 M.R.S. 252-A §2011
Purchase/Transfer Laws
When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g).
Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law.
In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms.
Maine allows private-party firearm transfers. However, federal law still applies. Therefore, it is unlawful to sell or give a firearm to anyone who:
- You know is under the age of 18
- You know is prohibited from owning a firearm under state/federal law
- Resides in a state other than Maine
Firearm Classification and Accessory Restrictions
COMING SOON!
Magazine Capacity Restrictions
Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds.
Prohibited Areas - Where Firearms Are Prohibited Under State law
Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state.
Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas.
Maine law:
In Maine, you may not carry a handgun, openly or concealed, in:
- Courthouses (17-A MRS §1058)
- State Parks (12 MRS §1803(6 & 7) and Bureau of Parks and Lands Rules Chapter 1)
- Schools (20-A MRS §6552)
- Federal buildings (18 U.S.C. §930)
- State Capitol area (25 MRS §2904 & DPS Rule Chapter 41)
- Private property when prohibited by the property owner.
- Establishments licensed for on-premises consumption of liquor, if the premises are posted. Note that even if there is no posted prohibition, it is illegal to carry on these premises while under the influence of intoxicating liquor or drugs. (17-A MRS §1057)
- Colleges aren’t prohibited places by statute, but statute gives colleges authority to prohibit firearms. Me. Rev. Stat. tit. 20-â€A, §10009
- Licensed Slot Machine Facility (Casino). Code Me. R. 16-633, Ch. 16, § 1
- A person is guilty of unauthorized possession of a firearm in a correctional facility or jail if that person in fact possesses a firearm in a correctional facility or jail or on the premises of the correctional facility or jail. This section does not apply to: A person who has stored a firearm out of sight in a locked motor vehicle that is on the premises of a correctional facility or jail…It is not a defense to a prosecution under this section that the person holds a valid permit to carry a concealed handgun issued under Title 25, chapter 252. (Me. Rev. Stat. tit. 17-A, § 1059)
Although Maine is a constitutional carry state, there are some circumstances where those with a handgun permit will be able to carry concealed in locations or during an activity when an unpermitted person could not. These include:
- Acadia National Park (permit required; 12 MRS §756)
- State Parks (permit required; open carry not permitted; 12 MRS §1803(7))
- Regular archery hunting-deer only (permit required; 12 MRS §11403)
- Employees’ vehicles on work premises (permit required; vehicle must be locked and firearm must not be visible; 26 MRS §600)
Methods of Carry - Open Carry Laws
Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others.
Maine is a traditional open carry state, which means a permit is not required to openly carry a firearm so long as it is not displayed in a threatening manner.
Maine law:
Display or carrying prohibited. A person may not, unless excepted by a provision of law:
- Display in a threatening manner a firearm, slungshot, knuckles, bowie knife, dirk, stiletto or other dangerous or deadly weapon usually employed in the attack on or defense of a person
Me. Stat. tit. 25 § 2001-A (1) (A)
No Weapons Signs
No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing.
In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply.
In Maine, a “No Weapns” sign carries the force of law. Violators of these signs are guilty of criminal trespass.
Maine law:
A person is guilty of criminal trespass if, knowing that that person is not licensed or privileged to do so, that person:
- Enters any place from which that person may lawfully be excluded and that is posted in accordance with subsection 4 or in a manner reasonably likely to come to the attention of intruders or that is fenced or otherwise enclosed in a manner designed to exclude intruders. Violation of this paragraph is a Class E crime; [2001, c. 383, §56(AMD); 2001, c. 383, §156(AFF).]
For the purposes of subsection 1, paragraph C, property is posted if it is marked with signs or paint in compliance with this subsection. Proof that any posted sign or paint marking is actually seen by an intruder gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that such posted sign or paint marking is posted in a manner reasonably likely to come to the attention of intruders.
Me. Stat. tit. 17-A § 402 (1) & (4)
Controlled Substance/Alcohol Laws
Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed.
Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule change that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”
27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3)
Maine law:
A person is guilty of criminal possession of a firearm if:
- Not being a law enforcement officer or a professional investigator licensed under Title 32, chapter 89 and actually performing as a professional investigator, the person possesses any firearm on the premises of a licensed establishment posted to prohibit or restrict the possession of firearms in a manner reasonably likely to come to the attention of patrons, in violation of the posted prohibition or restriction; or
- While under the influence of intoxicating liquor or drugs or a combination of liquor and drugs or with an excessive alcohol level, the person possesses a firearm in a licensed establishment.
Me. Stat. tit. 17-A § 1057 (1)
Vehicle and Transport Laws
Permit reciprocity and other differences between state regulation of firearms can create a difficult landscape for firearm owners to navigate while transporting firearms interstate. In 1968, and again in 1986, Congress set out to help hunters, travelers, and other firearm owners who were getting arrested for merely transporting firearms through restrictive states. To help simplify the complex web of state firearm laws, Congress passed the 1986 Firearm Owners Protection Act (“FOPA”) as part of Senate Bill 2414. The specific “safe harbor” provision of the law, often referred to as the “McClure-Volkmer Rule,” provides some protection for gun owners transporting firearms through restrictive states, subject to strict requirements. This federal law is covered in more detail in the federal law section of this database.
Beyond federal law, the laws of each state will impose additional restrictions, or protections, related to transporting firearms in a vehicle.
Maine law:
- Firearms in vehicles. An employer or an agent of an employer may not prohibit an employee who has a valid permit to carry a concealed firearm… from keeping a firearm in the employee's vehicle as long as the vehicle is locked and the firearm is not visible. This subsection applies to the State as an employer when a state employee's vehicle is on property owned or leased by the State. This subsection does not authorize an employee or state employee to carry a firearm in a place where carrying a firearm is prohibited by law. For purposes of this section, "state employee" means an employee of the State within the executive branch, the legislative branch or the judicial branch performing services within the scope of that employee's employment.
- Immunity from liability. An employer or an agent of an employer may not be held liable in any civil action for damages, injury or death resulting from or arising out of another person's actions involving a firearm or ammunition transported or stored pursuant to this section, including, but not limited to, the theft of a firearm from an employee's vehicle, unless the employer or an agent of the employer intentionally solicited or procured the other person's injurious actions. Nothing in this section affects provisions in the Maine Workers' Compensation Act of 1992.
Me. Stat. tit. 26 § 600
Storage Requirements
Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors.
Other Weapons Restrictions
COMING SOON!
Police Encounter Laws
Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter, such as a traffic stop. These states are called “duty to inform” states. In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession.
In addition to “duty to inform states,” some states have “quasi duty to inform” laws. These laws generally require that a permit holder have his/her permit in their possession and surrender it upon the request of an officer. The specific requirements of these laws will vary from state to state.
The final category of states is classified as “no duty to inform” states. In these states there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. Additionally, there are also generally no laws that require you to respond or provide a permit if asked about the presence of a firearm.
Maine law:
Permit to be in permit holder's immediate possession. Every permit holder, including a nonresident who holds a permit issued by the nonresident's state of residence, shall have the holder's permit in the holder's immediate possession at all times when carrying a concealed handgun and shall display the same on demand of any law enforcement officer.
Maine has a quasi duty to inform law for those carrying with a permit, but there is an affirmative duty to inform for those who are carrying a firearm without a permit under Maine's permitless carry rule ("constitutional carry").
- The Law With A Permit: Every permit holder, including a nonresident who holds a permit issued by the nonresident's state of residence, shall have the holder's permit in the holder's immediate possession at all times when carrying a concealed handgun and shall display the same on demand of any law enforcement officer. Me. Rev. Stat. tit. 25, § 2003
- The Law Without A Permit: When an individual who is carrying a concealed handgun pursuant to [Maine's constitutional carry law] and who does not have a valid permit to carry a concealed handgun that has been issued as provided in this chapter first comes into contact with any law enforcement officer of this State or its political subdivisions or a federal law enforcement officer during the course of any arrest, detainment or routine traffic stop, that individual shall immediately inform that law enforcement officer of the fact that the individual is carrying a concealed handgun. Me. Rev. Stat. tit. 25, § 2003-A
Me. Stat. tit. 25 § 2003 (11) and Me. Stat. tit. 25 § 2003-A
Red Flag or Emergency Risk Orders
Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions.
Use of Force in Defense of Person
The legal use of force, including deadly force, is regulated by state law. There are no federal laws that dictate when you can use force in self-defense in all states. As such, it is essential to become familiar with individual state laws.
Maine Self-Defense Law
A person is justified in using a reasonable degree of nondeadly force upon another person in order to defend the person or a 3rd person from what the person reasonably believes to be the imminent use of unlawful, nondeadly force by such other person, and the person may use a degree of such force that the person reasonably believes to be necessary for such purpose. However, such force is not justifiable if:
- With a purpose to cause physical harm to another person, the person provoked the use of unlawful, nondeadly force by such other person; or [2007, c. 173, §24(AMD).]
- The person was the initial aggressor, unless after such aggression the person withdraws from the encounter and effectively communicates to such other person the intent to do so, but the other person notwithstanding continues the use or threat of unlawful, nondeadly force; or [2007, c. 173, §24(AMD).]
- The force involved was the product of a combat by agreement not authorized by law.
Me. Stat. tit. 17-A § 108 (1)
Maine Deadly Force Law
A person is justified in using deadly force upon another person:
- When the person reasonably believes it necessary and reasonably believes such other person is:
- About to use unlawful, deadly force against the person or a 3rd person; or
- Committing or about to commit a kidnapping, robbery or a violation of section 253, subsection 1, paragraph A, against the person or a 3rd person; or [1989, c. 878, Pt. B, §15(AMD).]
- When the person reasonably believes:
- That such other person has entered or is attempting to enter a dwelling place or has surreptitiously remained within a dwelling place without a license or privilege to do so; and
- That deadly force is necessary to prevent the infliction of bodily injury by such other person upon the person or a 3rd person present in the dwelling place; [2007, c. 173, §24(AMD).]
Me. Stat. tit. 17-A § 108 (2)
Use of Force in Defense of Others
Defense of third party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state.
Use of Force in Defense of Habitation
The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.
Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all.
Maine law:
A person in possession or control of a dwelling place or a person who is licensed or privileged to be therein is justified in using deadly force upon another person:
- Under the circumstances enumerated in section 108; or
- When the person reasonably believes that deadly force is necessary to prevent or terminate the commission of a criminal trespass by such other person, who the person reasonably believes:
- Has entered or is attempting to enter the dwelling place or has surreptitiously remained within the dwelling place without a license or privilege to do so; and
- Is committing or is likely to commit some other crime within the dwelling place.
A person may use deadly force under subsection 3, paragraph B only if the person first demands the person against whom such deadly force is to be used to terminate the criminal trespass and the trespasser fails to immediately comply with the demand, unless the person reasonably believes that it would be dangerous to the person or a 3rd person to make the demand.
Me. Stat. tit. 17-A § 104
Use of Force in Defense of Property
Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted.
Maine law:
A person is justified in using a reasonable degree of nondeadly force upon another person when and to the extent that the person reasonably believes it necessary to prevent what is or reasonably appears to be an unlawful taking of the person's property, or criminal mischief, or to retake the person's property immediately following its taking; but the person may use deadly force only under such circumstances as are (described on the deadly force slides).
Me. Stat. tit. 17-A § 105
Self-Defense Immunity
To address the risk that those acting in lawful self-defense might be sued by their attacker, some states have implemented protective measures in the form of civil immunity statutes. These statutes serve to shield victims from certain civil lawsuits. If a state has a civil immunity statute in place, you generally enjoy protection from being sued by your attacker or attacker’s family as long as your use of force is deemed to be criminally justified. This legal framework provides a layer of protection for individuals who, in the course of defending themselves, might otherwise be subjected to additional legal challenges in the form of civil lawsuits.
Duty to Retreat
A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations.
Maine law:
A person is not justified in using deadly force if:
- The person knows that the person or a 3rd person can, with complete safety:
- Retreat from the encounter, except that the person or the 3rd person is not required to retreat if the person or the 3rd person is in the person's dwelling place and was not the initial aggressor;
- Surrender property to a person asserting a colorable claim of right thereto; or
- Comply with a demand that the person abstain from performing an act that the person is not obliged to perform.
Me. Stat. tit. 17-A § 108 (2) (C) (3)
Self-Defense Limitations
Self-Defense Exclusions
A person is not justified in using deadly force if:
- With the intent to cause physical harm to another, the person provokes such other person to use unlawful deadly force against anyone;
- The person knows that the person against whom the unlawful deadly force is directed intentionally and unlawfully provoked the use of such force;
Me. Stat. tit. 17-A § 108 (2) (C) (1-2)
Use of Force Considerations
COMING SOON!
Use of Force Against Animals
COMING SOON!
Cases to Watch
COMING SOON!