Maine

Maine Permit Eligibility

An applicant must meet the following criteria:

1. Is 18 years of age or older.
2. Is not disqualified to possess a firearm.
3. Submits the required application.
4. Does the following:
   1. 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:
      1. The ascertainment of whether the information supplied on the application or any documents made a part of the application is true and correct;
      2. The ascertainment of whether each of the additional requirements of this section has been met;
   2. 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;
   3. If it becomes necessary to resolve any questions as to identity, submits to having fingerprints taken by the issuing authority;
   4. Submits an application fee along with the written application to the proper issuing authority pursuant to the following schedule:
      1. Resident of a municipality or unorganized territory, $35 for an original application and $20 for a renewal,
      2. Nonresident, $60 for an original or renewal application
5. 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:

1. Application for a Permit to Carry Concealed Handguns, all 6 pages.
2. Authority and Authorization to Release Information forms, all 3 pages
   1. Witness signature is anyone over the age of 18
   2. Return forms with the application.
3. Application Fee: Checks made out to “Treasurer, State of Maine.”
4. Photo: passport quality photograph of yourself: color, approximately 2” x 2” (new and renewal)
5. Copy of birth certificate, passport, or INS document. (new applicants)
6. 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.

Maine law:

Display or carrying prohibited. A person may not, unless excepted by a provision of law:

1. 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)

Maine law:

1. 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.
2. 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. 
3. 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

Maine allows private-party firearm transfers. However, federal law still applies. Therefore, it is unlawful to sell or give a firearm to anyone who:

1. You know is under the age of 18
2. You know is prohibited from owning a firearm under state/federal law
3. Resides in a state other than Maine

Maine law:

In Maine, you may not carry a handgun, openly or concealed, in:

1. Courthouses (17-A MRS §1058)
2. State Parks (12 MRS §1803(6 & 7) and Bureau of Parks and Lands Rules Chapter 1)
3. Schools (20-A MRS §6552)
4. Federal buildings (18 U.S.C. §930)
5. State Capitol area (25 MRS §2904 & DPS Rule Chapter 41)
6. Private property when prohibited by the property owner.
7. 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)
8. Colleges aren’t prohibited places by statute, but statute gives colleges authority to prohibit firearms. Me. Rev. Stat. tit. 20-­â€A, §10009
9. Licensed Slot Machine Facility (Casino). Code Me. R. 16-633, Ch. 16, § 1
10. 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:

1. Acadia National Park (permit required; 12 MRS §756)
2. State Parks (permit required; open carry not permitted; 12 MRS §1803(7))
3. Regular archery hunting-deer only (permit required; 12 MRS §11403)
4. Employees’ vehicles on work premises (permit required; vehicle must be locked and firearm must not be visible; 26 MRS §600)

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)

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)

Maine law:

A person is guilty of criminal possession of a firearm if:

1. 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
2. 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)

Maine law:

1. 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.
2. 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

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

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:

1. 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).]
2. 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).]
3. 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:

1. When the person reasonably believes it necessary and reasonably believes such other person is:
   1. About to use unlawful, deadly force against the person or a 3rd person; or
   2. 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).]
2. When the person reasonably believes:
   1. 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
   2. 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)

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:

1. Under the circumstances enumerated in section 108; or
2. 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:
   1. 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
   2. 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

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

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:
  1. 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;
  2. Surrender property to a person asserting a colorable claim of right thereto; or
  3. 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 Exclusions

A person is not justified in using deadly force if:

1. With the intent to cause physical harm to another, the person provokes such other person to use unlawful deadly force against anyone;
2. 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)