Maine Constitutional Carry Laws

6 min readJun 20, 2024

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Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Maine Gun Control Laws

Constitutional Rights

The Second Amendment of the U.S. Constitution guarantees the right to bear arms. Maine’s constitution echoes this, stating that “every citizen has a right to keep and bear arms, and this right shall never be questioned.” However, this right is not without limitations, balancing public safety and gun ownership rights.

Recent Events and Legislative Response

On October 25, 2023, a mass shooting in Lewiston, Maine, highlighted the state’s gun laws. The shooter, an Army reservist, killed 18 people and injured 13 others before being found dead. This tragedy prompted Maine’s governor to urge the legislature to consider tightening gun restrictions, especially concerning background checks and mental health assessments. The potential for new legislation remains uncertain, as lawmakers debate the effectiveness of proposed changes.

Federal and State Laws

Federal laws, such as the National Firearms Act of 1934 (NFA) and the Gun Control Act of 1968 (GCA), establish regulations for firearm manufacture, use, sale, and possession. The NFA regulates certain weapons and requires registration, while the GCA bars specific individuals from firearm ownership, including those with felony convictions and domestic violence misdemeanors. Background checks are mandatory for purchases from federally licensed dealers to prevent illegal ownership.

Maine’s Gun Laws

Maine’s laws emphasize gun ownership and safety, particularly for hunting and recreational shooting. Advocates for gun control encourage the state to implement universal background checks and consider bans on assault weapons and high-capacity magazines.

In 2015, Maine introduced a “permitless carry” law, allowing individuals 21 and older who can legally possess a firearm to carry it concealed without a permit. While this law is seen as a potential risk by some, Maine maintains a concealed carry permit system for reciprocity with other states, administered by the Maine State Police, local police chiefs, or sheriffs.

Preemption and Local Regulations

Maine’s preemption statute restricts local municipalities from enacting their own firearms regulations, with the exception of controlling the discharge of firearms within their areas.

Firearms in Vehicles and Workplace Policies

Individuals over 21 who are not prohibited from owning firearms may have them in motor vehicles. Exceptions exist for those 18–20 years old serving in the military, National Guard, or law enforcement. Employers cannot prevent employees with concealed carry permits from storing firearms in their locked vehicles, provided the firearms are not visible.

Restricted Locations

Carrying firearms is prohibited in specific locations, including:

Courthouses
Schools
Federal buildings
State capitol grounds and buildings in Augusta
Establishments serving liquor for on-premises consumption
Correctional facilities and jails
Acadia National Park and state parks
Private premises where prohibited by the owner
Labor disputes and strikes

Firearm Safety Requirements

While Maine does not require a firearm permit, dealers must provide a firearm safety brochure with each sale and offer information on local safety programs. They are also required to demonstrate the use of trigger-locking devices to buyers.

Relevant Statutes

Maine Revised Statutes (MRS)

Title 15, Section 393: Possession of firearms by prohibited persons
Title 17A, Section 554A: Unlawful transfer of firearm other than a handgun to a minor
Title 17A, Section 554B: Unlawful transfer of a handgun to a minor
Title 17A, Section 1051: Possession of machine gun
Title 17A, Section 1056: Possession of armor-piercing ammunition
Title 17A, Section 1057: Possession of firearms in an establishment licensed for on-premises consumption of liquor
Title 17A, Section 1058: Unauthorized possession of a firearm in a courthouse
Title 17A, Section 1059: Unauthorized possession of a firearm in a correctional facility or jail
Title 20A, Section 6552: Firearms in schools (with exceptions)
Title 20A, Section 10009: Public safety on college and university campuses
Title 25, Section 2003: Permits to carry concealed handguns
Title 25, Section 2012: Sale of firearms to include safety brochure

Illegal Arms

Maine and federal laws ban carrying certain firearms without authorization, including:

Machine guns, except for armed forces or law enforcement officers on duty
Armor-piercing ammunition

Waiting Period

None

Prohibited Persons

The following individuals cannot possess firearms:

Convicted felons (eligible to apply for a firearm permit five years after discharge)
Those involuntarily committed to a hospital due to a court order
Individuals found not criminally responsible due to insanity or incompetence
Persons restricted under the state’s “yellow flag” law
Fugitives from justice
Individuals who have renounced U.S. citizenship
Illegal aliens or nonimmigrant visa holders
Individuals dishonorably discharged from the armed forces
Unlawful users or addicts of controlled substances
Persons under protective orders consistent with federal law
Individuals convicted of certain domestic violence crimes

License Requirements

No license is required to own or buy a gun in Maine.

Concealed Carry

No permit is required for individuals 21 and older who are not prohibited by law.
Individuals 18 to 20 must have a concealed carry permit.
Nonresidents can carry concealed firearms with a permit from a state recognizing Maine’s permit.

Open Carry

Open carry is allowed in Maine.

Eligibility for a Concealed Carry License

To be eligible, applicants must:

Be at least 18
Complete a detailed application
Be eligible under federal and Maine laws
Demonstrate knowledge of handgun safety
Be of good moral character
Provide mental health records if requested
Provide a photo or fingerprints if requested for identity verification
Complete a firearms safety course within the last five years

Machine Gun Laws

Possession of a machine gun is illegal unless it meets federal law exceptions.

Penalties for Illegal Firearm Possession

Possession with a felony or domestic violence conviction: Class C crime (up to five years in prison, up to $5,000 fine)
Possession with other disabilities: Class D crime (up to 364 days in jail, up to $2,000 fine)
Unlawful machine gun possession: Class D crime
Unlawful possession of armor-piercing ammunition: Class C crime
Unlawful possession in liquor establishments, courthouses, or correctional facilities: Class D crime
Unlawful firearm transfer to minors: Class D crime or civil violation

Penalties for Illegal Possession on School Grounds

Possession on school property: Class E crime (up to six months in jail, up to $1,000 fine)

Red Flag Law

Maine’s “yellow flag” law allows police to take individuals into custody if deemed dangerous. A medical assessment is required, followed by a court petition to restrict firearm access for one year. A full hearing occurs within 14 days.

Universal Background Checks

Not required for private gun sales.

Stand Your Ground Law

No stand-your-ground law; a duty to retreat exists, except within one’s dwelling if not the initial aggressor.