Maine Firearm Law

The laws governing the legal use, storage and carrying of firearms are constantly changing. Below are the applicable laws in the State of Maine as of 4/17/2013. The below information is designed to be a guide and not the final word. If you have specific questions, please refer to the State of Maine legislation at mainelegislature.org. Another great resource is the Maine State Police.

§2001-A. Threatening display of or carrying concealed weapon
1. Display or carrying prohibited.  A person may not, unless excepted by a provision of law:
A. 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; or
B. 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.

2. Exceptions.   The provisions of this section concerning the carrying of concealed weapons do not apply to:
A. A handgun carried by a person to whom a valid permit to carry a concealed handgun has been issued as provided in this chapter;
B. Disabling chemicals as described in Title 17-A, section 1002;
C. Knives used to hunt, fish or trap as defined in Title 12, section 10001;
D. A handgun carried by a law enforcement officer, a corrections officer or a corrections supervisor as permitted in writing by the officer's or supervisor's employer; 
E. A firearm carried by a person engaged in conduct for which a state-issued hunting or trapping license is required and possessing the required license, or a firearm carried by a resident person engaged in conduct expressly authorized by Title 12, section 11108 and section 12202, subsection 1. This paragraph does not authorize or permit the carrying of a concealed or loaded firearm in a motor vehicle;
F. A handgun carried by a person to whom a valid permit to carry a concealed handgun has been issued by another state if a permit to carry a concealed handgun issued from that state has been granted reciprocity. The Chief of the State Police may enter into reciprocity agreements with any other states that meet the requirements of this paragraph. Reciprocity may be granted to a permit to carry a concealed handgun issued from another state if:
(1) The other state that issued the permit to carry a concealed handgun has substantially equivalent or stricter requirements for the issuance of a permit to carry a concealed handgun; and
(2) The other state that issued the permit to carry a concealed handgun observes the same rules of reciprocity regarding a person issued a permit to carry a concealed handgun under this chapter;
G. A handgun carried by an authorized federal, state or local law enforcement officer in the performance of the officer's official duties;
H. A handgun carried by a qualified law enforcement officer pursuant to 18 United States Code, Section 926B. The qualified law enforcement officer must have in the law enforcement officer's possession photographic identification issued by the law enforcement agency by which the person is employed as a law enforcement officer; and
I. A handgun carried by a qualified retired law enforcement officer pursuant to 18 United States Code, Section 926C. The qualified retired law enforcement officer must have in the retired law enforcement officer's possession:
(1) Photographic identification issued by the law enforcement agency from which the person retired from service as a law enforcement officer that indicates that the person has, not less recently than one year before the date the person carries the concealed handgun, been tested or otherwise found by that agency to meet the standards established by that agency for training and qualification for an active law enforcement officer to carry a handgun of the same type as the concealed handgun; or
(2) Photographic identification issued by the law enforcement agency from which the person retired from service as a law enforcement officer and a certification issued by the state in which the person resides that indicates that the person has, not less recently than one year before the date the person carries the concealed handgun, been tested or otherwise found by that state to meet the standards established by that state for training and qualification for an active law enforcement officer to carry a handgun of the same type as the concealed handgun.

§2002. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
1. Corrections officer.  "Corrections officer" has the same meaning as set forth in section 2801-A, subsection 2, paragraph A.

1-A. Conviction.  "Conviction" means the acceptance of a plea of guilty or nolo contendere or a verdict or finding of guilty, or the equivalent in a juvenile case, by a court of competent jurisdiction.

1-B. Corrections supervisor.  "Corrections supervisor" has the same meaning as set forth in Title 17-A, section 2, subsection 5-B.

2. Dependency-related drug.  "Dependency-related drug" has the same meaning as set forth in Title 5, section 20003, subsection 7.

3. Drug abuser.  "Drug abuser" has the same meaning as set forth in Title 5, section 20003, subsection 10.

4. Drug addict.  "Drug addict" has the same meaning as set forth in Title 5, section 20003, subsection 11.

5. Drug-dependent person.  "Drug-dependent person" has the same meaning as set forth in Title 5, section 20003, subsection 12.

6. Firearm.  "Firearm" has the same meaning as set forth in Title 17-A, section 2, subsection 12-A.

7. Formal charging instrument.  "Formal charging instrument" means a complaint, indictment, information, juvenile petition or other formal written accusation against a person for some criminal or juvenile offense.

8. Fugitive from justice.  "Fugitive from justice" has the same meaning as set forth in Title 15, section 201, subsection 4.

8-A. Handgun.  "Handgun" means a type of firearm commonly referred to as a pistol or revolver originally designed to be fired by the use of a single hand and that is designed to fire or is capable of firing fixed cartridge ammunition. "Handgun" does not include a shotgun or rifle that has been altered by having its stock or barrel cut or shortened or an automatic firearm that may be held with a single hand.

9. Issuing authority.  "Issuing authority" means the following:
A. To a legal resident of a municipality:
(1) The mayor and municipal officers or councilors of a city, the municipal officers or councilors of a town or the assessors of a plantation or, if they so choose, their full-time chief of police as their designee; or
(2) The Chief of the State Police as the designee of the municipal officers under section 2002-A;

B. To a resident of an unorganized territory:
(1) The Chief of the State Police;

C. To a nonresident:
(1) The Chief of the State Police; and

D. To a professional investigator licensed under Title 32, chapter 89:
(1) The Chief of the State Police.

10. Law enforcement officer.  "Law enforcement officer" has the same meaning as set forth in Title 17-A, section 2, subsection 17.

10-A. Not criminally responsible by reason of mental disease or defect.  "Not criminally responsible by reason of mental disease or defect" has the same meaning as used in Title 17-A, section 39 and includes the former finding in this State under former provisions of Title 15, section 103 of "not guilty by reason of mental disease or defect excluding responsibility" as well as any comparable finding under the laws of the United States or any other state.

11. Reckless or negligent conduct.  "Reckless or negligent conduct" means that the applicant, either consciously disregarding or failing to be aware of a risk that his conduct would cause such a result, engaged in conduct which in fact created a substantial risk of death, serious bodily injury or bodily injury to another human being and the applicant's disregard or failure to be aware of that risk, when viewed in light of the nature and purpose of the applicant's conduct and the circumstances known to him, involved a deviation from the standard of conduct that a reasonable and prudent person would observe in the same situation.

12. Bodily injury.  "Bodily injury" has the same meaning as set forth in Title 17-A, section 2, subsection 5.

13. State and state.  "State" means the State of Maine and "state" means any other state of the United States and includes the District of Columbia, the Commonwealth of Puerto Rico and the possessions of the United States.

14. Use of a dangerous weapon.  "Use of a dangerous weapon" has the same meaning as in Title 17-A, section 2, subsection 9, paragraph A.

§2002-A. Assignment of authority
The municipal officers of a municipality without a full-time chief of police may designate, if the Chief of the State Police agrees, the State Police as the issuing authority for that municipality. The designation must be made by written agreement with the Chief of the State Police. The agreement must include provisions for termination of the agreement. During the term of an agreement, the State Police shall perform all the functions of the issuing authority, including suspension and revocation of permits. The State Police are entitled to receive any fees authorized for performing the functions of an issuing authority. The Chief of the State Police continues to serve as the issuing authority until the chief receives from the municipal officers written notice of cancellation or revocation of the designation.

§ 2003. Permits to carry concealed handguns
1. Criteria for issuing permit.  The issuing authority shall, upon written application, issue a permit to carry concealed handguns to an applicant over whom it has issuing authority and who has demonstrated good moral character and who meets the following requirements:

ELIGIBILITY
A. Is 18 years of age or older;
B. Is not disqualified to possess a firearm pursuant to Title 15, section 393, is not disqualified as a permit holder under that same section and is not disqualified to possess a firearm based on federal law as a result of a criminal conviction;

D. Submits an application that contains the following:
(1) Full name;
(2) Full current address and addresses for the prior 5 years;
(3) The date and place of birth, height, weight, color of eyes, color of hair, sex and race;
(4) A record of previous issuances of, refusals to issue and revocations of a permit to carry concealed firearms, handguns or other concealed weapons by any issuing authority in the State or any other jurisdiction. The record of previous refusals alone does not constitute cause for refusal and the record of previous revocations alone constitutes cause for refusal only as provided in section 2005; and
(5) Answers to the following questions:
(a) Are you less than 18 years of age?
(b) Is there a formal charging instrument now pending against you in this State for a crime under the laws of this State that is punishable by imprisonment for a term of one year or more?
(c) Is there a formal charging instrument now pending against you in any federal court for a crime under the laws of the United States that is punishable by imprisonment for a term exceeding one year?
(d) Is there a formal charging instrument now pending against you in another state for a crime that, under the laws of that state, is punishable by a term of imprisonment exceeding one year?
(e) If your answer to the question in division (d) is "yes," is that charged crime classified under the laws of that state as a misdemeanor punishable by a term of imprisonment of 2 years or less?
(f) Is there a formal charging instrument pending against you in another state for a crime punishable in that state by a term of imprisonment of 2 years or less and classified by that state as a misdemeanor, but that is substantially similar to a crime that under the laws of this State is punishable by imprisonment for a term of one year or more?
(g) Is there a formal charging instrument now pending against you under the laws of the United States, this State or any other state or the Passamaquoddy Tribe or Penobscot Nation in a proceeding in which the prosecuting authority has pleaded that you committed the crime with the use of a firearm against a person or with the use of a dangerous weapon as defined in Title 17-A, section 2, subsection 9, paragraph A?
(h) Is there a formal charging instrument now pending against you in this or any other jurisdiction for a juvenile offense that, if committed by an adult, would be a crime described in division (b), (c), (d) or (f) and involves bodily injury or threatened bodily injury against another person?
(i) Is there a formal charging instrument now pending against you in this or any other jurisdiction for a juvenile offense that, if committed by an adult, would be a crime described in division (g)?
(j) Is there a formal charging instrument now pending against you in this or any other jurisdiction for a juvenile offense that, if committed by an adult, would be a crime described in division (b), (c), (d) or (f), but does not involve bodily injury or threatened bodily injury against another person?
(k) Have you ever been convicted of committing or found not criminally responsible by reason of mental disease or defect of committing a crime described in division (b), (c), (f) or (g)?
(l) Have you ever been convicted of committing or found not criminally responsible by reason of mental disease or defect of committing a crime described in division (d)?
(m) If your answer to the question in division (l) is "yes," was that crime classified under the laws of that state as a misdemeanor punishable by a term of imprisonment of 2 years or less?
(n) Have you ever been adjudicated as having committed a juvenile offense described in division (h) or (i)?
(o) Have you ever been adjudicated as having committed a juvenile offense described in division (j)?
(p) Are you currently subject to an order of a Maine court or an order of a court of the United States or another state, territory, commonwealth or tribe that restrains you from harassing, stalking or threatening your intimate partner, as defined in 18 United States Code, Section 921(a), or a child of your intimate partner, or from engaging in other conduct that would place your intimate partner in reasonable fear of bodily injury to that intimate partner or the child?
(q) Are you a fugitive from justice?
(r) Are you a drug abuser, drug addict or drug dependent person?
(s) Do you have a mental disorder that causes you to be potentially dangerous to yourself or others?
(t) Have you been adjudicated to be an incapacitated person pursuant to Title 18-A, Article 5, Parts 3 and 4 and not had that designation removed by an order under Title 18-A, section 5-307, subsection (b)?
(u) Have you been dishonorably discharged from the military forces within the past 5 years?
(v) Are you an illegal alien?
(w) Have you been convicted in a Maine court of a violation of Title 17-A, section 1057 within the past 5 years?
(x) Have you been adjudicated in a Maine court within the past 5 years as having committed a juvenile offense involving conduct that, if committed by an adult, would be a violation of Title 17-A, section 1057?
(y) To your knowledge, have you been the subject of an investigation by any law enforcement agency within the past 5 years regarding the alleged abuse by you of family or household members?
(z) Have you been convicted in any jurisdiction within the past 5 years of 3 or more crimes punishable by a term of imprisonment of less than one year or of crimes classified under the laws of a state as a misdemeanor and punishable by a term of imprisonment of 2 years or less?
(aa) Have you been adjudicated in any jurisdiction within the past 5 years to have committed 3 or more juvenile offenses described in division (o)?
(bb) To your knowledge, have you engaged within the past 5 years in reckless or negligent conduct that has been the subject of an investigation by a governmental entity?
(cc) Have you been convicted in a Maine court within the past 5 years of any Title 17-A, chapter 45 drug crime?
(dd) Have you been adjudicated in a Maine court within the past 5 years as having committed a juvenile offense involving conduct that, if committed by an adult, would have been a violation of Title 17-A, chapter 45?
(ee) Have you been adjudged in a Maine court to have committed the civil violation of possession of a useable amount of marijuana, butyl nitrite or isobutyl nitrite in violation of Title 22, section 2383 within the past 5 years?
(ff) Have you been adjudicated in a Maine court within the past 5 years as having committed the juvenile crime defined in Title 15, section 3103, subsection 1, paragraph B of possession of a useable amount of marijuana, as provided in Title 22, section 2383?; and [.]

E. 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:
(a) The ascertainment of whether the information supplied on the application or any documents made a part of the application is true and correct;
(b) The ascertainment of whether each of the additional requirements of this section has been met; and
(c) Section 2005;
(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;

FEES
(4) Submits an application fee along with the written application to the proper issuing authority pursuant to the following schedule:
(a) Resident of a municipality or unorganized territory, $35 for an original application and $20 for a renewal, except that a person who paid $60 for a concealed firearms permit or renewal during 1991 or 1992 is entitled to a credit toward renewal fees in an amount equal to $30 for a person who paid $60 for an original application and $45 for a person who paid $60 for a permit renewal. The credit is valid until fully utilized; and
(b) Nonresident, $60 for an original or renewal application; and

TRAINING REQUIREMENT
(5) Demonstrates to the issuing authority 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.

2. Complete application; certification by applicant.  The requirements set out in subsection 1, constitute a complete application. By affixing the applicant's signature to the application, the applicant certifies the following:
A. That the statements the applicant makes in the application and any documents the applicant makes a part of the application are true and correct;
A-1. That the applicant understands that an affirmative answer to the question in subsection 1, paragraph D, subparagraph (5), division (l) or (o) is cause for refusal unless the applicant is nonetheless authorized to possess a firearm under Title 15, section 393;
A-2. That the applicant understands that an affirmative answer to subsection 1, paragraph D, subparagraph (5), division (p) is cause for refusal if the order of the court meets the preconditions contained in Title 15, section 393, subsection 1, paragraph D. If the order of the court does not meet the preconditions, the conduct underlying the order may be used by the issuing authority, along with other information, in judging good moral character under subsection 4;
B. That the applicant understands that an affirmative answer to one or more of the questions in subsection 1, paragraph D, subparagraph (5), divisions (a), (k), (n) or (q) to (x) is cause for refusal;
B-1. That the applicant understands that an affirmative answer to one or more of the questions in subsection 1, paragraph D, subparagraph (5), divisions (b) to (j), (m), (y), (z) or (aa) to (ff) is used by the issuing authority, along with other information, in judging good moral character under subsection 4; and
C. That the applicant understands any false statements made in the application or in any document made a part of the application may result in prosecution as provided in section 2004.

3. Copy of laws furnished to applicant.  A copy of this chapter and the definitions from other chapters that are used in this chapter must be provided to every applicant.

3-A. Model forms.  The Attorney General shall develop model forms for the following:
A. An application for a resident permit to carry concealed handguns;
B. An application for a nonresident permit to carry concealed handguns;
C. A resident permit to carry concealed handguns of which a photograph is an integral part;
D. A resident permit to carry concealed handguns of which a photograph is not an integral part;
E. A nonresident permit to carry concealed handguns; and
F. Authority to release information to the issuing authority for the purpose of evaluating information supplied on the application.
Each issuing authority shall utilize only the model forms.

4. Good moral character.  The issuing authority in judging good moral character shall make its determination in writing based solely upon information recorded by governmental entities within 5 years of receipt of the application, including, but not limited to, the following matters:
A. Information of record relative to incidents of abuse by the applicant of family or household members, provided pursuant to Title 19-A, section 4012, subsection 1;
B. Information of record relative to 3 or more convictions of the applicant for crimes punishable by less than one year imprisonment or one or more adjudications of the applicant for juvenile offenses involving conduct that, if committed by an adult, is punishable by less than one year imprisonment;
C. Information of record indicating that the applicant has engaged in reckless or negligent conduct; or
D. Information of record indicating that the applicant has been convicted of or adjudicated as having committed a violation of Title 17-A, chapter 45 or Title 22, section 2383, or adjudicated as having committed a juvenile crime that is a violation of Title 22, section 2383 or a juvenile crime that would be defined as a criminal violation under Title 17-A, chapter 45 if committed by an adult.

5. Access to confidential records.  Notwithstanding that certain records retained by governmental entities are by law made confidential, the records pertaining to patient committals to Riverview Psychiatric Center and Dorothea Dix Psychiatric Center, and records compiled pursuant to Title 19-A, section 4012, subsection 1, that are necessary to the issuing authority's determination of the applicant's good moral character and compliance with the additional requirements of this section and of section 2005 must, at the request of the issuing authority, be made available for inspection by and dissemination to the issuing authority.

6. Unorganized territory.

7. Nonresident.

8. Term of permit.  All concealed handgun permits are valid for 4 years from the date of issue, unless sooner revoked for cause by the issuing authority. If a permit renewal is issued before the expiration date of the permit being renewed or within 6 months of the expiration date of the permit being renewed, the permit renewal is valid for 4 years from the expiration date of the permit being renewed.

9. Information contained in permit.  Each permit to carry concealed handguns issued must contain the following: The name, address and physical description of the permit holder; the holder's signature; the date of issuance; and the date of expiration. A permit to carry concealed handguns may additionally contain a photograph of the permit holder if the issuing authority makes a photograph an integral part of the permit to carry concealed handguns.

10. Validity of permit throughout the State.  Permits issued authorize the person to carry those concealed handguns throughout the State.

11. Permit to be in permit holder's immediate possession.  Every permit holder 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. A person charged with violating this subsection may not be adjudicated as having committed a civil violation if that person produces in court the concealed handgun permit that was valid at the time of the issuance of a summons to court or, if the holder exhibits the permit to a law enforcement officer designated by the summonsing officer not later than 24 hours before the time set for the court appearance, a complaint may not be issued.

12. Permit for a resident of 5 or more years to be issued or denied within 30 days; permit for a nonresident and resident of less than 5 years to be issued or denied within 60 days.  The issuing authority, as defined in this chapter, shall issue or deny, and reply in writing as to the reason for any denial, within 30 days of the application date in the case of a resident of 5 or more years and within 60 days of the application date in the case of a nonresident or in the case of a resident of less than 5 years. If the issuing authority does not issue or deny a request for a permit renewal within the time limits specified in this subsection, the validity of the expired permit is extended until the issuing authority issues or denies the renewal.

13. Fee waiver.  An issuing authority may waive the permit fee for a permit issued to a law enforcement officer certified by the Maine Criminal Justice Academy.

14. Lapsed permit.  A person may apply for renewal of a permit at the permit renewal rate at any time within 6 months after expiration of a permit. A person who applies for a permit more than 6 months after the expiration date of the permit last issued to that person must submit an original application and pay the original application fee.

15. Duty of issuing authority; application fees.  The application fees submitted by the applicant as required by subsection 1, paragraph E, subparagraph (4) are subject to the following.
A. If the issuing authority is other than the Chief of the State Police, $25 of the fee for an original application and $15 of the fee for a renewal must be paid over to the Treasurer of State.
B. If the Chief of the State Police is the issuing authority as the designee of a municipality under section 2002-A, $25 of the fee for an original application and $15 of the fee for a renewal must be paid over to the Treasurer of State.
C. If the Chief of the State Police is the issuing authority because the applicant is either a resident of an unorganized territory or a nonresident, the application fee must be paid over to the Treasurer of State. The fee must be applied to the expenses of administration incurred by the State Police.

16. Application fee; use.  The application fee submitted by the applicant as required by subsection 1, paragraph E, subparagraph (4) covers the cost of processing the application by the issuing authority and the cost of the permit to carry concealed handguns issued by the issuing authority.

17. Waiver of law enforcement agency record and background check fees.  Notwithstanding any other provision of law, a law enforcement agency may not charge an issuing authority a fee in association with the law enforcement agency's conducting a concealed handgun permit applicant record check or background check for the issuing authority.

§2004. Penalty
1. False statements.  A person who intentionally or knowingly makes a false statement in the written application for a permit to carry a concealed handgun or any documents made a part of the application commits a Class D crime.

2. Carries or conceals dangerous weapon.  A person who violates section 2001-A commits a Class D crime.

3. Failure to possess permit.  A person who fails to comply with section 2003, subsection 11 commits a civil violation for which a fine of not more than $100 may be adjudged.

4. Violation of confidentiality.  A person who intentionally or knowingly violates the confidentiality provisions of section 2006 commits a Class E crime.

§2005. Revocation; change of residence
1. Revocation.  The issuing authority shall revoke a permit on the basis of one or more of the following determinations:
A. The application or any documents made part of the application contained a material misstatement;
B. The permit holder has been convicted of a violation of section 2001-A;
C. The permit holder becomes ineligible to possess a permit under this chapter. Ineligibility is determined on the basis of the criteria contained in section 2003;
D. For conduct that occurred after a permit was issued, that the permit holder was convicted of operating a motor vehicle, snowmobile, ATV or watercraft while under the influence of intoxicating liquor or drugs or with an excessive alcohol level and, by a preponderance of the evidence, that at the time of the offense the permit holder was in possession of a loaded firearm; or
E. For conduct that occurred after a permit was issued, that the permit holder was convicted of any violation of Title 17-A, chapter 45.

2. Change of residence.  Except as provided in paragraph A, change of legal residence from one municipality to another during the term of the permit renders the permit invalid starting 30 days after the change is made. An invalid permit is not considered revoked for the purposes of subsection 3.
A. If the permit holder changes the permit holder's legal residence from one municipality to another during the term of the permit, the permit remains valid if the permit holder provides the permit holder's new address to the issuing authority of the permit holder's new residence within 30 days of making that change. The issuing authority of the new residence shall immediately reissue the permit with the corrected address for a fee of not more than $2.

B. If the issuing authority of the permit holder's new residence so requests, the previous issuing authority shall provide a photocopy of the permit holder's application, documents made a part of the application and any information of record collected by that previous issuing authority.
3. Reapplication.  If a permit has been revoked solely under subsection 1, paragraph D, the former permit holder may reapply upon successful completion of a substance abuse treatment program approved by the Department of Health and Human Services as appropriate for the permit holder's problem or condition. Except as specified in this subsection, no person, otherwise eligible, who has had a permit revoked, is eligible for reapplication until the expiration of 5 years from the date of revocation.

§2005-A. Suspension of permit upon refusal
1. Immediate suspension.  If the permit holder is required by law to submit to chemical testing for the presence of intoxicating liquor or drugs pursuant to Title 17-A, section 1057 or for conduct that occurs while the permit holder is in possession of a loaded firearm, and the permit holder refuses to submit to the required testing, the permit to carry a concealed handgun issued to that person is immediately suspended and must be surrendered at that time by the permit holder to the law enforcement officer.

2. Notice to issuing authority.  The law enforcement officer who has probable cause to require chemical testing shall promptly notify the issuing authority, in writing, of the permit holder's refusal and shall return the surrendered permit to the issuing authority.

3. Suspension in effect during pendancy.  The suspension remains in effect until the entry of judgment if charges are filed of violating Title 17-A, section 1057 or of operating a motor vehicle, snowmobile, ATV, or watercraft under the influence of intoxicating liquor or drugs, unless it is determined by the court in which the criminal charge or civil violation is pending, or by the Secretary of State if a hearing is held pursuant to Title 29-A, section 2521, 2522 or 2523, that the law enforcement officer did not have probable cause to require the permit holder to submit to chemical testing.

4. Suspension terminated.  If the permit holder is acquitted of the criminal charges to which the refusal pertains, if the charges are dismissed by the State or by the court or if a determination of no probable cause is made, the suspension is terminated and the court or the State shall promptly notify the issuing authority in writing. Upon receipt of the written notice the issuing authority shall return the permit.

§2006. Confidentiality of application
Notwithstanding Title 1, chapter 13, subchapter 1, all applications for a permit to carry concealed handguns and documents made a part of the application, refusals and any information of record collected by the issuing agency during the process of ascertaining whether an applicant is of good moral character and meets the additional requirements of sections 2003 and 2005 are confidential and may not be made available for public inspection or copying. The applicant may waive this confidentiality by written notice to the issuing authority. All proceedings relating to the issuance, refusal or revocation of a permit to carry concealed handguns are not public proceedings under Title 1, chapter 13, unless otherwise requested by the applicant.

The issuing authority shall make a permanent record of each permit to carry concealed handguns in a suitable book or file kept for that purpose. The record must include the information contained in the permit itself and must be available for public inspection.

OFF LIMITS
§1057. Possession of firearms in an establishment licensed for on-premises consumption of liquor
1.  A person is guilty of criminal possession of a firearm if:
A. 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
B. 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.

2.    For the purposes of this section, "licensed establishment" means a licensed establishment as defined by Title 28-A, section 2, subsection 15, the license for which is held by an on-premise retail licensee, as defined by Title 28-A, section 2, subsection 27, paragraph B. For the purposes of this section, "premises" has the same meaning as set forth in Title 28-A, section 2, subsection 24.

3.  It is not a defense to a prosecution under subsection 1 that the person holds a permit to carry a concealed handgun issued under Title 25, chapter 252.

4.    A law enforcement officer who has probable cause to believe that a person has violated subsection 1, paragraph B, may require that person to submit to chemical testing to determine an alcohol level or drug concentration. If the court is satisfied that the law enforcement officer had probable cause to believe that the defendant was in violation of subsection 1, paragraph B, and that the person was informed of the requirement to submit to chemical testing, the person's failure to comply with the requirement to submit to chemical testing is admissible evidence on the issue of whether that person was under the influence of intoxicating liquor or drugs.

5.   For purposes of this section, "under the influence of intoxicating liquor or drugs or a combination of liquor and drugs or with an excessive alcohol level" has the same meaning as "under the influence of intoxicants" as defined in Title 29-A, section 2401, subsection 13. "Excessive alcohol level" means an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath. Standards, tests and procedures applicable in determining whether a person is under the influence or has an excessive alcohol level within the meaning of this section are those applicable pursuant to Title 29-A, sections 2411 and 2431; except that the suspension of a permit to carry concealed handguns issued pursuant to Title 25, chapter 252, or of the authority of a professional investigator licensed to carry a concealed handgun pursuant to Title 32, chapter 89, is as provided in those chapters.

6.    Criminal possession of a firearm is a Class D crime. In addition, as part of every judgment of conviction and sentence imposed, the court shall:
A. Revoke any permit to carry a concealed firearm issued to the person so convicted; and
B. If the person so convicted is licensed as a professional investigator, suspend for a period of 5 years that person's permit to carry a concealed firearm.
A person convicted of a violation of this section is not eligible to obtain or apply for a permit to carry a concealed firearm for 5 years from the date of that conviction.

§6552. Firearms
1. Prohibition.  A person may not possess a firearm on public school property or the property of an approved private school or discharge a firearm within 500 feet of public school property or the property of an approved private school.

2. Exceptions.  The provisions under subsection 1 do not apply to the following.
A. The prohibition on the possession and discharge of a firearm does not apply to law enforcement officials.
B. The prohibition on the possession of a firearm does not apply to the following persons, if the possession is authorized by a written policy adopted by the school board:
(1) A person who possesses an unloaded firearm for use in a supervised educational program approved and authorized by the school board and for which the school board has adopted appropriate safeguards to ensure student safety; and
(2) A person who possesses an unloaded firearm that is stored inside a locked vehicle in a closed container, a zipped case or a locked firearms rack while the person is attending a hunter's breakfast or similar event that:
(a) Is held during an open firearm season established under Title 12, Part 13 for any species of wild bird or wild animal;
(b) Takes place outside of regular school hours; and
(c) Is authorized by the school board.
C. The prohibition on possession and discharge of a firearm does not apply to a person possessing a firearm at a school-operated gun range or a person discharging a firearm as part of a school-sanctioned program at a school-operated gun range if the gun range and the program are authorized by a written policy adopted by the school's governing body.

3. Penalty.  A person who violates this section is guilty of a Class E crime.

§9412. Unlawful acts
Dangerous weapons at labor disputes and strikes.  It is a Class D crime for any person, including, but not limited to, security guards and persons involved in a labor dispute or strike, to be armed with a dangerous weapon, as defined in Title 17-A, section 2, subsection 9, at the site of a labor dispute or strike. A person holding a valid permit to carry a concealed firearm is not exempt from this subsection. A security guard is exempt from this subsection to the extent that federal laws, rules or regulations require the security guard to be armed with a dangerous weapon at the site of a labor dispute or strike.

ADMINISTRATIVE ORDER JB-05-9 (A. 5-11)
All persons are prohibited from entering or remaining in any Supreme Judicial, Superior, or District Court facility which shall include any courtroom, judicial chambers, clerk’s office, conference room, mediation room, law library, lobby, or any other area or building within the control or supervision of the Maine Judicial Branch, if armed with a firearm, electronic control device, other dangerous weapon or in possession of a disabling chemical. As used herein, the term “firearm” has the same meaning as set forth in Title 17-A, section 2, subsection 12-A of the Maine Revised Statutes; “armed with a dangerous weapon” has the same meaning as set forth in Title 17-A, section 2, subsection 9(B) of the Maine Revised Statutes; “electronic control device” includes, but is not limited to, devices commonly called tasers and “disabling chemical” means chemical mace or any similar substance composed of a mixture of gas and chemicals (including organic agents) which has or is designed to have a disabling effect upon
human beings. The determination of the dangers of any item shall be at the discretion of the Office of Judicial Marshals and the judicial deputy marshals1 assigned to any courthouse or other Judicial Branch facility. Judicial deputy marshals are authorized to take and hold for the purpose of safekeeping, those items that violate this Order, at least for the duration of the individual’s time in the courthouse.This Order applies to people who possess a valid permit to carry a concealed firearm issued under Title 25, sections 2001-A to 2006, of the Maine Revised

16-219  CHAPTER 41  Capitol Area Security Rules
A."Capitol Area" when used in these regulations shall mean the land, building, personal property and facilities owned, leased, occupied, used or possessed by the State in or at:
(1) The Capitol Area described in I M.R.S.A., Section 814, and
(2) The District Court Building on State Street, and
(3) The State Police Barracks and Garage on Hospital Street, and
(4) Blaine House Complex, and
(5) Blaine Memorial, and
(6) The Augusta Mental Health Institute Complex, and
(7) ANY OTHER STATE CONTROLLED LOCATIONS, WHETHER ITS OWNED, LEASED, OR JUST USED BY THE STATE WITHIN THE CITY LIMITS OF AUGUSTA, MAINE.

2(F.) No person, except a police officer on duty, shall carry firearms, dangerous weapons, explosives, incendiary devices, or implements which by their nature are capable of being used to destroy or injure a person or property in the Capitol Area.

NON-RESIDENT PERMIT
The State of Maine will issue a Non-Resident Concealed Handgun Permit.  Non-Residents must apply directly to the Maine State Police. All resident rules and regulations do apply.

NOTE: The below paragraph is from  The Department of Inland Fisheries & Wildlife for the State of Maine.  It can be found in the Maine Hunting and Trapping Laws and Rules booklet.

A permit is required to carry a concealed firearm in Maine, except that licensed hunters and trappers are exempt while engaged in these activities; the latter provision does not authorize the carrying of a concealed or loaded firearm in a motor vehicle. Some town offices or city halls issue these permits to residents. If not, contact Maine State Police. Nonresidents may obtain concealed weapons permits from the Maine State Police: (207) 624-7210.

TRANSPORTING FIREARMS
NOTE: The below paragraph is from  The Department of Inland Fisheries & Wildlife for the State of Maine.  It can be found in the Maine Hunting and Trapping Laws and Rules booklet.

It is unlawful to have a loaded firearm or crossbow in or on a motor vehicle (including trailer, ATV, aircraft, snowmobile, or railway car). A loaded clip may be carried in a motor vehicle, but it must not be inserted in a firearm. Persons who hold a Maine concealed firearms permit may carry a loaded pistol or revolver in a motor vehicle. Firearms may be transported in a motor vehicle without a concealed firearms permit provided they are (1) unloaded and in plain view, or (2) are unloaded and placed in a remote secure area (such as a locked trunk) away from the control of the occupants of the motor vehicle. For purposes of this law, a muzzleloading firearm is considered to be loaded only if charged with powder, lead and a primed ignition device or mechanism. A crossbow is considered loaded if cocked and armed.

RECIPROCITY
Maine has reciprocal agreements with the following States for resident concealed handgun permits:

Delaware (March 13, 2009)
South Dakota (May 18, 2009)
Louisiana (June 25, 2009)
North Dakota - Class 1 Permits (June 7, 2010)
Wyoming (June 7, 2010)
Arkansas (June 21, 2010)
Pennsylvania (November 1, 2011)
Michigan (November 9, 2011)

NOTE: The State of Maine only honors resident permits/licenses from the states it honors.

The State of Main honors concealed carry permits/licenses from the below states:
Arkansas, Delaware, Louisiana, Michigan, North Dakota, Pennsylvania, South Dakota, Wyoming

The Maine Resident Concealed Handgun Permit is honored by the states below:
Alaska, Arizona, Arkansas, Delaware, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maine, Michigan, Mississippi, Missouri, Nebraska, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Dakota, Tennessee, Utah, Vermont, Wyoming

The Maine Non-Resident Concealed Handgun Permit is honored by the states below:
Alaska, Arizona, Arkansas, Delaware, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maine, Mississippi, Missouri, Nebraska, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Dakota, Tennessee, Utah, Vermont, Wyoming

If you have questions about our course, feel free to email us at info@shootsafe.org.  Make sure you include your name, the state whose permit you are pursuing, and if you need a call back, a phone number.  We're happy to help.