MAINE State Firearms Laws

MAINE
(As of OCTOBER, 1994)

PLEASE NOTE: In addition to state laws, the purchase, sale
and (in certain circumstances) the possession and interstate
transportation of firearms is regulated by the Gun Control
Act of 1968 as amended by the Firearms Owners' Protection
Act. Also, cities and localities may have their own firearms
ordinances in addition to federal and state laws. Details
may be obtained by contacting local law enforcement
authorities, and by consulting the State Laws and Published
Ordinances_Firearms, available from the U.S. Government
Printing Office, Washington, D.C. 20402. 


QUICK REFERENCE CHART

                         Rifles and 
                         Shotguns       Handguns  
Permit to Purchase       NO             NO
Registration of Firearms NO             NO
Licensing of Owner       NO             NO
Permit to Carry          NO             NO*

*Permit required to carry concealed.


STATE CONSTITUTIONAL PROVISION

"Every citizen has a right to keep and bear arms and this
right shall never be questioned." Article 1, Section 16.


POSSESSION

     No permit is required to possess a rifle, shotgun, or
handgun.

     It is unlawful for any person who has been convicted of
a felony to possess any firearm. Such a convicted person may
apply to the Commissioner of Public Safety for a permit to
carry a firearm openly after the expiration of 5 years from
the date such person was finally discharged from any and all
sentences imposed as a result of the conviction. A court may
overturn arbitrary, capricious or discriminatory denials.


PURCHASE

     No state permit is required to purchase a rifle,
shotgun, or handgun.
     Dealers must keep a record of all firearm sales or
rentals. This record shall consist of the make, caliber, and
serial number of the firearm and the name and address of the
purchaser or recipient. This record shall be open to the
inspection of any sheriff, deputy sheriff, police officer,
constable, game warden or prosecuting attorney.
     A person is guilty of a criminal offense if he
knowingly sells, furnishes, gives away or offers to sell,
furnishes, gives away to a child under the age of 16: air
rifles, firearms, or ammunition.  It is an affirmative
defense that the person was a parent or guardian or any
adult approved by a parent or guardian or any adult person
approved by a parent or guardian and was accompanying a
person between the ages of 10 and 16 while hunting.
     Any commercial retail sales outlet that sells firearms
must post a conspicuous warning at each purchase counter in
block letters not less than one inch in height which reads:

"ENDANGERING THE WELFARE OF A CHILD IS A CRIME. IF YOU LEAVE
A FIREARM AND AMMUNITION WITHIN EASY ACCESS OF A CHILD, YOU
MAY BE SUBJECT TO FINE, IMPRISONMENT OR BOTH. KEEP FIREARMS
AND AMMUNITION SEPARATE. KEEP FIREARMS AND AMMUNITION LOCKED
UP. USE TRIGGER LOCKS."

     The same sign must be posted at all entrances to an
organized gun show.


CARRYING

     It is unlawful to carry any firearm concealed about the
person without having a concealed carrying permit. This
includes carrying in an automobile glove compartment, or
other area where the firearm is under the person's control.
It is lawful to carry a firearm openly.
     It shall be unlawful for any person, except a law
enforcement officer while in the line of duty, to have in or
on a motor vehicle or trailer any rifle or shotgun with a
cartridge or shell in the chamber, magazine, clip or
cylinder. No person, except a law enforcement officer in the
line of duty or person having a valid permit to carry a
concealed weapon, may have in or on any motor vehicle or
trailer any loaded pistol or revolver. All motor driven
vehicles except a motorboat shall be considered to be a
motor vehicle.
     The issuing authority for a permit to carry a concealed
weapon is 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; or the chief of the state police
in case of a resident of unorganized territory or a
nonresident.  The applicant must be a legal resident of the
municipality, 18 years of age or older, have not been
convicted of a felony and be of "good moral character." In
judging good moral character the issuing authority shall
make its determination based upon evidence recorded by
governmental entities within the last 5 years. Matters
considered include, but are not limited to: recorded
incidents of family abuse by the applicant, recorded
incidents of failure on part of the applicant to meet child
or family support obligations; 3 or more convictions or
crimes with sentences less than 1 year but not more than 3
years; 3 or more recorded civil violations and recorded
incidents in which the applicant has engaged in recklessness
or negligence that endangered the safety of others,
including incidents with weapons or motor vehicles; an
adjudication within the past 5 years for a juvenile offense
that would disqualify a person from obtaining a permit if
the offense was committed by an adult.
     The applicant must state whether he has been
voluntarily or involuntarily committed to a mental
institution or has been adjudicated to be incapacitated and
has not had the designation removed; a person must state if
he has been dishonorably discharged from the military within
the past 5 years or is an illegal alien.
     A permit shall be issued within 30 days for a resident
of 5 or more years, otherwise within 60 days.  The permit to
carry concealed shall be valid for 4 years from the date of
issue and valid throughout the state, unless sooner revoked.
The fee for an original application shall not exceed $60 for
a resident, or $80 for a nonresident.  The fee for an
original application is $35 for a resident, or $20 for a
renewal. Qualified non- residents may apply to the Chief of
the State Police and may be charged a fee of $60.
     Persons carrying a firearm in the fields and forests or
in a motor vehicle on Sunday in unorganized territory must
have the firearm cased or broken down.


ANTIQUES & REPLICAS

     The provisions of law on possession, purchase, and
carrying apply to antiques and replicas.


MACHINE GUNS

     A machine gun is defined as "a weapon of any
description, by whatever name known, loaded or unloaded,
which is capable of discharging a number of projectiles in
rapid succession by one manual or mechanical action on the
trigger or firing mechanism."
     It is lawful to possess a machine gun that is legally
registered and possessed in compliance with all federal laws
and regulations.


MISCELLANEOUS PROVISIONS

     The State Legislature has also expressed its intention
to occupy the field of regulation and licensing of firearms,
thus precluding cities and other localities from enacting
firearms registration or licensing ordinances not in
conformity with state law.
     A person is guilty of a criminal offense if, with the
intent to defraud and to prevent identification, he alters,
removes or obscures the manufacturer's serial number or any
other distinguishing identification number, mark or symbol
upon any firearm.
     It is unlawful to discharge a firearm within 100 yards
of a residential dwelling without the permission of the
owner or, in the owner's absence, of an adult occupant of
that dwelling.
     It is unlawful to hunt or discharge a firearm from or
across a paved way or within 10 feet of the edge of the
pavement on the paved way or from within the right-of-way of
any controlled access highway.
     If the State pleads and proves that a Class B, C, D, or
E crime was committed with the use of a dangerous weapon
then the sentencing class for such crime is one class higher
than it would otherwise be. Maine law provides for a minimum
term of imprisonment, which shall not be suspended, if the
State pleads and proves that a Class A, B, C, or D crime was
committed with the use of a firearm against a person.


SOURCES: Maine Code Title 12, Section 7406; Title 15,
Section 455; Title 17-A, Sections 1051-1055; Title 25,
Sections 2001-2006.

CAUTION: State firearms laws are subject to frequent change.
The above summary is not to be considered as legal advice or
a restatement of law. To determine the applicability of
these laws to specific situations which you may encounter,
you are strongly urged to consult a local attorney.

Compiled by:
NRA Institute for Legislative Action
11250 Waples Mill Road
Fairfax, Virginia  22030
1995, NRA Institute for Legislative Action