Maine Constitutional Carry Laws
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
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.
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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 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 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.
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.
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.
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
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.
- 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
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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
There is no waiting period to purchase a firearm in Maine.
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
No license is required to own or buy a gun in Maine.
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 is allowed in Maine.
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
Possession of a machine gun is illegal unless it meets federal law exceptions.
