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Federal law
generally requires that licensed firearms dealers conduct a
background check on all prospective firearms purchasers to
ensure that such persons are not prohibited from buying or
possessing a firearm. This background check requirement and
the National Instant Criminal Background Check System (“NICS”)
were enacted through the Brady Handgun Violence Prevention Act,
pursuant to Public Law 103-159, and codified at
18 U.S.C. § 921 et seq. Federal law defines a number of classes
of prohibited purchasers (including felons, fugitives, persons
adjudicated as “mental defectives” or those committed to mental
institutions), and leaves to the states the power to determine
additional classes. (For a complete list of federally
prohibited purchasers, click
here.)
Under the
Brady Act, states have the option of serving as a “state point
of contact” and conducting their own background checks using
NICS and state informational records and databases, or having
the checks performed by the FBI using only NICS. Federal law
does not require that private sellers (persons other than
firearms dealers) conduct background checks on prospective
purchasers.
In Maine, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions
referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, Midyear 2004 (August 2005).
In addition, Maine has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses. Maine
Revised Statutes Annotated title 15, § 393(1), as amended by 2005 Me. Laws Ch. 527, provides that a person may not own, possess or have
under that person's control a firearm if he or she has been convicted of committing, or found not criminally responsible by reason of insanity of committing, a crime under:
A law of Maine that is punishable by imprisonment for one year or more (§ 393(1)(A-1)(1)); A law of the United States that is punishable by imprisonment for a term exceeding one year (§ 393(1)(A-1)(2)); A law of another state that is punishable by imprisonment for a term exceeding one year, excluding crimes classified as misdemeanors in the state carrying a penalty of imprisonment of two years or less (§ 393(1)(A-1)(3)); A law of any other state that is "elementally substantially similar" to a crime in Maine that is punishable by a term of imprisonment for one year or more (§ 393(1)(A-1)(4)); or A law of the United States, Maine, any other state, or the Passamaquoddy Tribe or Penobscot Nation in a proceeding in which the prosecuting authority was required to prove that the crime was committed with the use of a firearm or crossbow against a person, or with any other dangerous weapon (§ 393(1)(A-1)(5)).
In
addition, a person may not own, possess or have under his or
her control a firearm if that person has been adjudicated to
have engaged in conduct as a juvenile that, if committed by an
adult, would have been a disqualifying conviction under
section 393(1)(A-1)(1)-(4) (listed above) if bodily injury
to another person was threatened and resulted, or under
section 393(1)(A-1)(5) (also listed above) regardless of
bodily injury.
Section 393(1)(C).
Pursuant to
section 393(1-A), a person who has been adjudicated
under federal or state law to have engaged in conduct as a
juvenile that, if committed by an adult, would have been a
disqualifying conviction under
section 393(1)(A-1), but
is not an adjudication under
section 393(1)(C), may not own or have in his or her possession or control a firearm for three years following completion of any disposition imposed, or until that person reaches age 18, whichever is later.
Finally, a
person may not own, possess or have under that person’s control
a firearm if he or she is subject to an order of a federal,
state or tribal court that restrains that person from
harassing, stalking or threatening his or her intimate partner
or that partner’s child, or from engaging in other conduct
that would place the intimate partner in reasonable fear of
bodily
injury to the intimate partner or the partner’s child.
Section
393(1)(D). This provision applies only to a court
order issued after a hearing that:
-
Includes a finding that the person represents a
credible threat to the physical safety of an intimate partner
or child; or
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By its terms explicitly prohibits the use,
attempted use or threatened use of physical force against an
intimate partner or a child that would reasonably be expected
to cause bodily injury.
Id.
A person
subject to the prohibitions in
section 393(1) may, after
the expiration of five years from the date the person is
finally discharged from the sentences imposed as a result of
the conviction or adjudication, apply to the Maine Commissioner
of Public Safety for a permit to carry a firearm.
Section
393(2). Anyone falling under the prohibited classes of
section 393(1)
will not be issued a permit to carry a concealed firearm. Section
393(2).
Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in Maine, although federal and state purchaser prohibitions
still apply. See the Maine Private/Secondary Sales section.
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Possession Restrictions
Maine Revised Statutes Annotated title 37-B, § 342(2) provides that, with certain exceptions, "[n]o group of persons...may join together as a military organization or parade in public with firearms."
Title 25, § 2001-A(1)(A) prohibits the display of firearms in a threatening manner.
A person may not possess a firearm on public school property. Me. Rev. Stat. Ann., tit. 20-A, § 6552.
Title 17-A, § 1057(1) criminalizes possession of any firearm in an establishment licensed to sell liquor for on-premises consumption if either: 1) the establishment has signs posted that prohibit or restrict the possession of firearms which patrons are likely to see; or 2) a patron possesses a firearm on the premises while under the influence of intoxicating liquor, drugs, a combination of liquor and drugs, or has an excessive blood-alcohol level. In addition to the criminal penalty of imprisonment from one to three years, a court is required, as part of every conviction and sentence for a violation of section 1057(1), to revoke the convict’s permit to carry a concealed firearm, if any. Section 1057(6). Any person convicted of violating section 1057 is not eligible to obtain or apply for a permit to carry a concealed firearm for five years from the date of the conviction. Id.
Maine prohibits the possession of any firearm in the "Capitol Area," which includes any state-controlled locations (whether owned, leased, or used by the state) within the city limits of Augusta, Maine. 16-219-041 Me. Code R. § 2(F).
The Supreme Judicial Court of Maine has provided, by Administrative Order JB-05-09, that all persons are prohibited from entering or remaining in any supreme, superior, or district court facility, including 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, other dangerous weapon or while in possession of a disabling chemical. ME R. Admin. SJC Administrative Order JB-05-09 — Concerning the Bringing of Firearms and Weapons into Supreme Judicial, Superior, and District Courts, and Related Areas (2005).
With certain limited exceptions, Maine Revised Statutes Annotated, title 17-A, § 1058(1), as amended by 2005 Me. Laws. Ch. 527, criminalizes possession of a firearm in a courthouse.
The Office of Child and Family Services, a sub-agency of the Department of Health and Human Services, has issued regulations governing firearms in child care facilities, shelters for homeless children, foster homes, and nursery schools, among other such locations. See Chapters 10-148-008 through 10-148-036 of the Code of Maine Rules.
An innkeeper or campground owner may eject from a hotel, lodging house or campground, or may refuse or deny any accommodations, facilities or privileges to, any person the innkeeper or campground owner reasonably believes is bringing in firearms. Me. Rev. Stat. Ann., tit. 30-A, § 3838(3).
"Except for persons holding a valid Maine concealed weapons permit, loaded firearms are not permitted in campsites, on marked hiking trails, or at boat launches and picnic sites" in the Public Reserved Lands of the State and all other lands under the jurisdiction and control of the former Bureau of Public Lands. 04-059-051 Me. Code R. § 1.12.
Transportation of Firearms
A person may not possess a loaded firearm in a motor vehicle or trailer, except that a person with a valid permit to carry a concealed weapon may have a loaded handgun covered by that permit. Me. Rev. Stat. Ann. tit. 12, § 11212(1)(B).
Concealed Weapons Licensing Requirements
Maine is a “may issue” state, meaning that local law enforcement has discretion when issuing concealed weapons permits. Maine prohibits the carrying of a concealable firearm without a valid permit. Me. Rev. Stat. Ann. tit. 25, § 2001-A. Section 2003(1) provides that a permit to carry a concealed firearm “shall” be issued by the local issuing authority (Chief of the State Police or municipal officers or the local chief of police, if designated) to any applicant who “has demonstrated good moral character” and meets other specified criteria. Law enforcement has some discretion in determining whether an applicant has demonstrated good moral character (see below). An applicant who has demonstrated good moral character will be granted a permit if he or she:
Is 18 years of age or older; Is not disqualified from possessing a firearm (see the Maine Background Checks section); -
Completes a detailed application that includes any
record of previous issuances of, refusals to issue, and revocations
of any permit to carry concealed weapons by any issuing authority
in Maine or any other jurisdiction, and requests the applicant to
answer 32 questions denying, inter alia, certain age
restrictions, pending felony charges, felony convictions, other
violent crimes or juvenile or other offenses;
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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: 1)
whether the information supplied on the application or any documents made a part of the application are true and correct; 2) whether each of the additional requirements of
section 2003 has been met; and 3) the provisions of section 2005 (regarding the revocation of concealed firearms permits and the change of
residence of permit holders); and
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Demonstrates knowledge of handgun safety, either by
completing a recognized handgun safety course within five years of
the application, or by personally demonstrating his or her
knowledge to the licensing authority, if the licensing authority is
willing to evaluate the applicant.
In judging the applicant's "good moral character," section 2003(4) states that the licensing authority may only consider government records within the preceding five years, including but not limited to records regarding:
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Incidents of abuse by the applicant upon family or
household members;
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Three or more misdemeanor convictions, or one or more
juvenile offense adjudications involving conduct that would have
been punishable by less than one year of imprisonment if committed
by an adult;
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That the applicant has engaged in reckless or
negligent conduct; or
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Convictions or juvenile adjudications for certain
drug possession or trafficking offenses.
Fees for an
initial application are $35 for residents of a municipality or
unorganized territory, and $60 for a nonresident. Section
2003(1)(E)(4).
Additional application and background check requirements, as well as permit suspension or disqualification information, are detailed under
section 2003 and section 2005-A.
Permit revocation information is detailed under section 2005(1).
Disclosure or Use of Information
Under
Maine Revised Statutes Annotated title 25, § 2006, all applications for a permit to carry a
concealed firearm, documents created as part of an application,
refusals to issue a permit and any information of record collected
by the licensing agency during the process of ascertaining whether an
applicant is of “good moral character” and meets the requirements
under
sections 2003 and
2005 are confidential and may
not be made available for public inspection or copying. Section
2006. Furthermore, all proceedings related to the issuance, refusal to issue, or revocation of a permit are not public proceedings (see Title 1, Chapter 13), unless requested to be by the applicant. Section 2006. Anyone who intentionally or knowingly violates the provisions of section 2006 is criminally liable for a Class E crime, the penalty for which is imprisonment not to exceed one year. Section 2004.
The licensing
authority is required to make a permanent record of each permit to
carry concealed firearms in a suitable book or file kept for that
purpose.
Section 2006. The record must include the
information contained in the permit itself and shall be available
for public inspection.
Id.
At the request of the licensing authority, any records pertaining to patient committals to Riverview Psychiatric Center and Dorothea Dix Psychiatric Center, or compiled
pursuant to Tit. 19-A, § 4012(1) (which pertains to law enforcement agency responsibilities
for the reporting of domestic abuse) must be made available to the
licensing authority, provided the records are necessary to the licensing authority's determination of the applicant's good moral character and compliance with the requirements
of tit. 25, §§ 2003 and 2005.
Section 2003(5), as amended by 2005 Me. Laws Ch. 236.
Finally, although municipal officers are required to publish an annual report regarding municipal affairs (Tit. 30-A, § 2801), such reports cannot contain the names of persons issued concealed firearms permits. Section 2801(3-A).
Duration & Renewal
Concealed firearm permits are valid for four years. Me. Rev. Stat. Ann. tit. 25, § 2003(8).
Permit renewals are also valid for four years.
Id.
Fees for renewal of a permit are $20 for residents of a
municipality or unorganized territory in Maine, and $60 for a
nonresident.
Section 2003(1)(E)(4).
Location Limits
See the Maine Possession Restrictions section for generally applicable location limits which apply to persons holding Maine concealed weapons
permits. However, persons holding valid Maine concealed weapons permits are explicitly excepted from the prohibition on loaded firearms "in campsites, on marked hiking
trails, or at boat launches and picnic sites" in the Public Reserved Lands of the State and all other lands under the jurisdiction and control of the former Bureau of
Public Lands. 04-059-051 Me. Code R. § 1.12.
Maine law specifies that holding a valid permit to carry a concealed firearm is not a defense to a prosecution for unauthorized possession of a firearm in a courthouse.
Maine Revised Statutes Annotated, title 17-A, § 1058(2-A), as amended by 2005 Me. Laws. Ch. 527.
Administrative Order JB-05-09 of the Supreme Judicial Court of Maine, which provides that all persons are prohibited from entering or remaining in any court facility
or other area or building within the control or supervision of the Maine Judicial Branch if armed with a firearm, also explicitly "applies to people who possess a valid
permit to carry a concealed firearm issued under" Maine Revised Statutes Annotated title 25, §§ 2001-2006, and it "is immaterial that the carrying of a firearm
or other concealed weapon by a person would not constitute a violation of" section 2001-A (which provides penalties for carrying a concealed weapon without a permit).
ME R. Admin. SJC Administrative Order JB-05-09 - Concerning the Bringing of Firearms and Weapons into Supreme Judicial, Superior, and District Courts, and Related Areas (2005).
Reciprocity
The Chief of the State Police has the discretionary power to enter into reciprocity agreements with two other states that:
Have substantially equivalent or stricter requirements for the issuance of concealed firearms permits; and Observe the same rules of reciprocity regarding permits to carry concealed firearms under Maine law.
Me. Rev. Stat. Ann., tit. 25, § section 2001-A(2)(F).
A person with a valid permit to carry a concealed firearm from a state that has been granted reciprocity is not required to obtain a Maine permit to carry a concealed firearm. Id.
Brady Exemption
Concealed weapons permit holders in Maine are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Expolsives (ATF) chart
that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF's exempt status determination for a given state is subject to change without notice.
Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state
in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm
would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).
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