Maine

Summary of State Firearms Law

Last updated July 17, 2010.

Overview

In its publication Gun Laws Matter: A Comparison of State Firearms Laws and Statistics, LCAV ranked each state based on a review of state laws in 25 different firearms-related policy areas.  Maine ranked 42nd out of 50 – having some of the weakest gun laws in the country.  Among other things, Maine does not:

• Require firearms dealers to obtain a state license;

• Prohibit the transfer or possession of assault weapons, 50 caliber rifles, or large capacity ammunition magazines;

• Limit the number of firearms that may be purchased at one time;

• Impose a waiting period on firearm purchases; or

• Regulate unsafe handguns (“junk guns” or “Saturday night specials”).

Local governments in Maine generally lack authority to regulate firearms or ammunition, although local law enforcement has some discretion in determining whether to issue a permit to carry a concealed firearm.

Statistics

Gun Deaths in Maine

Maine ranks 40th among the states in number of gun deaths per capita.  In 2007, 107 people died from firearm-related injuries in Maine.¹

Crime Guns in Maine

In 2007, Maine ranked 33rd nationwide in terms of the number of crime guns supplied to other states per capita.² Seventeen other states supplied less crime guns to other states per capita. 

In 2009, 421 firearms were recovered in Maine and 246 were successfully traced by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Of these 246 firearms, 188 were originally sold by gun dealers in Maine.³

Number of Federally Licensed Firearms Dealers in Maine

There are 462 federally licensed firearms dealers and pawnbrokers in Maine.⁴

State "Right to Bear Arms"

Maine’s constitution provides for the keeping and bearing of arms, but permits gun regulation for public health and safety purposes.  See LCAV’s State Right to Bear Arms Provisions for more-detailed information.

Local Authority to Regulate Firearms

Maine has preempted most areas of local firearms regulation.  See LCAV’s State Preemption/Local Authority to Regulate Firearms summary for further information.

State Firearms Policies

Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

Persons Prohibited from Firearm Possession

Prohibited Purchasers Generally

See Regulating Guns in America:  Prohibited Purchasers for a comprehensive discussion of this issue.

Federal law prohibits certain persons from purchasing or possessing firearms, such as felons, certain domestic abusers, and certain people with a history of mental illness. Maine law provides that a person may not possess 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;

• A federal law that is punishable by imprisonment for a term exceeding one year;

• 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;

• 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; or

• A law in a proceeding in which the prosecuting authority was required to prove that the crime was committed with the use of a dangerous weapon.⁵

In addition, a person may not possess 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 listed above if bodily injury to another person was threatened and resulted, or if the prosecuting authority was required to prove that the crime was committed with the use of a dangerous weapon, regardless of bodily injury.⁶  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 as listed above, but which didn’t threaten and result in bodily injury, 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.⁷

In 2008, Maine adopted a law prohibiting possession of a firearm by anyone who has been:

• Committed involuntarily to a hospital pursuant to an order of the District Court after a hearing because the person was found to present “a likelihood of serious harm,” as defined under Maine law;

• Found not criminally responsible by reason of insanity with respect to a criminal charge; or

• Found not competent to stand trial with respect to a criminal charge.⁸

Finally, a person may not own, possess or have under that person’s control a firearm if he or she is subject to a domestic violence protective order, under certain circumstances.⁹  See the Maine Domestic Violence and Firearms section below for further information. 

Restoration of Firearm Rights for Felons and Juvenile Offenders:  A person subject to the prohibition against firearm possession because of a criminal conviction or juvenile adjudication may, after the expiration of five years from the date the person is finally discharged from the sentences imposed, apply to the Maine Commissioner of Public Safety for a permit to possess a firearm (known in Maine as a “permit to carry a firearm”). The Commissioner must notify local law enforcement about the application, and local law enforcement is given an opportunity to object. The Commissioner may deny an application even if no objection is filed, and must deny an application if a proper objection is filed. A permit to possess a firearm issued to a convicted felon or juvenile offender remains valid for four years.¹⁰  For provisions restoring firearms rights to the mentally ill, see the Maine Mental Health Reporting section.

For information on the background check process used to enforce these provisions, see the Maine Background Checks section.

Maine has no laws preventing the purchase or possession of firearms by drug or alcohol abusers.

Minimum Age to Purchase / Possess

See Regulating Guns in America:  Minimum Age to Purchase / Possess Firearms for a comprehensive discussion of this issue.

Maine prohibits any person from knowingly transferring a handgun to a person who the transferor knows or has reasonable cause to believe is under age 18.¹¹ Maine also prohibits anyone other than a parent, foster parent or guardian (or another adult approved by the parent, foster parent or guardian) from knowingly selling or transferring a long gun to a person under age 16.¹² Finally, Maine prohibits anyone other than a parent, foster parent or guardian or another adult approved by the parent, foster parent or guardian from knowingly selling (but not transferring) a long gun to a person under age 18.¹³  Federal age restrictions impose stricter limits.

Domestic Violence & Firearms

See Regulating Guns in America:  Domestic Violence and Firearms for a comprehensive discussion of this issue.

Firearm Prohibitions for Domestic Violence Misdemeanants

Maine has no law prohibiting individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition.  Federal law, however, prohibits the purchase and possession of firearms and ammunition by certain domestic violence misdemeanants. 

Firearm Prohibitions for Persons Subject to Domestic Violence Protective Orders

Maine law prohibits anyone from possessing a firearm if he or she is subject to a court order that restrains him or her 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.  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

• 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.¹⁴

Removal or Surrender of Firearms by Domestic Abusers

Maine has no law providing for the removal of firearms or ammunition from the scene of a domestic violence incident, or from the subject of a domestic violence protective order.

Reporting of Domestic Violence Information for Use in Firearm Purchaser Background Checks

Maine law requires law enforcement reports of domestic abuse to be made available for inspection by and dissemination to local agencies responsible for issuing concealed firearms permits, provided the records are necessary to the agencies’ determination of an applicant’s good moral character and compliance with the requirements related to such permits.¹⁵ No similar law addresses the availability of this information for use in firearm purchaser background checks.

Disarming Prohibited Persons

Maine has no law requiring the removal of firearms from persons who have become prohibited from possessing them.

Sales & Transfers

Background Checks

See Regulating Guns in America:  Background Checks for a comprehensive discussion of this issue.

Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm. Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the federal National Instant Criminal Background Check System (“NICS”) database. (Note that state files are not always included in the federal database.)

Maine is not a point of contact state for the NICS.  Maine has no law requiring firearms dealers to initiate background checks prior to transferring a firearm.  As a result, in Maine, firearms dealers must initiate the background check required by federal law by contacting the FBI directly.¹⁶   

Maine does not require private sellers (sellers who are not licensed dealers) to initiate a background check when transferring a firearm.  See Regulating Guns in America:  Private Sales.

Mental Health Reporting

See Regulating Guns in America:  Mental Health Reporting for a comprehensive discussion of this issue.

Federal law prohibits possession of a firearm or ammunition by any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.”¹⁷ No federal law, however, requires states to report the identities of these individuals to the National Instant Criminal Background Check System (“NICS”) database, which the FBI uses to perform background checks prior to firearm transfers.

In 2008, Maine enacted a law that requires courts to transmit to the Department of Public Safety, State Bureau of Identification an abstract of any order for involuntary commitment issued by the court. The abstract must include:

• The person’s name, date of birth and gender;

• The court's ruling that the person has been involuntarily committed by a court after a hearing because the person was found to present a “likelihood of serious harm” (as Maine law defines the phrase); and

• A notation that the person has been notified by the court about the firearm prohibition.¹⁸

The 2008 law also requires the Bureau to report to NICS as soon as it receives any abstract from a court finding that a person has been:

• Committed involuntarily to a hospital pursuant to an order of the District Court after a hearing;

• Found not criminally responsible by reason of insanity with respect to a criminal charge; or

• Found not competent to stand trial with respect to a criminal charge.¹⁹

The abstract is confidential and not a public record; however, a copy of the abstract may also be provided by the Bureau to a criminal justice agency for legitimate law enforcement purposes or to an issuing authority for the purpose of processing concealed firearm permit applications.²⁰

Note that these reporting requirements only apply if the person was judicially committed after a hearing (and is therefore subject to the Maine prohibition against firearm possession).²¹  Maine does not require the reporting of individuals who have been committed through emergency “blue paper” procedures, but who have not yet been granted a hearing, even though these individuals may be subject to the federal prohibition against firearm possession.²²

Restoration of Firearm Rights for the Mentally Ill: Maine law allows a person subject to the federal prohibition against firearm possession as a result of being committed pursuant to Maine’s emergency “blue paper” procedures (but who is not subject to the Maine prohibition against firearm possession by persons judicially committed after a hearing) to, after the expiration of five years from the date of final discharge, apply to the Commissioner of Public Safety for relief from the disability.²³ The burden of proof is on the applicant to prove, by clear and convincing evidence, that the circumstances that led to the involuntary commitment have changed, that the applicant is not likely to act in a manner dangerous to public safety, and that granting the application for relief will not be contrary to the public interest.²⁴

For general information on the background check process and categories of prohibited purchasers or possessors, see the Maine Background Checks section and the section entitled Maine Prohibited Purchasers Generally.

Multiple Purchases / Sales of Firearms

Maine imposes no restrictions on purchases or sales of multiple firearms. See Regulating Guns in America:  Restrictions on Multiple Purchases or Sales of Firearms for a comprehensive discussion of this issue.

Retention of Sales / Background Check Records

See Regulating Guns in America:  Retention of Firearm Sales and Background Check Records for a comprehensive discussion of this issue.

Under Maine law, a dealer may not "[s]ell, let or loan a firearm to a person without making a copy of the form a dealer must keep as prescribed by" federal law.²⁵ The copy must be made and marked as "STATE COPY" before the firearm is delivered to the transferee, and must be made available for inspection by any sheriff, deputy sheriff, police officer, constable, game warden or prosecuting attorney.²⁶

Waiting Periods

Maine has no law imposing a waiting period prior to purchase of a firearm. See Regulating Guns in America:  Waiting Periods for a comprehensive discussion of this issue.

Gun Dealers & Other Sellers

Dealer Regulations

See Regulating Guns in America:  Dealer Regulations for a comprehensive discussion of this issue.

Federal law requires firearms dealers to obtain a license from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), although resource limitations prevent the ATF from properly overseeing all its licensees. 

Maine has no law requiring firearms dealers to obtain a state license or permit. Maine also has no law requiring dealers to conduct a background check on prospective firearm purchasers, although the federal background check requirement applies. However, Maine law requires federally licensed firearms dealers to:

• Include a “basic firearm safety brochure” with every firearm sold at retail in Maine (unless the brochure is already provided by the firearm manufacturer);

• Offer to demonstrate to the purchaser the use of a trigger locking device; and

• Post in a conspicuous place information relating to the availability of local voluntary firearm safety programs.²⁷

A dealer may not "[s]ell, let or loan a firearm to a person without making a copy of the form a dealer must keep as prescribed by" federal law.²⁸ See the Maine Retention of Sales / Background Check Records section for more information.

Maine law also requires retail firearms dealers to "conspicuously post" at each purchase counter the following warning, which recommends safe storage practices for firearms and ammunition, in block letters not less than one inch in height:

"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."²⁹

Private Sales

Maine has no law requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer.  The only Maine laws governing such sales are those addressing the minimum age of the purchaser. However in 2009, the Maine Legislature adopted a resolution requiring the Department of Public Safety to assist private sellers who wish to obtain criminal history record information about potential purchasers of firearms.³⁰

See Regulating Guns in America:  Private Sales for a comprehensive discussion of this issue.

Gun Shows

See Regulating Guns in America:  Gun Shows for a comprehensive discussion of this issue.

Maine has only one law that explicitly regulates gun shows. The following sign must be posted at all entrances of an organized gun show, in block letters not less than one inch in height:

"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."³¹

See the Maine Minimum Age to Purchase / Possess section for additional laws that apply at gun shows. 

Immunity Statutes

Maine prohibits municipalities from commencing a civil action against “any firearm or ammunition manufacturer for damages, abatement or injunctive relief resulting from or relating to the lawful design, manufacture, marketing or sale of firearms or ammunition to the public.”³²  This provision does not prohibit a municipality from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty for firearms or ammunition purchased by a municipality.³³

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

See LCAV’s policy page on Immunity Statutes / Manufacturer Litigation for further information.

Gun Owner Responsibilities

Firearms in Public Places

Concealed Weapons Permitting

See Regulating Guns in America:  Carrying Concealed Weapons for a comprehensive discussion of this issue.

Maine does not prohibit a person from carrying a concealed firearm in public if the person has a permit to carry a concealed firearm.³⁴

Maine is a “may issue” state, meaning that local law enforcement has discretion in determining whether or not to issue a concealed weapons permit to an applicant. Maine law 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.³⁵ 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, mental disorders, drug use;

• Takes whatever action is required by law to allow the issuing authority to obtain from the Department of Health and Human Services, the courts, law enforcement agencies and the military, information relevant to the application; and

• Demonstrates knowledge of handgun safety, as described below.

In judging the applicant's "good moral character," the licensing authority may only consider government records within the preceding five years, including but not limited to records regarding:

• Incidents of abuse by the applicant upon family or household members;

• 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;

• That the applicant has engaged in reckless or negligent conduct; or

• Convictions or juvenile adjudications for certain drug possession or trafficking offenses.³⁶

Firearm Safety Training

An applicant for a Maine concealed firearms permit must demonstrate knowledge of handgun safety by submitting to the issuing authority proof that the applicant has within the previous five years completed a course that included handgun safety offered by or under the supervision of a law enforcement agency or a firearms instructor certified by a private firearms association recognized as knowledgeable in matters of firearms safety by the issuing authority or by the state in which the course was taken.³⁷ 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 second option.³⁸

Duration & Renewal

Concealed firearm permits are valid for four years. Permit renewals are also valid for four years.³⁹  

Disclosure or Use of Information

In Maine, 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 for a permit are confidential and may not be made available for public inspection or copying.⁴⁰ Furthermore, all proceedings related to the issuance, refusal to issue, or revocation of a permit are not public proceedings, unless requested to be by the applicant.⁴¹

However, 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.⁴²  The record must include the information contained in the permit itself and shall be available for public inspection.⁴³ 

Finally, although municipal officers are required to publish an annual report regarding municipal affairs,, such reports cannot contain the names of persons issued concealed firearms permits.⁴⁴    

Reciprocity

The Chief of the Maine State Police has the discretionary power to enter into reciprocity agreements with 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.⁴⁵

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.⁴⁶

Open Carrying

Maine does not prohibit the open carrying of firearms in public.

Location Restrictions

Guns in Vehicles

Maine has no law regarding unloaded firearms in vehicles.  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.⁴⁷

Guns in Schools

See LCAV’s policy page on Guns in Schools for a comprehensive discussion of this issue.

Maine law prohibits possession of a firearm on public school property.⁴⁸  In 2010, Maine adopted a law extending this prohibition to the property of approved private schools.⁴⁹  No law in Maine prohibits possession of a firearm on the campus of a college or university, although a Maine law adopted in 2009 specifically affirms the power of any college or university to regulate the possession of firearms on its property.⁵⁰

Other Location Restrictions

Maine law 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 alcohol level.⁵¹ In addition to the criminal penalty of imprisonment, a court is required, as part of every conviction and sentence for a violation of this provision, to revoke the convict’s permit to carry a concealed firearm, if any.⁵²

With certain limited exceptions, Maine law criminalizes possession of a firearm in a courthouse.⁵³ 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.⁵⁴

In 2010, a new federal law went into effect that permits the possession of loaded firearms in national parks and wildlife refuges.  In response to this dangerous legislation, Maine adopted a statute prohibiting the use or possession of a firearm in Acadia National Park.  This provision is subject to various exceptions, including possession of a gun in a person’s residential dwelling within park lands. Concealed firearms permit holders are also exempt.⁵⁵

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.⁵⁶

Maine has no statutes prohibiting firearms in the following places, although administrative regulations may apply:

• Hospitals;

• Places of worship;

• Sports arenas;

• Gambling facilities; or

• Polling places.

Consumer & Child Safety

Design Safety Standards for Handguns

Maine does not specifically regulate junk guns or unsafe firearms. However, according to research conducted by the Center to Prevent Handgun Violence (now Brady Center to Prevent Gun Violence), Maine’s Attorney General may have the authority to regulate “junk guns,” as well as promulgate other firearm safety standards.⁵⁷ See Regulating Guns in America:  Design Safety Standards for Handguns for a comprehensive discussion of this issue.

Locking Devices

Maine law does not require a locking device to accompany the sale of a firearm, nor require firearm owners to lock their weapons.  However, Maine law does require federally licensed firearms dealers to offer to demonstrate to every firearm purchaser the use of a trigger locking device.⁵⁸  In addition, dealers must post a sign regarding firearm storage.  For more information about the sign, see the Maine Dealer Regulations section. See Regulating Guns in America:  Locking Devices for a comprehensive discussion of this issue.

Personalized / Owner-Authorized Firearms

Maine does not require firearms to be personalized. See Regulating Guns in America:  Personalized Firearms for a comprehensive discussion of this issue.

Child Access Prevention

Maine has no law prohibiting allowing a child access to firearms, although it prohibits transferring ammunition to a minor under age 16.⁵⁹ See Regulating Guns in America:  Child Access Prevention for a comprehensive discussion of this issue.

Classes of Weapons / Ammunition

Assault Weapons

Maine has no law regulating assault weapons. See Regulating Guns in America:  Assault Weapons for a comprehensive discussion of this issue.

Large Capacity Ammunition Magazines

Maine has no law regulating large capacity ammunition magazines. See Regulating Guns in America:  Large Capacity Ammunition Magazines for a comprehensive discussion of this issue.

Fifty Caliber Rifles

Maine has no law regulating fifty caliber rifles. See Regulating Guns in America:  Fifty Caliber Rifles for a comprehensive discussion of this issue.

Machine Guns / Automatic Firearms

Maine law prohibits knowingly possessing a machine gun; however, this prohibition does not apply to machine guns manufactured, acquired, transferred, or possessed in accordance with federal law.⁶⁰  Federal law generally allows the possession of machine guns manufactured prior to May 19, 1986 so long as they are registered. See LCAV’s policy page on Machine Guns for further information.

Non-Powder Guns

Maine has no law restricting non-powder guns. See Regulating Guns in America:  Non-Powder Guns for a comprehensive discussion of this issue.

Ammunition Regulation

See Regulating Guns in America:  Ammunition Regulation for a comprehensive discussion of this issue.

Maine does not:

• Require a license for the sale of ammunition;

• Require sellers of ammunition to maintain a record of the purchasers; or

• Prohibit persons who are ineligible to possess firearms under state law from possessing ammunition, although the federal ammunition purchaser prohibitions apply.

Minimum Age to Purchase/Possess Ammunition

Maine law prohibits knowingly selling, furnishing, giving or offering to sell, furnish or give ammunition to a child under 16 years of age.⁶¹ Federal age restrictions for ammunition sales are stricter. 

Regulation of Unreasonably Dangerous Ammunition

Maine law prohibits knowingly possessing armor-piercing ammunition, other than as part of a bona fide collection.⁶² The Maine definition of “armor-piercing ammunition” differs slightly from the federal definition of armor-piercing ammunition.

Investigating Gun Crimes

Microstamping / Ballistic Identification

Maine has no law regarding firearm microstamping or ballistic identification. See Regulating Guns in America:  Ballistic Identification for a comprehensive discussion of this issue.

Trafficking

Maine does not specifically regulate firearms trafficking.

Other Significant Statutes

In 2009, Maine enacted a law that requires a mental health professional to notify law enforcement if he or she has reason to believe a person committed to a mental institution has access to firearms.⁶³  The law also requires mental health facilities, upon discharge of a patient, to make inquiries and documentation of those inquiries into access by the patient to firearms and to notify the patient, the patient's family and any other caregivers that possession, ownership or control of a firearm by the person to be discharged is prohibited by Maine law.⁶⁴

Maine requires any health care practitioner or emergency medical services person who treats a human being for a wound apparently caused by the discharge of a firearm to report the same to a law enforcement agency immediately by the quickest means of communication.⁶⁵

State Links

Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division (CT, ME, MA, NH, RI, VT)

Maine Citizens Against Handgun Violence

Maine Injury Prevention Program

Office of the Maine Attorney General

Footnotes

^1. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2007 (2010), at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html.

^2. Mayors Against Illegal Guns, The Movement of Illegal Guns in America: The Link between Gun Laws and Interstate Gun Trafficking 7, 24, at http://www.mayorsagainstillegalguns.org/downloads/pdf/trace_report_final.pdf.

^3. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, Office of Strategic Intelligence and Information, ATF Firearms Trace Data Report – 2009: Maine, at http://www.atf.gov/statistics/download/trace-data/2009/2009-trace-data-maine.pdf.

^4. U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, List of Federal Firearms Licensees (June 2010), at http://www.atf.gov/about/foia/ffl-list.html.

^5. Me. Rev. Stat. tit. 15, § 393(1).

^6. Me. Rev. Stat. tit. 15, § 393(1)(C).

^7. Me. Rev. Stat. tit. 15, § 393(1-A).

^8. 2007 Me. ALS 670 § 6 (codified at Me. Rev. Stat. tit. 15, § 393(1)(E)).

^9. Me. Rev. Stat. tit. 15, § 393(1)(D).

^10. Me. Rev. Stat. tit. 15, § 393(2).

^11. Me. Rev. Stat. tit. 17-A, § 554-B(2). The term “minor” is defined as a person under 18 years of age, per Me. Rev. Stat. tit. 17-A, § 554-B(1)(B). However, section 554-B does not apply to:

• The temporary transfer of a handgun to a minor: 1) with the prior written consent of the minor's parent or guardian and that parent or guardian is not prohibited by federal, state or local law from possessing a firearm; or 2) in the course of employment, target practice, hunting or instruction in the safe and lawful use of a handgun;
• A minor who is a member of the United States Armed Forces or National Guard who possesses or is armed with a handgun in the line of duty;
• A transfer by inheritance of title to, but not possession of, a handgun to a minor; or
• The transfer of a handgun to a minor when the minor takes the handgun in self-defense or in defense of another person against an intruder into the residence of the minor or a residence in which the minor is an invited guest.

Section 554-B(3).

^12. Me. Rev. Stat. tit. 17-A, § 554-A.

^13. Id.

^14. Me. Rev. Stat. tit. 15, § 393(1)(D).

^15. Me. Rev. Stat. tit. 25, § 2003(5) (referring to Tit. 19-A, § 4012(1)).

^16. Bureau of Justice Statistics, U.S. Department of Justice, Survey of State Procedures Related to Firearm Sales, 2005  (Nov. 2006), at: http://bjs.ojp.usdoj.gov/content/pub/pdf/ssprfs05.pdf.

^17. 18 U.S.C. § 922(d)(4). 

^18. Me. Rev. Stat. tit. 34-B, § 3864(12).

^19. 2007 Me. ALS 670 § 16 (codified as Me. Rev. Stat. tit. 25, § 1541(3)(C)).

^20. Id.

^21. Me. Rev. Stat. tit. 34-B, § 3864(12); 2007 Me. ALS 670 § 16 (codified as Me. Rev. Stat. tit. 25, § 1541(3)(C)). 

^22. See Me. Rev. Stat. tit. 15, § 393(4-A); United States v. Holt, 464 F.3d 101 (1st Cir. 2006) (holding that a person committed to a mental institution under Maine’s emergency “blue paper” procedures is prohibited from possessing firearms under federal law).

^23. Me. Rev. Stat. tit. 15, § 393(4-A). The application must be accompanied by a report from an independent licensed psychologist or psychiatrist.  The Commissioner must notify, and request relevant information from local law enforcement. Id.

^24. Id. According to a Maine government website, Maine’s process under this statute was disapproved by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, in letter of December 28, 2009, stating that Maine’s relief process will not end the federal prohibition from firearms possession.  See Office of Adult Mental Health Services, Maine Dept. of Health and Human Services, Firearms and Psychiatric Hospitalization Laws Applicable in Maine (March 10, 2010), at https://maine.gov/dhhs/mh/rights-legal/firearms-laws.shtml.

^25. Me. Rev. Stat. tit. 15, § 455(1) (referring to 18 U.S.C. § 923).

^26. Id. Any dealer who fails to keep the copy or refuses to show it to any officer listed in this section is civilly liable for a fine not to exceed $50. Id.

^27. Me Rev. Stat. tit. 25, § 2012.

^28. Me. Rev. Stat.  tit. 15, § 455(1) (referring to 18 U.S.C. § 923).

^29. Me. Rev. Stat.  tit. 15, § 455-A(1). The warning also must be posted at all entrances of "an organized gun show." Section 455-A(1-A).

^30. 2009 Me. HP 782.

^31. Me. Rev. Stat.  tit. 15, § 455-A(1-A).

^32. Me. Rev. Stat. tit. 30-A, § 2005.  

^33. Id.

^34. Me. Rev. Stat. tit. 25, § 2001-A. Note that a Maine “permit to carry a concealed firearm” differs from a Maine “permit to carry a firearm.”  A “permit to carry a firearm” is a permit issued to a person formerly prohibited from possessing firearms, whose eligibility to possess firearms has been temporarily restored.  Such a permit does not authorize the person to carry a concealed firearm in public.

^35. Me. Rev. Stat. tit. 25, § 2003(1).

^36. Me. Rev. Stat. tit. 25, § 2003(4). Additional application and background check requirements, as well as permit suspension and disqualification information, are detailed under section 2003 and section 2005-A. Permit revocation information is detailed under section 2005(1).

^37. Me. Rev. Stat. tit. 25, § 2003(1)(E)(5).

^38. Id.

^39. Me. Rev. Stat. tit. 25, § 2003(8). 

^40. Me. Rev. Stat. tit. 25, § 2006.

^41. Me. Rev. Stat. tit. 25, § 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.

^42. Me. Rev. Stat. tit. 25, § 2006.

^43. Id.

^44. Me. Rev. Stat. tit. 30-A, § 2801(3-A).

^45. Me. Rev. Stat. tit. 25, § 2001-A(2)(F).

^46. Id.

^47. Me. Rev. Stat. tit. 12, § 11212(1)(B).

^48. Me. Rev. Stat. tit. 20-A, § 6552.

^49. 2009 Me. ALS 614 § 2.

^50. 2009 Me. ALS 170 (codified as Me. Rev. Stat. tit. 20-A, § 10009).

^51. Me. Rev. Stat. tit. 17-A, § 1057(1).

^52. Me. Rev. Stat. tit. 17-A, § 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.

^53. Me. Rev. Stat., tit. 17-A, § 1058(1),

^54. Me. Rev. Stat., tit. 17-A, § 1058(2-A).

^55. 2009 Me. ALS 607 (codified at Me. Rev. Stat. tit. 12, § 756).

^56. Me. Rev. Stat. tit. 30-A, § 3838(3).

^57. Maine Unfair Trade Practices Act, Me. Rev. Stat. tit. 5, §§ 205-A through 214.  For details, view the Center’s report, “Targeting Safety.” For details, see Legal Action Project, Center to Prevent Handgun Violence, Targeting Safety (2001), at http://www.bradycenter.org/xshare/pdf/reports/targetingsafety.pdf.

^58. Me. Rev. Stat. tit. 25, § 2012.

^59. Me. Rev. Stat. tit. 17-A, § 554.

^60. Me. Rev. Stat. tit. 17-A, §§ 1051-1052.

^61. Me. Rev. Stat. tit. 17-A, § 554(1)(B).

^62. Me. Rev. Stat. tit. 17-A, § 1056.

^63. 2009 Me. ALS 451 § 9 (codified at Me. Rev. Stat. tit. 34-B, § 1207(8)).

^64. 2009 Me. ALS 451 § 11 (codified at Me. Rev. Stat. tit. 34-B, § 3871(7)).

^65. Me. Rev. Stat. tit. 17-A, § 512.