Maine Gun Control Laws

The Second Amendment of the U.S. Constitution gives people the right to bear arms. Maine's constitution also recognizes gun rights, stating, "Every citizen has a right to keep and bear arms, and this right shall never be questioned." Yet, the right to bear arms is not absolute. The challenge for federal and state governments is how to balance concerns for public safety with the right to own guns.

On Oct. 25, 2023, a mass shooting in Lewiston, Maine, brought renewed attention to the state's gun laws. A gunman opened fire in a bowling alley and a restaurant, killing 18 people and injuring 13 others. After a two-day chase, authorities found the suspect, an Army reservist, dead from a self-inflicted gunshot wound. Circumstances surrounding the case have led Maine's governor to call on the Maine legislature to tighten the state's gun restrictions, particularly in the area of background checks and mental health. Whether Maine enacts new legislation in the aftermath of the shooting remains to be seen. Lawmakers often disagree on what changes to firearm laws will help prevent gun violence.

While constitutional provisions take precedence, federal and state firearms laws continue to develop and change. Federal laws provide a structure to regulate firearms' legal manufacture, use, sale, and possession. The National Firearms Act of 1934 (NFA) regulated certain dangerous weapons, including short-barreled rifles and shotguns, silencers, and machine guns. It requires registration of these weapons and others. The Gun Control Act of 1968 (GCA) expanded categories of persons barred from having or owning firearms. Bans extend to people with felony convictions and misdemeanor convictions for domestic violence, those who are subject to protection orders, and more. Under the GCA, the government will run a background check when a person tries to buy a firearm from a federally licensed gun dealer. This helps prevent gun purchases by those prohibited under the law.

Maine's Gun Laws

To many, Maine's gun laws focus more on gun ownership than gun safety. Maine sees itself as a mostly rural state. So, its gun laws focus on safety related to hunting and recreational target shooting. Gun control advocates recommend that Maine pass laws supporting universal background checks for gun purchases and consider a ban on assault weapons and high-capacity magazines.

In 2015, Maine enacted a "permitless carry" law. It allows people 21 years of age and older who can legally have a firearm to carry a concealed firearm without a permit. Gun control advocates see these laws as dangerous as they can lead to people carrying a firearm with little experience or bad intentions. With permit or license laws, the public can take comfort in knowing that carriers had to complete firearms training and pass a background check before carrying concealed weapons. The State of Maine still has a concealed carry permit law. It allows Maine residents to get reciprocity from other states. The Maine State Police, local police chiefs, or sheriffs can issue permits.

Maine enacted a preemption statute that prevents local municipalities from passing firearms regulations in most areas. One exception is that local jurisdictions can regulate the discharge of firearms within their boundaries.

Maine law generally allows people over 21 who are not banned from having a firearm to have firearms in motor vehicles. Those 18-20 years old who serve in the U.S. Armed Forces, the National Guard, or a law enforcement agency will typically qualify for an exception. Employers can't ban employees who have a concealed handgun permit from having firearms in their locked vehicles as long as the firearm is not visible.

As with other states, Maine bans carrying a firearm in certain locations. With limited exceptions, you cannot have a gun in, on, or at:

• Courthouses
• Schools
• Federal buildings
• Grounds and buildings of the state capitol in Augusta
• Establishments licensed to sell liquor for on-premises consumption
• Correctional facilities and jails
• Acadia National Park and state parks
• Private premises, if prohibited by the owner
• Labor disputes and strikes

Although Maine does not require a firearm permit, it demands that every firearm dealer in the state offer a firearm safety brochure with each sale. They must post information related to local, voluntary firearms safety programs. Dealers must also offer to show buyers how to use a trigger-locking device.

The following table details the primary gun laws in Maine.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.

Research the Law

• Maine Law
• Official State Codes
• School Violence and Weapons
• Domestic Violence Offender Gun Ban

Getting Legal Help

Understanding the interaction between federal and state gun control laws can be difficult. You may have questions about gun ownership or gun crimes, including what laws prevail if you travel to neighboring states. Consider getting legal advice. You can start by speaking with a constitutional lawyer or criminal defense lawyer in Maine.