Gun laws in Maine

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Gun laws in Maine regulate the sale, possession, and use of firearms and ammunition in the state of Maine in the United States.[1][2]

Subject/Law Long Guns Handguns Relevant Statutes Notes
Permit to purchase required? No No
Firearm registration? No No
Owner license required? No No
Carry permits issued? No Yes 25 MRS §2003 Maine is a "shall issue" state for concealed carry. Constitutional/permitless carry legislation has been passed and will take effect in October 2015.
Open carry permitted? Yes Yes Open carry is generally permitted. Open carry in a vehicle without a license requires the firearm not have ammunition in the chamber or any attached magazine; the magazine may be removed and the weapon retained on the person if it is not chambered.
State preemption of local restrictions? Yes Yes Local governments may restrict the discharge of firearms.
Assault weapon law? No No
Magazine Capacity Restriction? No* No 12 MRS §11214 *Some requirements if a semi-automatic firearm is used for hunting
NFA weapons restricted? No No
Shall certify? Yes Yes 25 MRSA §2013(3) Shall certify within 15 days.
Location of Maine in the United States

Maine[3][4] is a "shall issue" state for concealed carry. The issuing authority are the local police, or the state police. A permit to carry a concealed firearm shall be issued within 30 days to a qualified applicant ( who has to show proficiency in the use of pistols) and who has been a Maine resident for at least five years, or within 60 days to a nonresident or a resident for less than five years. The permit is valid for four years. A permit to carry a concealed firearm is required when transporting a loaded firearm, either concealed or plainly visible, in a vehicle. However a concealed carry permit is not required for transport an unloaded firearm inside a vehicle if it is 1. In plain view 2. Concealed within the trunk again completely free of any ammo within the chamber and/or magazine well. A permit is not required for open carry as a pedestrian. This can be done lawfully with rounds in the magazine and in the chamber. Open carry is not lawful in establishments that directly serve alcohol as an open drink such as bars, clubs, certain restaurants and so on provided there is a no firearm sign posted in a manner reasonably likely to come to the attention of patrons or if the carrier of firearms is under the influence or asked to leave.[5][6] Open carry is not lawful in Federal buildings.[7][8][9][10] Maine honors concealed carry permits from several other states.[11]

For hunters, a semi-automatic firearm's magazine capacity can not exceed 6 cartridges(5 in the magazine +1 in the chamber. For migratory game bird hunting, shotgun capacity is 3 shells. Upland bird hunting follows the semi-automatic laws. This is stated in Maine hunting law, but not Maine firearm law. Firearms, even if by definition it qualifies as a "hunting firearm", have no magazine capacity restriction. It only becomes a crime if one actively, or has previously, hunted while violating the magazine capacity restriction. These provisions do not apply to .22 caliber rimfire guns or to auto-loading pistols with a barrel length of less than 8 inches. [12]

Maine has state preemption of firearms laws. No political subdivision of the state may adopt any law regulating firearms or ammunition, except for regulating the discharge of firearms.[1]

A municipality may not sue a firearm or ammunition manufacturer for damages relating to the lawful design, manufacture, marketing or sale of firearms or ammunition. A municipality may bring legal action for breach of contract or warranty.[2]

Employers in Maine may not prohibit its employees from keeping a firearm in the employee's vehicle if the employee has a valid permit to carry the concealed firearm and the firearm is concealed in the employee's own locked vehicle.[13] Employers may continue to prohibit firearms on its premises other than in its parking lot under the conditions specified in the law.[14]

References[edit]

  1. ^ a b "State Gun Laws: Maine", National Rifle Association – Institute for Legislative Action. Retrieved December 31, 2012.
  2. ^ a b "Maine State Law Summary", Law Center to Prevent Gun Violence. Retrieved December 31, 2012.
  3. ^ Bureau of Alcohol, Tobacco, and Firearms – State Firearms Laws – Maine
  4. ^ "Search the Maine Statutes – "firearm"". Janus.state.me.us. October 1, 2010. Retrieved November 23, 2011. 
  5. ^ http://www.mainelegislature.org/legis/statutes/17-a/title17-asec1057.html
  6. ^ http://www.mainelegislature.org/legis/statutes/17-a/title17-asec402.html
  7. ^ "Maine State Police – Weapons Permits & Professional Licensing". Maine.gov. Retrieved November 23, 2011. 
  8. ^ "State of Maine Laws Relating to Permits to Carry Concealed Firearms" (PDF). Retrieved November 23, 2011. 
  9. ^ [1]
  10. ^ "Maine Concealed Carry Permit Information on". Usacarry.com. Retrieved November 23, 2011. 
  11. ^ "Concealed Handgun Permits", Maine State Police. Retrieved December 14, 2011.
  12. ^ 2013-14 Maine Hunting & Trapping Guide
  13. ^ Olivier, Elizabeth A. (October 19, 2011). "LD 35 Prohibits Maine Employers from Banning Concealed Guns in Vehicles on Workplace Property". Preti Flaherty Beliveau and Pachios. 
  14. ^ Verrill Dana LLP (July 14, 2011). "Ten Questions On Every Employer's Mind About Maine's New Bring Your Gun To Work Law". martindale.com. LexisNexis.