Maine Laws

[hogball]

Another place we are considering is Maine. I looked at their gun law sections, and some of it is tough to find exactly what I am looking for. If someone knows and can just post a few quick words to answer a few basc questions, that would save me tons of time.

1. Are the carry laws in Maine as loose as say NH? Easy to get LTC?

2. Does "Pre ban" and "Post ban" apply up there is is it like NH, can buy whatever you like?

3. Shooting on your own property allowed?

Bascially, when I move, I want to make sure the next state I go to is very loose with laws in the sense I can do a lot more than MA. Thanks.

Also, anything to be aware of up in ME?

 

[FeeBear]

Another place we are considering is Maine. I looked at their gun law sections, and some of it is tough to find exactly what I am looking for. If someone knows and can just post a few quick words to answer a few basc questions, that would save me tons of time.

1. Are the carry laws in Maine as loose as say NH? Easy to get LTC?

2. Does "Pre ban" and "Post ban" apply up there is is it like NH, can buy whatever you like?

3. Shooting on your own property allowed?

Bascially, when I move, I want to make sure the next state I go to is very loose with laws in the sense I can do a lot more than MA. Thanks.

Also, anything to be aware of up in ME?

Maine and NH laws are similiar. Unlike Massachusetts, you don't need a license to buy a gun. You do need a license to CCW. Maine laws are very straight forward.

http://janus.state.me.us/legis/statutes/17-A/title17-Asec1057.html

http://janus.state.me.us/legis/statutes/25/title25sec2003.html

http://janus.state.me.us/legis/statutes/15/title15sec393.html

http://janus.state.me.us/legis/statutes/20-A/title20-Asec6552.html

PArt 5 of the following

http://janus.state.me.us/legis/statutes/25/title25ch0sec0.html

 

[ALLHANDGUNS]

In order to obtain an LTC in Maine, you must first take a basic handgun safety course. After you have completed that, you must apply for your permit, and a background check is done. It may be done by your municipality, but more than likely it will be handed off to the state police. Usually takes 2-3 weeks after you apply. As far as pre-ban and post-ban, it doesn't really matter, pretty much anything goes. We don't really have any restrictions on things like that. You can own whatever you want. We don't have to worry about production dates, model types, magazine capacity, etc. If its for sale, you can buy it. As far as I know, you can still shoot on your own property, I always used to. As long as it is not prohibited by your town or city. Now I live in a very small city, and it has an ordinance banning the discharge of firearms within city limits. This is a good idea, considering I am only 40 feet from either of my next door neighbors. Maine is definitely a good state to live in if you love firearms. The only problem is, most areas are rural and you will have to travel to get to a dealer. Ther are more located in the southern part of the state, where there is a larger population. However, if you do live in a fairly rural area, can shoot almost anywhere. Come on up!!

 

[hogball]

I didn't see anything in there about shooting on your own property. I did see the section about not discharging within 500 ft. of school, but nothing else.

I might have to call police up there, but if I had a misdemeanor of malicious destruction of property when I was a teenager, I wouldn't want that to disqualify me in any other state. I have LTC class A here, but when I renewed, I went through a 6 month ordeal and a lot of hassle, before I got it. I was told by Sargent that it was a disqualifying offense, but because it happened before it became a disqualifier, that I was essentially "grandfathered" in ok.....

Just don't want to have issues wherever I go...

 

[jamz]

Maine laws are pretty good, I moved up here a few years ago from MA.

CCW is shall issue, $35 for four years or so. Teenage stuff won't matter on your record. The only part of the state where the police look at you funny is the city of Portland. The cheif there puts your name on a list for other ploice to know you have a CCW. Other towns, cities and municipalities don't care.

One difference is in ME your blood alcohol content must be zero when carrying (good idea anyway), and you can't carry in public schools, which is the only part I have a problem with. Other no-carry places are sites of labor disputes (like picket lines) fed buildings, courthouses and that's about it.

You can shoot all you want wherever you want, so long as it's 100 ft or something away from dwellings (unless you have written permission). There i no AWB pre or post ban nonsense. Buy whatever you want. It is Class III friendly, including suppressors.


Not only can you shoot on your property, you can shoot in pretty much any given spot of woods. Loads and loads of unofficial "ranges" all around off of the main roads.

Southern Maine has 90% of the State's liberal population, which overall is still pretty small. Once you get past Augusta your only vecicle should be a pickup truck though.

 

[Meanie-14]

First off, a disclaimer: I Am Not A Lawyer, nor do I portray one on TV. I am not a sworn LEO, nor have I ever stayed at a Holiday Inn Express.
The application basically asks about felony convictions, anything punishable by a year or more in jail. The malicious destruction conviction sounds like it would equate to Criminal Mischief in Maine, which is a Class E crime, punishable by up to six months in jail. You can see a copy of the resident application form here.
There is also a form for general release of records, and another for release of psychiatric records. (Just checking whether you were ever a patient at one of the two psychiatric centers in Maine.)

Military or other training might suffice for the training mentioned by one of the other guys. When I first moved up here, I got my LTC in a different town ('94 or so), and I don't remember having to show any certificates or anything to document my previous training.
Not long ago, an instructor in southern Maine apparently was working with a local legislator to require documentation of training for a renewal, but I think that got shot down in short order.

I don't have the laws right handy, but the "issuing authority" (selectmen or chief of police, State Police in the "unorganized territories") should give you a booklet. Some other things from the recesses of my memory are:
Besides schools, you'd have to be careful about shooting within 500 feet of an occupied dwelling or public way. No going "heeled" in courthouses, schools, or places serving alcoholic beverages. No running with scissors. No wearing brown shoes with a blue suit. Remember the Golden Rule, etc. etc. As soon as I find a copy of the Application To Live In Maine, I'll send you one.

Hope this helps.

 

[The Village Idiot]

1. Are the carry laws in Maine as loose as say NH? Easy to get LTC?

I take it as a real offense that you refer to the laws of NH as "loose." The laws are written to reflect what both the US Constitution AND the NH Constitution stipulate. It is not our fault that you live in an unconstitutional state.

 

[gene]

Maine is 60 bucks for four years NR and the state police are real nice to deal with. They do a fairly extensive CORI check on NR and it takes about 3 to 4 weeks assuming your clean.

 

[theGringo]

I take it as a real offense that you refer to the laws of NH as "loose." The laws are written to reflect what both the US Constitution AND the NH Constitution stipulate. It is not our fault that you live in an unconstitutional state.

I caught that, too. Loose. Huh. "Proper" is a better adjective.

+1 for the pickup.

 

[Rob Boudrie]

No going "heeled" in courthouses, schools, or places serving alcoholic beverages.

The last time I checked, ME provided for "binding signage" on the part of places serving alcoholic beverages but, absent such signage, there was no such prohibition. I welcome an update if this has changed.

 

[Meanie-14]

The last time I checked, ME provided for "binding signage" on the part of places serving alcoholic beverages but, absent such signage, there was no such prohibition. I welcome an update if this has changed.

Nope, you're right, Rob.

I just went and re-read 17-A MRSA §1057, and it looks like if the place isn't "posted," it's okay. (And as long as the person carrying isn't under the influence.)
Thanks for the correction.

Kinda early in my membership here to be making excuses, but

1. IANAL
2. That wasn't on any of the tests I took.

(Although if I'd gotten it wrong then, I'd have known the right answer before this. [I hope.])

When can I take the dunce hat off?

 

[ptmmatssc]

One difference is in ME your blood alcohol content must be zero when carrying

Cite please .

This does NOT say you cannot have alcohol in your system .

25 M.R.S.A. § 2005-A. Suspension of permit upon refusal
1. Immediate suspension. If the permit holder is required by law to submit to
chemical testing for the presence of intoxicating liquor or drugs pursuant to Title 17-A,
section 1057 or for conduct that occurs while the permit holder is in possession of a
loaded firearm, and the permit holder refuses to submit to the required testing, the permit
to carry a concealed firearm issued to that person is immediately suspended and must be
surrendered at that time by the permit holder to the law enforcement officer.

17-a only deals with "licensed establishments"

§1057. Possession of firearms in an establishment licensed for on-premises consumption of liquor

Basically , having a casual drink is not a problem . If you cause a problem that requires the police , and you have been drinking , then it could be .

3. Level of 0.08% or greater. In proceedings other than under section 2411, a person is presumed to be under the influence of intoxicants if that person has a blood-alcohol level of 0.08% or more.

If you read through the laws (yeah , fun) I think you'll find that essentially , having a drink with your meal while dining is not a problem etc . Just don't drink like it's "party night" while carrying.

 

[jamz]

Cite please .

This does NOT say you cannot have alcohol in your system .

Interesting, I seem to have read it in a different way, due to a severe gray area which will come clear in a sec. While it does not say in so many words "No Alcohol in your system", there's enough legal wiggle room for someone to bust you hard on it if they want to.

While the BAC level is pretty clear cut, the "under the influence" part is not. They separate the two in the statutes for individuals who act inappropriately with a lesser BAC, I would imagine. So let's focus on the "under the influence" part, which is what made me thing that any alcohol = dangerous with an antigun judge, should you have to be brought in front of one.

Looking at Title 17-A, section 1057, Subsection 1B, it reads that you are guilty of criminal possession if, "

B. While under the influence of intoxicating liquor or drugs or a combination of liquor and drugs or with an excessive blood-alcohol level, the person possesses a firearm in a licensed establishment. [1989, c. 917, §2 (NEW).]


So what is "under the influence" (other than a cool Chemical Brothers song)

Subsection 5 says,

5. For purposes of this section, "under the influence of intoxicating liquor or drugs or a combination of liquor and drugs or with an excessive blood-alcohol level" has the same meaning as "under the influence of intoxicants" as defined in Title 29-A, section 2401, subsection 13.

So, toddling along to that section, it reads...


13. Under the influence of intoxicants. "Under the influence of intoxicants" means being under the influence of alcohol, a drug other than alcohol, a combination of drugs or a combination of alcohol and drugs.

Great. So Maine's definition is a non-definition. To me, this leaves it up to an individual judge to decide if a person is "under the influence". To me, that says in a legal sense that you are not guaranteed to be not guilty even if you keep your BAC under 0.08%.

Interesting though that it's all under the umbrella of being in an establishment, and says nothing about being out and about. Hey Maw, I did done lerndeded something today!


Hey Meanie 14....... Go Green! http://northeastshooters.com/vbulletin/showthread.php?t=5103

 

[Meanie-14]

Thanks for that info about memberships, Jamz. I can go invisible? Cooool.

Ninja . . . vanish.

{I said vanish, not dance!}

 

[ALLHANDGUNS]

A friend of mine got his a couple years ago, and he had to take the safety course. He had been in the Army for 4 years and has been an investigator for the F.D.A. for twenty years, and they would not accept his training. This law has been in effect for about 8-10 years. There may be certain circumstances in which you do not need to have this course, but I don't know of any off the top of my head. Like I said in my earlier post, this is a great state to be a gun guy.

 

[jamz]

When I moved from MA to ME, they took my MA LTC (and a copy of MA LTC regulations) as proof of firearms training, so I assume the same would apply to the OP, assuming he has a MA LTC.

Brought to you by the SMCOAARC.

(Southern Maine Committee of Acronyms And Redundancy Committee)

And Meanie-14... it's instant.. Paypal or whatever via the link.... and BAM you have access to everything. I joined one freakin day AFTER a car shoot with a few machine guns that took place like 5 miles from my house. Don't make my mistake and delay!!!

 

[ptmmatssc]

A friend of mine got his a couple years ago, and he had to take the safety course. He had been in the Army for 4 years and has been an investigator for the F.D.A. for twenty years, and they would not accept his training. This law has been in effect for about 8-10 years. There may be certain circumstances in which you do not need to have this course, but I don't know of any off the top of my head. Like I said in my earlier post, this is a great state to be a gun guy.

That's odd since a DD214 can be used in place of a training course, per Maine law . That's What I used when I got mine . There was actually a bill presented last session that would have changed it to requiring a training course , even upon renewal . It would have meant going through the course every time you renewed as well as the initial application .

That bill was initiated by the gentleman that happens to give those courses . He even offered to train trainers (for a fee of course) . When the bill was opened up for discussion , the gentleman said , of course , it was for safety . But , as we the gun owners and gun rights side pointed out , there was no data suggesting that the current requirements were ineffective . Apparently , the lack of criminal reports involving permit holders was enough for our reps to kill this bill .



Jamz , you are correct. Alcohol levels while carrying are a "gray area" . Much like "threatening display" We say we are an open carry state , but "threatening display" gives wiggle room just like the intoxication section .

For those that are Mainers (like myself) , we need to let our reps know that these laws are to vague . They need to be changed to be more black and white . Repealing or changing laws is not that difficult . Just look at Maine's site of statutes and you'll see many laws have been repealed . It just takes a few people to speak up . It won't get done by wishing for it .

That being said , I have talked with my local rep , visited the statehouse for hearings , and "made my voice heard" . If we're going to keep our rights (all , not just guns) we ALL have to do our bit . No one can complain about the laws passed if they didn't make any effort themselves.

 

[plumber]

I also used my DD-214, you are also allowed to personally demonstrate safe handling techniques.

 

[ptmmatssc]

I also used my DD-214, you are also allowed to personally demonstrate safe handling techniques.

Although it's allowed , I haven't met a LEO that would issue using "personally demonstrate safe handling techniques" . I think it has to do with a CYA attitude .

 

[plumber]

I know of a couple of chiefs that issue that way, Skowheagan, Madison, as well as a few selectmen.

 

[ptmmatssc]

That's interesting and good to know .

 

[J_Smith]

Does anyone know offhand if it's still legal to private sale transfer a handgun to someone 18 yrs or older? The NRA website says it is - however I couldn't find anything on the State of Maine website verifying this. Thanks.

* I realize FFL's must sell only to 21 and over for handguns.

 

[Jeff_JMB]

Maine state law is 16 for long guns 18 for handguns until June 30. In the last legislative session the legislature passed, and the Governor signed, LD 2051 that raises the age for transfer of long guns to 18 effective June 30. As far as I know, the law for handguns wasn't changed.


Ref statutes here:

http://janus.state.me.us/legis/statutes/17-A/title17-Asec554-B.html

http://janus.state.me.us/legis/LawM...e.asp?ID=280027555&LD=2051&Type=1&SessionID=7

http://janus.state.me.us/legis/statutes/17-A/title17-Asec554-A.html

 

[J_Smith]

Maine state law is 16 for long guns 18 for handguns until June 30. In the last legislative session the legislature passed, and the Governor signed, LD 2051 that raises the age for transfer of long guns to 18 effective June 30. As far as I know, the law for handguns wasn't changed.


Ref statutes here:

http://janus.state.me.us/legis/statutes/17-A/title17-Asec554-B.html

http://janus.state.me.us/legis/LawM...e.asp?ID=280027555&LD=2051&Type=1&SessionID=7

http://janus.state.me.us/legis/statutes/17-A/title17-Asec554-A.html

Thank you for the information. I had recieved some conflicting advice based on what people *thought* the law (including my FFL). A lot of people automatically assume the federal age requirements for commerical FFL sales automatically applies to private party transfers in state.

 

[FhvnLT4A]

Hey can anyone confirm or deny for me that as a massachusetts resident travelling to maine for camping it would be LEGAL for me to possess my firearm?? I plan on disassembling it and locking it up for the trip, just wanted it on the campground incase.. any help would be appreciated.

 

[highlander]

Maine has no permit requirements other than concealed carry,you can have a rifle,pistol or revolver and no one will ask questions. I've been back and forth to ME for all of my life
and once of legal age always brought some type of firearm with me.

 

[doobie]

Does carrying in a car not in your possession count as concealed carry in ME? Aka, can I keep a loaded firearm in my car as long as it stays there or I open carry it when I get out? Or does it need to be unloaded?