Legal Information: Maine

State Gun Laws

March 4, 2020

What is the penalty for violating state firearm laws?

If the abuser has a gun while any of the following apply, s/he is committing a Class C crime, which is punishable by up to 5 years in prison:

1. after being convicted as an adult of or found “not criminally responsible by reason of insanity” of any of the following crimes:

2. as a juvenile, s/he was found to have engaged in conduct that would have been considered any of the above-mentioned crimes if s/he committed the act as an adult. If it was “a crime that is punishable by a prison sentence of one year or more,” the prohibition only applies if, while committing the act, s/he caused bodily injury to another person or bodily injury was threatened.2

If the abuser has a gun while any of the following apply, s/he is committing a Class D crime, which is punishable by up to 1 year in prison:

  1. there is a protection order against him/her that was issued after notice and a hearing in Maine or in any other state, U.S. territory, commonwealth or tribe, which does both of the following:
    • orders the abuser to not:
      • harass, stalk, or threaten an intimate partner or a child of his/her intimate partner; or
      • act in a way that would place the intimate partner in reasonable fear or bodily injury to himself/herself or to his/her child; and
    • either:
      • includes a determination that s/he represents a credible threat to the physical safety of an intimate partner or child; or
      • specifically prohibits the use, attempted use, or threatened use of physical force against an intimate partner or child that would reasonably be expected to cause bodily injury;3
  2. s/he was involuntarily committed to a hospital because s/he was found to present a likelihood of causing serious harm;
  3. s/he was found to be “not criminally responsible by reason of insanity” for any crime;
  4. s/he was found to be “not competent to stand trial” for any crime;
  5. s/he is a fugitive from justice;
  6. s/he illegally uses, or is addicted to, any controlled substance and as a result cannot possess a firearm under federal law (18 USC § 922(g)(3));
  7. s/he is illegally in the U.S. or was admitted under a nonimmigrant visa and who is prohibited from possession of a firearm under federal law (18 USC § 922(g)(5));
  8. s/he was a U.S. citizen and gave up (renounced) his/her citizenship; or
  9. s/he has been dishonorably discharged from the U.S. Armed Forces.4

After a certain amount of time passes, a person who was convicted of a crime could regain the right to get a firearm permit. See “If the abuser is prohibited from getting a firearm permit due to a criminal conviction, does the prohibition expire after a certain amount of time?” for more information.

1 ME ST T. 15 § 393(1)(1-A), (1-B); 17-A § 1604(1)
2 ME ST T. 15 § 393(1)(C)
3 ME ST T. 15 § 393(1)(D)
4 ME ST T. 15 § 393(1)(E) – (J)

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