Maine law specifically addresses the possession of firearms while under the influence of alcohol or drugs in certain locations. The primary statute is...
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Maine law specifically addresses the possession of firearms while under the influence of alcohol or drugs in certain locations. The primary statute is Title 17-A, §1057, which governs firearm possession in establishments licensed for on-premises consumption of liquor.
It is a criminal offense to possess any firearm in a licensed establishment (a bar, restaurant, or other venue holding an on-premises retail liquor license as defined by Title 28-A, §2, subsection 15) while:
These are alternative bases for the offense — a person can be convicted either for being "under the influence" (an impairment standard) or for exceeding the 0.08 BAC threshold, regardless of apparent impairment.
The statute incorporates the same definition used for operating under the influence of intoxicants in Maine's motor vehicle code: Title 29-A, §2401, subsection 13. The standards, tests, and procedures for determining impairment or excessive alcohol level follow those set forth in Title 29-A, §§2411 and 2431 (Maine's OUI testing framework).
Under §1057(4), a law enforcement officer who has probable cause to believe a person is violating the under-the-influence provision may require that person to submit to chemical testing to determine alcohol level or drug concentration. If the person:
the refusal is admissible as evidence that the person was under the influence. There is no separate administrative penalty specified for refusal (unlike Maine's OUI implied consent law), but the evidentiary inference can support a conviction.
Section 1057(3) explicitly states: holding a concealed handgun permit issued under Title 25, Chapter 252 is not a defense to prosecution under this statute. This applies equally to:
Separately from the intoxication offense, §1057(1)(A) also makes it a crime for non-law-enforcement persons to possess a firearm on the premises of a licensed establishment that has posted signage prohibiting or restricting firearms, where the posting is "reasonably likely to come to the attention of patrons." This is a standalone offense that does not require intoxication — merely possessing a firearm in violation of the posted restriction is sufficient.
Exemptions from the posted-restriction rule only (not the intoxication rule):
Criminal possession of a firearm under this statute is a Class D crime in Maine. Under Maine's sentencing structure (17-A M.R.S. §1604), a Class D crime carries:
In addition, mandatory consequences are imposed as part of every conviction:
| Consequence | Detail |
|---|---|
| Permit revocation | The court must revoke any concealed firearm permit held by the convicted person |
| PI license suspension | If the person is a licensed professional investigator, the court suspends their concealed carry authority for 5 years |
| Future permit ineligibility | The convicted person is ineligible to obtain or apply for a concealed firearm permit for 5 years from the date of conviction |
An important distinction in Maine law: §1057 applies specifically to licensed establishments (venues with on-premises liquor licenses). Unlike some states that broadly prohibit carrying a firearm anywhere while intoxicated, Maine's statute is location-specific. The source material does not identify a general prohibition on carrying a firearm while intoxicated in other locations (e.g., on public streets, in one's home, or in other private establishments without liquor licenses).
This does not mean carrying while intoxicated elsewhere is without legal risk — other statutes such as reckless conduct (17-A M.R.S. §211) or criminal threatening (17-A M.R.S. §209) could apply depending on the circumstances.
Maine law separately prohibits hunting while under the influence of intoxicating liquor or drugs under the state's general hunting laws administered by the Department of Inland Fisheries and Wildlife. This is a distinct offense from §1057 and applies in all hunting contexts regardless of location. During archery season, hunters may carry a handgun in accordance with Title 25, §2001-A but may not use it to shoot or dispatch deer — the under-the-influence hunting prohibition applies to all firearms carried while hunting.
Maine enacted permitless (constitutional) carry effective October 15, 2015, allowing persons 21 and older (or 18+ for active-duty military) to carry concealed handguns without a permit under Title 25, §2001-A. The §1057 under-the-influence prohibition applies equally to permitless carriers — the statute criminalizes "possessing a firearm" in the specified circumstances, regardless of whether the person holds a permit or carries under the permitless carry provision.
| Statute | Subject |
|---|---|
| 17-A M.R.S. §1057 | Possession of firearms in licensed establishments (primary statute) |
| 25 M.R.S. Chapter 252 | Concealed handgun permits |
| 25 M.R.S. §2001-A | Permitless (constitutional) carry |
| 29-A M.R.S. §2401(13) | Definition of "under the influence of intoxicants" |
| 29-A M.R.S. §§2411, 2431 | Chemical testing standards and procedures |
| 28-A M.R.S. §2 | Definitions for licensed establishments |
| 32 M.R.S. Chapter 89 | Professional investigator licensing |
§1057 was enacted in 1989 (PL 1989, c. 917, §2) and has been amended multiple times, most recently in 2015 (PL 2015, c. 329, Pt. B, §1) to update references following the enactment of permitless carry. The 2009 amendments (PL 2009, c. 447) added the chemical testing provisions and refined the excessive alcohol level standard. The 2011 amendments (PL 2011, c. 366; c. 691, Pt. A) restructured the penalty provisions and updated the definition cross-references.
Sources: Maine Revised Statutes Title 17-A, §1057 (via legislature.maine.gov); Maine Department of Inland Fisheries and Wildlife general hunting laws and hunting equipment laws (maine.gov/ifw). Content verified against official .gov sources as of April 2026.
This page covers one part of our Maine concealed carry guide.
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