Maine Duty to Inform: Police Stops While Carrying

Duty to Inform Law Enforcement — Maine

Overview

Maine does impose a statutory duty to inform law enforcement, but only for individuals carrying a concealed handgun without a permit under the state's permitless (constitutional) carry law. Holders of a valid Maine Concealed Handgun Permit (CHP) are not subject to this requirement.

This duty was enacted as part of Public Law 2015, Chapter 327 (LD 652), the same legislation that authorized permitless carry, effective October 15, 2015.

Statutory Requirements

Maine Revised Statutes, Title 25, § 2003-A — Duty to Inform Law Enforcement

If an individual is carrying a concealed handgun without a permit, they have a duty, when coming into contact with any law enforcement officer during a routine stop, detention, or arrest, to immediately inform the law enforcement officer that they are carrying a concealed handgun.

Key elements of the duty:

• Who it applies to: Only persons carrying concealed without a permit (i.e., under permitless carry authority). Concealed Handgun Permit holders are exempt.
• When it is triggered: During any contact with a law enforcement officer involving a routine stop, detention, or arrest.
• What is required: Immediate, affirmative disclosure that the individual is carrying a concealed handgun. The individual must volunteer this information — they cannot wait to be asked.
• Scope: Applies to handguns only, not all weapons.

Penalties for Non-Compliance

Maine Revised Statutes, Title 25, § 2004(5) — Failure to Inform Law Enforcement

A person who fails to comply with § 2003-A commits a civil violation for which a fine of not more than $100 may be adjudged. This is not a criminal offense — it is a civil infraction similar to a traffic ticket.

(Added by PL 2015, c. 327, §5)

Who Is Affected: Permitless Carry Eligibility

The duty to inform applies to anyone lawfully carrying concealed without a permit under Title 25, § 2001-A, which includes:

• Persons 21 years of age or older who are not otherwise prohibited from possessing firearms
• Persons 18–20 years of age who are on active duty in the U.S. Armed Forces or National Guard, or who have been honorably discharged
• Both Maine residents and non-residents

Persons aged 18–20 without qualifying military service must obtain a Concealed Handgun Permit under § 2003 to carry concealed and would therefore be exempt from the duty to inform (as permit holders).

Permit Holders vs. Permitless Carriers

This distinction provides a practical incentive for obtaining a Concealed Handgun Permit even though Maine allows permitless carry. A CHP also provides benefits for carry in certain restricted locations (State Parks, Acadia National Park, during archery deer hunting, and in employees' vehicles on work premises).

Key Statutes

Practical Guidance

• If carrying concealed without a permit, you must immediately and proactively inform any law enforcement officer you encounter during a stop, detention, or arrest that you are carrying a concealed handgun.
• If you hold a valid Maine CHP, you are not legally required to disclose that you are armed, though voluntarily informing the officer is generally considered a best practice for safety.
• If asked by an officer whether you are carrying a firearm, always answer truthfully regardless of permit status. Providing false information to law enforcement can result in separate criminal charges.
• The duty to inform applies only to concealed handguns — it does not extend to other weapons or to openly carried firearms.

Source: Maine State Police, Division of Weapons and Professional Licensing (maine.gov/dps/msp); Maine Revised Statutes, Title 25, Chapter 252.