Red Flag Laws | Maine Concealed Carry

Red Flag Laws in Maine

Maine has two distinct extreme risk protection order (ERPO) systems that allow for the temporary removal of firearms and dangerous weapons from individuals deemed to pose a danger:

1. Title 34-B, §3862-A — A threat-based restriction system tied to law enforcement protective custody, enacted in 2019 (PL 2019, c. 411) and significantly amended in 2023 (PL 2023, c. 675).
2. Title 25, §§2244–2245 — A petition-based ERPO system enacted by citizen initiative (IB 2025, c. 1), effective February 23, 2026, which allows family/household members and law enforcement to petition the court directly.

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System 1: Threat-Based Restrictions (Title 34-B, §3862-A)

This system is triggered when a law enforcement officer takes a person into protective custody and has probable cause to believe the person possesses, controls, or may acquire a dangerous weapon.

Process

1. Protective custody & medical assessment: A medical practitioner assesses whether the person presents a "likelihood of foreseeable harm" — defined as a substantial risk of serious physical harm to self (recent suicidal behaviors/threats) or others (recent homicidal or violent behavior, or statements placing others in reasonable fear of serious physical harm) (§3862-A(1)(G)).
2. Judicial endorsement: If the medical practitioner finds a likelihood of foreseeable harm, law enforcement seeks endorsement from a Justice of the Superior Court, Judge of the District Court, or justice of the peace (§3862-A(3)).
3. Initial restrictions (30 days): Upon endorsement and notice, the person becomes a "restricted person" who is immediately prohibited from possessing, controlling, or acquiring any dangerous weapon and must surrender all weapons to law enforcement (§3862-A(4)).
4. Judicial hearing (within 30 days): The court holds a hearing where the district attorney bears the burden of proving by clear and convincing evidence that the restricted person presents a likelihood of foreseeable harm (§3862-A(6)(B)).
5. Extended restrictions (up to 1 year, renewable): If the court finds clear and convincing evidence, restrictions are extended for up to one year. The court schedules a renewal hearing within 45 days before expiration (§3862-A(6)(D)(2)–(3)).

Protective Custody Warrant

If law enforcement cannot take a person into protective custody directly, they may apply for a protective custody warrant by submitting an affidavit of probable cause to a judicial officer, demonstrating probable cause of mental illness presenting a likelihood of serious harm, probable cause the person possesses/controls/may acquire a dangerous weapon, and that reasonable attempts to take the person into custody without a warrant have been made (§3862-A(2-A)).

Factors Considered at Hearing

The court considers all relevant evidence, including (§3862-A(6)(C)):

• Recent threats or acts of violence toward others or self
• Unlawful abuse of animals
• Reckless use or threatening display of a dangerous weapon
• History of use, attempted use, or threatened use of physical force
• Prior custodial events or restrictions under this section
• Prior involuntary psychiatric confinement
• Prior protection from abuse/harassment orders or violations
• Evidence of stalking, severe obsession, or sexual violence
• Illegal use of controlled substances; alcohol or drug abuse
• Whether the person is receiving responsive mental health or substance use treatment

Dissolution by Restricted Person

A restricted person may file one motion for dissolution during an extended restriction period. The restricted person bears the burden of proving by clear and convincing evidence that they no longer pose a likelihood of foreseeable harm (§3862-A(6)(D)(4)).

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System 2: Petition-Based ERPO (Title 25, §§2244–2245)

Effective February 23, 2026, this newer system allows eligible petitioners to seek an ERPO directly from the court without a prior protective custody event.

Who Can Petition

• Law enforcement officers or agencies
• Family or household members, defined under 25 M.R.S. §2242(4) as:
  • Spouse or domestic partner of the respondent
  • Person presently or formerly living with the respondent as a spouse
  • Parent of a child of the respondent
  • Adult sibling of the respondent
  • Adult child of the respondent
  • Parent of the respondent
  • Adult presently living with the respondent

Filing Requirements

• Petitions are filed at the local district court (open Monday–Friday, 8:00 AM–4:00 PM)
• No filing fee is required
• The petition must demonstrate that the respondent poses a significant danger of causing physical injury to themselves or others by purchasing, possessing, receiving, or having custody or control of a dangerous weapon
• The petition must contain specific facts and as much detail as possible
• Form: Affidavit and Petition for Extreme Risk Protection Order (CWR-001)

Hearing & Evidence Standard

• A hearing must be held within 14 days of filing the petition
• The petitioner bears the burden of proof and presents evidence first
• Both parties may testify, present documents, and call witnesses
• The respondent has the opportunity to challenge evidence

Emergency Orders

Petitioners may request an emergency ERPO (Title 25, §2245) at the time of filing. If granted, the emergency order requires the respondent to immediately relinquish dangerous weapons to the law enforcement officer serving the order, pending the final hearing.

Duration & Renewal

• An ERPO lasts up to one year
• A petitioner may request renewal for up to one additional year by filing a motion not more than 30 days and not less than 14 days before the expiration date
• The respondent may file one motion to terminate the order while it is active

Right to Counsel

If the respondent cannot afford an attorney, the court will appoint one. Petitioners are not eligible for court-appointed counsel but may represent themselves, hire an attorney, or contact legal services organizations.

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Criminal Penalties

Important: The prohibitions under §393(1)(E-1), (E-2), and (E-3) apply to possession and control, not ownership. A permit issued under §393(2) is not a defense to a violation of paragraph E-1.

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Weapons Storage & Return

• Surrendered or seized weapons are stored by the law enforcement agency or arrangements may be made with another agency or a federally licensed firearms dealer (§3862-A(7))
• Weapons must be returned when threat-based restrictions expire or an ERPO ends
• If weapons remain unclaimed for 6 months after expiration or dissolution, law enforcement may dispose of them consistent with 25 M.R.S. §3503-A
• A restricted person making "all practical, immediate efforts" to comply with a surrender notice is not subject to arrest or prosecution as a prohibited person (§3862-A(5))
• If law enforcement has probable cause to believe weapons have not been surrendered, they may search for and seize them with a judicially issued warrant (§3862-A(5))

Reporting & Database

• Court orders containing weapon prohibitions must be electronically transmitted to the Department of Public Safety, Bureau of State Police within 72 hours of issuance (§3862-A(6)(D)(5))
• The abstract is confidential (not a public record) but may be shared with criminal justice agencies, the FBI/NICS, and concealed firearm permit issuing authorities
• Upon expiration, the Department of Public Safety must request that the FBI NICS database no longer reflects the expired order as a ground for prohibition

Key Statutes

• 15 M.R.S. §393 — Possession of firearms prohibited for certain persons (amended by IB 2025, c. 1, §1)
• 34-B M.R.S. §3862-A — Extreme risk protection orders (protective custody system) (PL 2019, c. 411; amended PL 2023, c. 675)
• 25 M.R.S. §2244 — Extreme risk protection orders (petition-based system) (IB 2025, c. 1)
• 25 M.R.S. §2245 — Emergency extreme risk protection orders (IB 2025, c. 1)
• 25 M.R.S. §2242(4) — Definition of eligible family/household member petitioners

Note: Maine's petition-based ERPO system (Title 25, §§2244–2245) was enacted by citizen initiative (IB 2025, c. 1) and took effect on February 23, 2026. The older protective-custody-based system (Title 34-B, §3862-A) has been in effect since 2019. Concealed carry permit holders should be aware that being subject to either type of order triggers firearm possession prohibitions under 15 M.R.S. §393. Readers should verify current legislative status, as amendments may be enacted after the date of this reference.