Storage Requirements | Maine Concealed Carry

Storage Requirements for Firearms — Maine

Maine does not impose a general mandatory firearm storage law applicable to all gun owners or concealed carry permit holders. However, Maine enacted a child access prevention (CAP) law in 2021 (PL 2021, c. 388) that criminalizes negligent firearm storage when a child gains access, and several additional statutes address storage in specific contexts. Maine also preempts local firearm regulation (Title 25, §2011), meaning municipalities generally cannot impose storage requirements beyond state law.

Child Access Prevention — Negligent Storage (Enacted 2021)

Under Maine Revised Statutes, Title 17-A, §554(1)(B-4), a person is guilty of endangering the welfare of a child if that person:

• Acting with criminal negligence stores or leaves on premises under the person's control a loaded firearm in a manner that allows a child under 16 years of age to gain access without the permission of the child's parent, foster parent, or guardian; and
• The child in fact gains access to the loaded firearm and:
  1. Uses it in a reckless or threatening manner;
  2. Uses it during the commission of a crime; or
  3. Discharges the firearm.

Violation is a Class D crime (up to 1 year imprisonment and/or up to $2,000 fine).

Source: PL 2021, c. 388, §2 (NEW).

Affirmative Defenses (§554(4))

The 2021 law provides six affirmative defenses that effectively define what the legislature considers adequate storage. A defendant may raise the defense that:

Additionally, a child who gains access to defend themselves or a third person under the justification provisions of Title 17-A, §108(2)(A) or (B) (use of force in defense of self or others) is also an affirmative defense (§554(4)(C)).

Source: PL 2021, c. 388, §3 (NEW).

Dealer Requirements: Warning Signs and Safety Brochures

Maine imposes two separate point-of-sale obligations on firearms dealers to promote safe storage:

1. Warning Sign Posting (Title 25, §2013)

Every commercial retail sales outlet that sells firearms must conspicuously post at each purchase counter a warning sign in block letters not less than one inch in height reading:

"ENDANGERING THE WELFARE OF A CHILD IS A CRIME. IF YOU LEAVE A FIREARM AND AMMUNITION WITHIN EASY ACCESS OF A CHILD, YOU MAY BE SUBJECT TO FINE, IMPRISONMENT OR BOTH. USE TRIGGER LOCKS."

• The same warning must be posted at all entrances of organized gun shows (§2013(1-A)).
• Failure to post the warning is a civil violation with a forfeiture of up to $200.
• Wholesalers selling only to other dealers and manufacturers selling only at wholesale are exempt.

2. Safety Brochure and Trigger Lock Demonstration (Title 25, §2012)

Licensed firearm dealers must:

1. Include a basic firearm safety brochure with every retail firearm sale covering:
   • Rules for safe handling, storage, and use of firearms;
   • Nomenclature and descriptions of various firearm types;
   • Responsibilities of firearm ownership;
   • A list of locations where handguns are prohibited (developed by the Department of Public Safety); and
   • Information concerning handgun use for self-defense.
2. Offer to demonstrate the use of a trigger locking device to each purchaser.
3. Post information about the availability of known local voluntary firearm safety programs in a conspicuous place.

Dealers may charge for the brochure up to cost, and the brochure is not required if the manufacturer already includes one. Organizations producing safety brochures and dealers are shielded from liability for injuries from accidental discharge of nondefective firearms.

Source: PL 1991, c. 127 (NEW); PL 2015, c. 327, §6 (AMD).

Storage on School Property (Title 20-A, §6552)

Possession of a firearm on public school property or approved private school property is generally prohibited, with discharge prohibited within 500 feet. Three narrow exceptions exist (all require written school board policy):

1. Supervised educational programs — An unloaded firearm may be possessed for use in a school board-approved educational program with appropriate student safety safeguards (§6552(2)(B)(1)).

2. Hunter's breakfast events — An unloaded firearm stored inside a locked vehicle in a closed container, zipped case, or locked firearms rack while attending a hunter's breakfast or similar event, provided:

   • The event is held during an open firearm season under Title 12, Part 13;
   • The event takes place outside regular school hours; and
   • The event is authorized by the school board (§6552(2)(B)(2)).

3. School-operated gun ranges — Possession or discharge of a firearm at a school-operated gun range as part of a school-sanctioned program, if the range and program are authorized by the school's governing body (§6552(2)(C)).

Law enforcement officials are exempt from all provisions. Violation of §6552 is a Class E crime (up to 6 months imprisonment and/or up to $1,000 fine).

Source: PL 2009, c. 614, §§2, 3 (AMD).

State Preemption of Local Firearms Regulation (Title 25, §2011)

Maine preempts the entire field of firearms regulation at the state level. No political subdivision — including municipalities, counties, townships, or village corporations — may adopt any order, ordinance, rule, or regulation concerning the sale, purchase, transfer, ownership, use, possession, bearing, transportation, licensing, permitting, registration, taxation, or any other matter pertaining to firearms, components, ammunition, or supplies.

The sole exception allows local ordinances that conform exactly with state law (except for civil penalty provisions) or that regulate the discharge of firearms within a jurisdiction.

This means municipalities cannot impose local mandatory storage requirements beyond what state law provides.

Source: Title 25, §2011.

Office of Violence Prevention — Safe Storage Education (Title 22, §1427)

The 131st Legislature established the Office of Violence Prevention within the Maine Center for Disease Control and Prevention. Among its statutory mandates, the office is directed to:

• Educate the general public about best practices for safe storage of firearms (§1427(4)(A)(5));
• Conduct awareness and education campaigns directed toward gun owners, parents, and legal guardians (§1427(4)(B)(3));
• Support education campaigns relating to safe storage of firearms and suicide prevention at the request of the Director of the Maine CDC (§1427(4)(B)(4));
• Develop educational materials and training resources for law enforcement, health care providers, and educators on effective violence prevention strategies (§1427(4)(B)(1)).

The office may also administer grants for community-based violence intervention initiatives.

Federal Law: Interstate Transport (FOPA)

Under 18 U.S.C. § 926A (Firearms Owners' Protection Act), persons lawfully transporting firearms interstate through Maine must store them unloaded and not readily accessible from the passenger compartment, with ammunition stored separately. This applies regardless of state law.

Proposed but Not Enacted: Broader Storage Mandates (2019)

The Maine Legislature's Criminal Justice and Public Safety (CJPS) Committee considered broader safe storage bills during the 129th Legislature, 1st Regular Session (2019) that were not enacted but illustrate the legislative landscape prior to the 2021 CAP law:

Notably, the 2021 enactment of §554(1)(B-4) addressed similar concerns to LD 379 but through the existing endangering the welfare of a child statute and with a criminal negligence standard rather than a "knew or reasonably should have known" standard.

Constitutional considerations raised during committee review included District of Columbia v. Heller (2008), which struck down a D.C. requirement that firearms in the home be disassembled or disabled by a trigger lock, and Maine Constitution, Article I, Section 16: "Every citizen has a right to keep and bear arms and this right shall never be questioned."

Key Statutes

Summary

Maine's approach to firearm storage combines a targeted criminal law with education-based measures. Since 2021, negligently storing a loaded firearm in a manner that allows a child under 16 to gain access — resulting in reckless use, criminal use, or discharge — is a Class D crime under §554(1)(B-4), though six affirmative defenses (including locked storage, trigger locks, and on-person carry) are available. Dealers must provide safety brochures covering storage practices (§2012) and post conspicuous warnings about child access (§2013). The state-level Office of Violence Prevention is mandated to educate the public on safe storage best practices. Storage of firearms on school property is strictly limited to specific locked-vehicle exceptions and authorized programs (§6552). Maine's state preemption law (§2011) prevents municipalities from imposing additional storage mandates. Concealed carry permit holders should follow safe storage practices — particularly securing loaded firearms from children — and comply with federal transport requirements when traveling interstate.

Note: This summary is based on the Maine Revised Statutes (Titles 17-A, 20-A, 22, and 25), federal law (18 U.S.C. § 926A), and legislative records cited above. Readers should consult the full statutes for authoritative guidance. The state preemption provision (§2011) generally prevents local storage ordinances, but exceptions exist for discharge regulations that conform to state law.