Transportation Laws | Maine Concealed Carry

Transportation Laws for Firearms in Maine

Overview

Maine is a constitutional carry (permitless carry) state as of October 15, 2015 (Public Law 2015, Chapter 327). Persons who are 21 years of age or older — or 18–20 if on active duty in the Armed Forces or National Guard, or an honorably discharged veteran — and who are not otherwise prohibited from possessing firearms may carry a concealed handgun without a permit, including in a motor vehicle (25 M.R.S. § 2001-A(2)(A-1)).

Maine also issues concealed handgun permits (valid 4 years) for those who want one for reciprocity purposes when traveling to other states (25 M.R.S. § 2003).

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Vehicle Carry Rules

Handguns — Concealed Carry in Vehicles

Persons who are eligible under Maine's permitless carry law (25 M.R.S. § 2001-A(2)(A-1)) or who hold a valid Maine concealed handgun permit may carry a loaded handgun (pistol or revolver) in a motor vehicle, either concealed on the person or stored in the vehicle.

Long Guns — Loaded Firearm Prohibition in Vehicles

Under 12 M.R.S. § 11212-A, it is generally unlawful for a person in or on a motor vehicle (including trailers hauled by motor vehicles) to:

• Possess a loaded firearm (a firearm with a cartridge or shell in the chamber or in an attached magazine, clip, or cylinder, or a muzzle-loading firearm charged with powder, lead, and a primed ignition device)
• Shoot from a motor vehicle
• Rest a loaded firearm on a motor vehicle

Exceptions to the loaded-firearm-in-vehicle prohibition:

Violation of 12 M.R.S. § 11212-A is a Class E crime.

Hunting License Holders — Special Restriction

Under 25 M.R.S. § 2001-A(2)(E), the exception for licensed hunters and trappers to carry concealed weapons (knives, etc.) while engaged in hunting activities "does not authorize or permit the carrying of a concealed or loaded firearm in a motor vehicle." Hunters transporting firearms in vehicles must comply with the general vehicle-carry rules above.

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Duty to Inform Law Enforcement

Under 25 M.R.S. § 2003-A (enacted 2015), individuals carrying a concealed handgun without a valid permit (i.e., under the permitless carry provision) must immediately inform any law enforcement officer upon first contact during:

• An arrest
• A detainment
• A routine traffic stop

This requirement applies to contact with state, local, and federal law enforcement officers. Failure to inform is a civil violation with a fine of up to $100 (25 M.R.S. § 2004).

Note: This duty does not apply to individuals who hold a valid Maine concealed handgun permit.

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Firearms in Employee Vehicles

Under 26 M.R.S. § 600, an employer (including the State of Maine) may not prohibit an employee who has a valid concealed carry permit from keeping a firearm in the employee's vehicle, provided:

1. The vehicle is locked
2. The firearm is not visible

Employers receive immunity from civil liability for damages or injuries arising from firearms stored in employee vehicles under this provision, except in cases of intentional solicitation or procurement of harmful actions.

This statute does not authorize carrying a firearm into any location where carrying is otherwise prohibited by law.

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Restricted Locations Relevant to Transport

School Property — 20-A M.R.S. § 6552

It is unlawful to possess a firearm on public school property or approved private school property, or to discharge a firearm within 500 feet of such property.

Exceptions for vehicles:

• Unloaded firearms stored in locked vehicles in closed containers, zipped cases, or locked racks are permitted during events such as hunter's breakfasts held outside regular school hours during open firearm seasons, if authorized by the school board
• Law enforcement officers are exempt

Violation is a Class E crime.

Licensed Liquor Establishments — 17-A M.R.S. § 1057

A person may not possess a firearm in a licensed establishment (bar or venue with on-premises alcohol license) if:

1. The establishment has posted a prohibition on firearms, or
2. The person is under the influence of alcohol or drugs (BAC of 0.08 g/100 mL blood or 210 L breath or higher)

Holding a concealed carry permit is not a defense to this charge. Violation is a Class D crime with mandatory permit revocation and a 5-year prohibition on obtaining a new permit.

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State Preemption of Local Regulations — 25 M.R.S. § 2011

Maine law preempts the entire field of firearms regulation. Political subdivisions (municipalities, counties, townships, village corporations) may not adopt any order, ordinance, rule, or regulation concerning:

• Sale, purchase, or transfer of firearms
• Ownership, use, or possession
• Bearing and transportation
• Licensing, permitting, or registration
• Taxation

Any existing local ordinances on these subjects are void.

Limited municipal authority: Municipalities may regulate the discharge of firearms within their jurisdiction and may adopt ordinances that conform exactly with state law.

Emergency protections (2011 amendment): During a declared state of emergency, no person acting under state or local authority may prohibit, restrict, or seize lawfully possessed firearms or ammunition.

This means that transportation rules are uniform statewide — there are no local vehicle-carry restrictions that differ from state law.

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Machine Guns — 17-A M.R.S. §§ 1051–1052

• Possession of a machine gun without authority is a Class D crime (§ 1051)
• Machine guns manufactured, acquired, transferred, or possessed in accordance with the National Firearms Act (NFA) are exempt (§ 1052)
• Law enforcement officers, Armed Forces, Maine National Guard, and Maine State Guard may possess machine guns when authorized by their appointing authority

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Federal Interstate Transport — 18 U.S.C. § 926A (FOPA)

The Firearms Owners' Protection Act provides a federal safe harbor for transporting firearms through any state (including Maine) where possession might otherwise be restricted, provided:

1. The person may lawfully possess the firearm at both the origin and destination
2. The firearm is unloaded
3. The firearm is not readily accessible from the passenger compartment (or, if accessible due to vehicle design, is in a locked container other than the glove compartment or console)

This federal protection applies to travelers passing through Maine and to Maine residents transporting firearms through more restrictive states.

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Penalties Summary

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Concealed Handgun Permit Details (for Reciprocity/Travel)

While not required for in-state carry, Maine permits are useful for interstate travel:

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Key Statutes Reference

• 25 M.R.S. § 2001-A — Carrying concealed weapons; permitless carry exceptions
• 25 M.R.S. § 2003 — Concealed handgun permit requirements
• 25 M.R.S. § 2003-A — Duty to inform law enforcement
• 25 M.R.S. § 2004 — Penalties
• 25 M.R.S. § 2011 — State preemption of local firearms regulations
• 12 M.R.S. § 11212-A — Loaded firearms in motor vehicles (hunting context)
• 17-A M.R.S. § 1051 — Possession of machine guns
• 17-A M.R.S. § 1052 — Transport of machine guns; NFA exemption
• 17-A M.R.S. § 1056 — Armor-piercing ammunition
• 17-A M.R.S. § 1057 — Firearms in licensed liquor establishments
• 20-A M.R.S. § 6552 — Firearms on school property
• 26 M.R.S. § 600 — Firearms in employee vehicles
• 29-A M.R.S. § 2088 — Pickup truck passenger restrictions (references firearm transport compliance)
• 18 U.S.C. § 926A — Federal interstate transport protection (FOPA)