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MAINE CONSTITUTIONAL CARRY

 

ALLSPORT PERFORMANCE INC.

681 BOG ROAD

HERMON, MAINE 04401

WWW.MAINEGUNDEALER.COM

 

 

MONDAY: NOON - 5:30pm TUESDAY - FRIDAY: 9:00am - 5:30pm SATURDAY: 8:00am - 2:00pm SUNDAY: RANDOM SEE FACEBOOK

 

 

THIS MAINE CONSTITUTIONAL CARRY LAW WILL TAKE EFFECT ON OCTOBER 15TH 2015

 

 

The Maine State Police have a summary of how the new law affects you here or read below. The links can be found on this page 

http://maine.gov/dps/msp/licenses/weapons_permits.html


Summary of Public Law 2015, Chapter 327 (127thLegis., LD 652)


Once it goes into effect, Public Law 2015, Chapter 327 (LD 652), “An Act To Authorize the Carrying of Concealed Handguns without a Permit,” 
allows a person who is not otherwise prohibited from possessing a firearm to carry a concealed handgun in the State of Maine without a permit. This 
law also authorizes a person to possess a loaded pistol or revolver while in a motor vehicle, trailer or other vehicle being hauled by a motor vehicle.
The new law goes into effect 90 days from final adjournment of the Legislature. It amends statutes in Maine Titles 12 and 25. 
Concealed carry without a permit is limited to people who are 21 or older, with the following exception: If a person is 18 years of age or older, and is 
on active duty in the Armed Forces of the United States or the National Guard, or has been honorably discharged from the Armed Forces or the 
National Guard, and is not otherwise prohibited from carrying a firearm, the person may carry a concealed handgun. A person who 
is 18-20 years old and without the referenced military qualifications must have a permit to carry concealed. The law applies to both residents 
of Maine and non-residents.

The law does not otherwise change where a person may carry or who may possess a firearm. 
It will still be illegal to possess a firearm in the following places, with some very limited exceptions:

•Courthouses (17-A M.R.S. § 1058)
•State Parks (12 M.R.S. § 1803(6), (7) and Bureau of Parks and Lands Rules Chapter 1)
•Acadia National Park (12 M.R.S. § 756) 
•Schools (20-A M.R.S. § 6552)
•Federal buildings (18 U.S.C. § 930)
•State Capitol area (25 M.R.S. § 2904 & DPS Rule Chapter 41)
•Private property when prohibited by the property owner
•Establishments licensed for on-premises consumption of liquor, if the premises are posted. Note that even if there is no posted 
prohibition, it is illegal to carry on these premises while under the influence of intoxicating liquor or drugs. (17-A M.R.S. §1057) 

There will be some circumstances in which an optional handgun permit will authorize the permittee to in certain locations or 
during an activity when an unpermitted person could not:
•Acadia National Park (Permit required; 12 M.R.S. §756)
•State Parks (Permit required; open carry not permitted; 12 M.R.S. § 1803(7))
•Regular archery hunting-deer only (Permit required;12 MRS § 11403)
•Employees’ vehicles on work premises (Permit required; vehicle must be locked and firearm must not be visible; 26 M.R.S. §600)

If an individual is carrying a concealed handgun without a permit, he/she has 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 the individual is carrying a concealed handgun.

The law pertains only to handguns, not all weapons. It is important to remember that this law does NOT authorize persons who are prohibited 
from possessing firearms to carry them. If a person is prohibited from owning or possessing a firearm, this law does nothing to change that 
prohibition. A person may be prohibited from possessing firearms or ammunition under state law, federal law, or both. 
Prohibitions include convictions (felony and qualifying misdemeanor crimes of domestic violence); some juvenile adjudications; many protection from abuse orders, 
dishonorable discharge from the military; immigration status; deferred disposition status; certain mental health adjudications (civil involuntary 
commitment; finding of not guilty by reason of insanity; finding of not competent to stand trial) and certain probate adjudications. Prohibitions 
may also be imposed by conditions of bail, probation, and deferred disposition agreements.

Firearms laws are complex. The summary above is necessarily an overview. Persons may wish to contact qualified private counsel and or review the 
applicable law if they have questions regarding whether they can legally possess firearms or ammunition. This agency is not authorized to give legal 
advice. This summary cannot be used as a defense to illegal activity involving firearms or ammunition.

This agency strongly recommends that all persons carrying firearms be familiar with firearms safety and the 
circumstances under which deadly force may be used.

 


 

APPROVED

JULY 8, 2015

BY GOVERNOR

CHAPTER

327

PUBLIC LAW

 

STATE OF MAINE

_____

IN THE YEAR OF OUR LORD TWO THOUSAND AND FIFTEEN

_____

S.P. 245 - L.D. 652

An Act To Authorize the Carrying of Concealed Handguns without a Permit

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §11212, sub-§1, ¶B, as amended by PL 2005, c. 477, §9, is

further amended to read:

B. A person may not, while in or on a motor vehicle or in or on a trailer or other type of vehicle being hauled by a motor vehicle, have a cocked and armed crossbow or 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 or mechanism, except that a person who has a valid Maine permit to carry a concealed weapon is 21 years of age or older and is not otherwise prohibited from possessing a firearm or is 18 years of age or older and under 21 years of age and is on active duty in the Armed Forces of the United States or the National Guard or is an honorably discharged veteran of the Armed Forces of the United States or the National Guard and is not otherwise prohibited from carrying a firearm may have in or on a motor vehicle or trailer or other type of vehicle a loaded pistol or revolver covered by that permit.

Sec. 2. 25 MRSA §2001-A, sub-§2, ¶A-1 is enacted to read:

A-1. A handgun carried by a person who is 21 years of age or older and is not otherwise prohibited from carrying a firearm or is 18 years of age or older and under 21 years of age and is on active duty in the Armed Forces of the United States or the National Guard or is an honorably discharged veteran of the Armed Forces of the United States or the National Guard and is not otherwise prohibited from carrying a firearm;

Sec. 3. 25 MRSA §2001-A, sub-§3 is enacted to read:

3. Firearm safety brochure. Upon purchase of a handgun, a person exempt under subsection 2, paragraph A-1 shall sign in the presence of the firearm dealer an acknowledgment that the person was provided a basic firearm safety brochure in accordance with section 2012, subsection 2, paragraph A. The purchaser shall retain the acknowledgment. The Department of Public Safety shall post on the department's publicly accessible website a basic firearm safety brochure, an acknowledgment form and a list of safety programs certified by a national nonprofit membership organization that provides a volunteer safety program, including the training of people in the safe handling and use of handguns.

Sec. 4. 25 MRSA §2003-A is enacted to read:

§2003-A. Duty to inform law enforcement

When an individual who is carrying a concealed handgun pursuant to the authority of this chapter and who does not have a valid permit to carry a concealed handgun that has been issued as provided in this chapter first comes into contact with any law enforcement officer of this State or its political subdivisions or a federal law enforcement officer during the course of any arrest, detainment or routine traffic stop, that individual shall immediately inform that law enforcement officer of the fact that the individual is carrying a concealed handgun.

Sec. 5. 25 MRSA §2004, sub-§5 is enacted to read:

5. Failure to inform law enforcement. A person who fails to comply with section

2003-A commits a civil violation for which a fine of not more than $100 may be adjudged.

Sec. 6. 25 MRSA §2012, sub-§1, ¶A, as enacted by PL 1991, c. 127, is amended to read:

A. "Basic firearm safety brochure" means a brochure, produced by a national, nonprofit membership organization that provides a comprehensive voluntary safety program including the training of people in the safe handling and use of firearms or by any other organization, that contains the following information relating to firearms:

(1) Rules for safe handling, storage and use of firearms;

(2) Nomenclature and descriptions of various types of firearms; and

(3) Responsibilities of firearm ownership.; and

(4) The following information developed by the Department of Public Safety:

(a) A list of locations where handguns are prohibited; and

(b) Information concerning the use of handguns for self-defense.

Sec. 7. Appropriations and allocations. The following appropriations and allocations are made.

PUBLIC SAFETY, DEPARTMENT OF

Licensing and Enforcement - Public Safety 0712

Initiative: Eliminates 2 Office Associate II positions, one State Police Detective position and related costs as a result of allowing certain people to carry a concealed handgun without a permit.

OTHER SPECIAL REVENUE FUNDS 2015-16 2016-17

POSITIONS - LEGISLATIVE COUNT (3.000) (3.000)

Personal Services ($189,000) ($259,560)

All Other ($13,451) ($17,935)

OTHER SPECIAL REVENUE FUNDS TOTAL ($202,451) ($277,495)

 

 

 

 

In the United States, the term constitutional carry is a neologism for the legal carrying of handgun, either openly or concealed, without the requirement of a government permit.[1][2][3] The phrase does not typically refer to the unrestricted carrying of a long gun, a knife, or other weapons. The scope and applicability of such laws or proposed legislation can vary from state to state.

The phrase "constitutional carry" reflects the view that the Second Amendment to the United States Constitution permits no restrictions or other regulations on gun ownership, although District of Columbia v. Heller, decided by the Supreme Court of the United States in 2008, suggests that some state or local controls may be allowed, at least as to certain types of weapons. Prior to Heller there have been many other cases that have upheld both state and federal gun control laws under the Second Amendment. The Heller case was upheld by the Court in McDonald v. Chicago, passed in 2010, that found that the 2d and 14th Amendments to the Constitution were "fully incorporated" and thus the right to "...keep and bear arms applies to the States and not 'in a watered-down version' but 'fully applicable'...," and does limit State and Local Governments in passing Laws that restrict this "individual" and "fundamental" Right to "...keep and bear arms," for Self-Defense. Self-Defense was considered by the SCOTUS a "...central component of the 2d Amendment." All of the state laws described below operate in the context of federal regulation regarding the transfer and sale of firearms. Firearms and ammunition are subject to taxation as well.

Constitutional carry is also sometimes known as "Vermont carry",[3] "permitless carry", or "unrestricted carry."[4]

 

 

 

 

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