State Gun Laws

If the abuser has a gun while any of the following apply, s/he is committing a Class C crime, which is punishable by up to five years in prison:

1. s/he was convicted as an adult of, or found “not criminally responsible by reason of insanity” for, any of the following crimes:
   • domestic violence assault;
   • domestic violence criminal threatening;
   • domestic violence terrorizing;
   • domestic violence stalking;
   • domestic violence reckless conduct;
   • a crime committed in another state that is similar to any of the domestic violence crimes listed above;
   • a crime that is punishable by a prison sentence of one year or more; or
   • any crime committed while using a firearm or other dangerous weapon in Maine, in another state, or in the Passamaquoddy Tribe or Penobscot Nation;¹ or
2. as a juvenile, s/he was found to have engaged in conduct that would have been considered any of the above-mentioned crimes if s/he committed the act as an adult. If it was “a crime that is punishable by a prison sentence of one year or more,” the prohibition only applies if, while committing the act, s/he caused bodily injury to another person or bodily injury was threatened.²

If the abuser has a gun while any of the following apply, s/he is committing a Class D crime, which is punishable by up to one year in prison:

1. there is a protection order against him/her that was issued after notice and a hearing in Maine or in any other state, U.S. territory, commonwealth or tribe, which does both of the following:
   • orders the abuser to not:
     • harass, stalk, or threaten an intimate partner or a child of his/her intimate partner; or
     • act in a way that would place the intimate partner in reasonable fear or bodily injury to himself/herself or to his/her child; and
   • either:
     • includes a determination that s/he represents a credible threat to the physical safety of an intimate partner or child; or
     • specifically prohibits the use, attempted use, or threatened use of physical force against an intimate partner or child that would reasonably be expected to cause bodily injury;³
2. s/he was involuntarily committed to a hospital because s/he was found to present a likelihood of causing serious harm;
3. s/he was found to be “not criminally responsible by reason of insanity” for any crime;
4. s/he was found to be “not competent to stand trial” for any crime;
5. s/he is a fugitive from justice;
6. s/he illegally uses, or is addicted to, any controlled substance and as a result cannot possess a firearm under federal law (18 USC § 922(g)(3));
7. s/he is illegally in the U.S. or was admitted under a nonimmigrant visa and who is prohibited from possession of a firearm under federal law (18 USC § 922(g)(5));
8. s/he was a U.S. citizen and gave up (renounced) his/her citizenship; or
9. s/he has been dishonorably discharged from the U.S. Armed Forces.⁴

Additionally, anyone who has a protection from abuse order against him/her that prohibits him/her from having a firearm or other dangerous weapon- regardless of the relationship with the victim- would also be prohibited from having a firearm or dangerous weapon while that protection order is in effect.⁵ If the abuser violates the terms of the order by having a gun or dangerous weapon after being notified of the order, the police can make an arrest and it can be a Class C or D crime.⁶ If the violation is a Class D crime, it is punishable by up to one year in prison. If the violation is a Class C crime, it is punishable by up to five years in prison.⁷

After a certain amount of time passes, a person who was convicted of a crime could regain the right to get a firearm permit. See “If the abuser is prohibited from getting a firearm permit due to a criminal conviction, does the prohibition expire after a certain amount of time?” for more information.

¹ ME ST T. 15 § 393(1)(1-A), (1-B); 17-A § 1604(1)
² ME ST T. 15 § 393(1)(C)
³ ME ST T. 15 § 393(1)(D)
⁴ ME ST T. 15 § 393(1)(E)-(1)(J)
⁵ ME ST T. 19-A §§ 4108; 4110
⁶ ME ST T. 19-A § 4113; 17-A § 506-B(3)
⁷ ME ST T. 17-A § 1604(1)(C), (1)(D)