Maine Statewide Rule
Maine Firearms Local Preemption Under State Law
Key Facts
- Detail
- Statute: 25 MRS section 2011
- Fire
- State occupies firearms regulation field
- Permit
- Discharge ordinances permitted locally
- Detail
- Municipal building rules limited
- Detail
- Home rule does not override
Summary
Maine preempts local firearms regulation under 25 MRS section 2011, with limited municipal authority allowed for discharge ordinances and certain public buildings.
1. Preemption. The State intends to occupy and preempt the entire field of legislation concerning the regulation of firearms, components, ammunition and supplies. Except as provided in subsection 3, any existing or future order, ordinance, rule or regulation in this field of any political subdivision of the State is void.
Full Breakdown
Title 25 MRS section 2011 declares that the state intends to occupy the field of firearms regulation, prohibiting municipalities from adopting ordinances on the purchase, ownership, transfer, or possession of firearms and ammunition. Limited exceptions allow local governments to regulate the discharge of firearms within municipal boundaries and possession in municipal buildings under specific conditions. Home rule charters cannot override this preemption. Courts have voided local ordinances exceeding these narrow exceptions, and municipalities should consult the Attorney General before enacting firearms-related rules.
Violations & Penalties
Local ordinances conflicting with state preemption are unenforceable; affected residents may seek declaratory or injunctive relief in Maine Superior Court.
Frequently Asked Questions
Can a Maine town ban handgun ownership?
Can towns regulate where guns may be fired?
Sources
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