An Act Relating to Locations where Concealed Weapons May Be Carried
Maine Legislature, Session 125, LD 1347
Committee: Criminal Justice and Public Safety
Sponsors: CEBRA, WATERHOUSE, TRAHAN, CLARK, CRAFTS, DAVIS, HANLEY, MARTIN, PLUMMER, SARTY
Amends: 12 MRSA §1803, 12 MRSA §11212, 17-A MRSA §1057, 25 MRSA §2001-A, 25 MRSA §2904, 26 MRSA §595

Legislative Document 
No. 1347 
H.P. 988 
House of Representatives, March 29, 2011 
An Act Relating to Locations where Concealed Weapons May Be 
Carried 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CEBRA of Naples. 
Cosponsored by Representative WATERHOUSE of Bridgton, Senator TRAHAN of Lincoln 
and Representatives: CLARK of Millinocket, CRAFTS of Lisbon, DAVIS of Sangerville, 
HANLEY of Gardiner, MARTIN of Eagle Lake, McKANE of Newcastle, PLUMMER of 
Windham, SARTY of Denmark. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §1803, sub-§7 is enacted to read: 
7.  Exceptions.  Notwithstanding subsection 6 or any other rule-making authority, the 
bureau may not may adopt rules that prohibit the following persons from carrying a 
concealed firearm in the buildings or parts of buildings and other public property that are 
under the bureau’s jurisdiction:   
A.  A person to whom a valid permit to carry a concealed firearm has been issued 
under Title 25, chapter 252.  The person must have in that person's possession the 
valid permit; 
B.  A person to whom a valid permit to carry a concealed firearm has been issued by 
another state if a permit to carry a concealed firearm issued from that state has been 
granted reciprocity under Title 25, chapter 252.  The person must have in that 
person's possession the valid permit; 
C.  An authorized federal, state or local law enforcement officer in the performance 
of that officer's official duties; 
D.  A qualified law enforcement officer pursuant to 18 United States Code, Section 
926B.  The law enforcement officer must have in that law enforcement officer's 
possession photographic identification issued by the law enforcement agency by 
which the person is employed as a law enforcement officer; 
E.  A qualified retired law enforcement officer pursuant to 18 United States Code, 
Section 926C.  The retired law enforcement officer must have in the retired law 
enforcement officer's possession: 
(1)  Photographic identification issued by the law enforcement agency from 
which the person retired from service as a law enforcement officer that indicates 
that the person has, not less recently than one year before the date the person 
carries the concealed firearm, been tested or otherwise found by the agency to 
meet the standards established by the agency for training and qualification for 
active law enforcement officers to carry a firearm of the same type as the 
concealed firearm; or 
(2)  Photographic identification issued by the law enforcement agency from 
which the person retired from service as a law enforcement officer and a 
certification issued by the state in which the person resides that indicates that the 
person has, not less recently than one year before the date the person carries the 
concealed firearm, been tested or otherwise found by that state to meet the 
standards established by that state for training and qualification for active law 
enforcement officers to carry a firearm of the same type as the concealed firearm; 
and 
F.  A private investigator licensed under Title 32, chapter 89 who is actually 
performing as a private investigator. 
Sec. 2.  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 the following persons may have in or on a motor vehicle or 
trailer a loaded pistol or revolver covered by that permit.: 
(1)  A person to whom a valid permit to carry a concealed firearm has been 
issued under Title 25, chapter 252.  The person must have in that person's 
possession the valid permit; 
(2)  A person to whom a valid permit to carry a concealed firearm has been 
issued by another state if a permit to carry a concealed firearm issued from that 
state has been granted reciprocity under Title 25, chapter 252.  The person must 
have in that person's possession the valid permit; 
(3)  An authorized federal, state or local law enforcement officer in the 
performance of the officer's official duties; 
(4)  A qualified law enforcement officer pursuant to 18 United States Code, 
Section 926B.  The law enforcement officer must have in the law enforcement 
officer's possession photographic identification issued by the law enforcement 
agency by which the person is employed as a law enforcement officer; 
(5)  A qualified retired law enforcement officer pursuant to 18 United States 
Code, Section 926C.  The retired law enforcement officer must have in the retired 
law enforcement officer's possession: 
(a)  Photographic identification issued by the law enforcement agency from 
which the person retired from service as a law enforcement officer that 
indicates that the person has, not less recently than one year before the date 
the person carries the concealed firearm, been tested or otherwise found by 
the agency to meet the standards established by the agency for training and 
qualification for active law enforcement officers to carry a firearm of the 
same type as the concealed firearm; or 
(b)  Photographic identification issued by the law enforcement agency from 
which the person retired from service as a law enforcement officer and a 
certification issued by the state in which the person resides that indicates that 
the person has, not less recently than one year before the date the person 
carries the concealed firearm, been tested or otherwise found by that state to 
meet the standards established by that state for training and qualification for 
active law enforcement officers to carry a firearm of the same type as the 
concealed firearm; and 
(6)  A private investigator licensed under Title 32, chapter 89 who is actually 
performing as a private investigator. 
Sec. 3.  17-A MRSA §1057, sub-§1, ¶A, as enacted by PL 1989, c. 917, §2, is 
amended to read: 
A.  Not being a law enforcement officer or a private investigator licensed under Title 
32, chapter 89 and actually performing as a private investigator Except as provided in 
subsection 3-A, the person possesses any firearm on the premises of a licensed 
establishment posted to prohibit or restrict the possession of firearms in a manner 
reasonably likely to come to the attention of patrons, in violation of the posted 
prohibition or restriction; or 
Sec. 4.  17-A MRSA §1057, sub-§3, as enacted by PL 1989, c. 917, §2, is 
repealed. 
Sec. 5.  17-A MRSA §1057, sub-§3-A is enacted to read: 
3-A.  Notwithstanding subsection 1, paragraph A, a person may carry a firearm in a 
licensed establishment only as follows: 
A.  When the firearm is a concealed firearm carried by a person to whom a valid 
permit to carry a concealed firearm has been issued under Title 25, chapter 252.  The 
person must have in that person's possession the valid permit; 
B.  When the firearm is a concealed firearm carried by a person to whom a valid 
permit to carry a concealed firearm has been issued by another state if a permit to 
carry a concealed firearm issued from that state has been granted reciprocity under 
Title 25, chapter 252.  The person must have in that person's possession the valid 
permit; 
C.  When the firearm is carried by an authorized federal, state or local law 
enforcement officer in the performance of the officer's official duties; 
D.  When the firearm is a concealed firearm carried by a private investigator licensed 
under Title 32, chapter 89 who is actually performing as a private investigator; 
E.  When the firearm is a concealed firearm carried by a qualified law enforcement 
officer pursuant to 18 United States Code, Section 926B.  The law enforcement 
officer must have in the law enforcement officer's possession photographic 
identification issued by the law enforcement agency by which the person is employed 
as a law enforcement officer; or 
F.  When the firearm is a concealed firearm carried by a qualified retired law 
enforcement officer pursuant to 18 United States Code, Section 926C.  The retired 
law enforcement officer must have in the retired law enforcement officer's 
possession: 
(1)  Photographic identification issued by the law enforcement agency from 
which the person retired from service as a law enforcement officer that indicates 
that the person has, not less recently than one year before the date the person 
carries the concealed firearm, been tested or otherwise found by the agency to 
meet the standards established by the agency for training and qualification for 
active law enforcement officers to carry a firearm of the same type as the 
concealed firearm; or 
(2)  Photographic identification issued by the law enforcement agency from 
which the person retired from service as a law enforcement officer and a 
certification issued by the state in which the person resides that indicates that the 
person has, not less recently than one year before the date the person carries the 
concealed firearm, been tested or otherwise found by that state to meet the 
standards established by that state for training and qualification for active law 
enforcement officers to carry a firearm of the same type as the concealed firearm. 
Sec. 6.  25 MRSA §2001-A, sub-§2, as amended by PL 2007, c. 555, §1, is 
further amended to read: 
2.  Exceptions.  The provisions of this section concerning the carrying of concealed 
weapons do not apply to: 
A.  Firearms A firearm carried by a person to whom a valid permit to carry a 
concealed firearm has been issued as provided in this chapter; 
B.  Disabling chemicals as described in Title 17-A, section 1002; 
C.  Knives used to hunt, fish or trap as defined in Title 12, section 10001; 
D.  Law A firearm carried by a law enforcement officers officer, a corrections 
officers and officer or a corrections supervisors supervisor as permitted in writing by 
their the officer's or supervisor's employer; 
E.  Firearms A firearm carried by a person engaged in conduct for which a state-
issued hunting or trapping license is required and possessing the required license, or 
firearms a firearm carried by a resident person engaged in conduct expressly 
authorized by Title 12, section 11108 and section 12202, subsection 1.  This 
paragraph does not authorize or permit the carrying of a concealed or loaded firearm 
in a motor vehicle, except as provided by Title 12, section 11212, subsection 1, 
paragraph B; and 
F.  A firearm carried by a person to whom a valid permit to carry a concealed firearm 
has been issued by another state if a permit to carry a concealed firearm issued from 
that state has been granted reciprocity.  The Chief of the State Police may enter into 
reciprocity agreements with any other states that meet the requirements of this 
paragraph.  Reciprocity may be granted to a permit to carry a concealed firearm 
issued from another state if: 
(1)  The other state that issued the permit to carry a concealed firearm has 
substantially equivalent or stricter requirements for the issuance of a permit to 
carry a concealed firearm; and 
(2)  The other state that issued the permit to carry a concealed firearm observes 
the same rules of reciprocity regarding a person issued a permit to carry a 
concealed firearm under this chapter.; 
G.  A firearm carried by an authorized federal, state or local law enforcement officer 
in the performance of the officer's official duties; 
H.  A firearm carried by a qualified law enforcement officer pursuant to 18 United 
States Code, Section 926B.  The law enforcement officer must have in the law 
enforcement officer's possession photographic identification issued by the law 
enforcement agency by which the person is employed as a law enforcement officer; 
I.  A firearm carried by a qualified retired law enforcement officer pursuant to 18 
United States Code, Section 926C.  The retired law enforcement officer must have in 
the retired law enforcement officer's possession: 
(1)  Photographic identification issued by the law enforcement agency from 
which the person retired from service as a law enforcement officer that indicates 
that the person has, not less recently than one year before the date the person 
carries the concealed firearm, been tested or otherwise found by the agency to 
meet the standards established by the agency for training and qualification for 
active law enforcement officers to carry a firearm of the same type as the 
concealed firearm; or 
(2)  Photographic identification issued by the law enforcement agency from 
which the person retired from service as a law enforcement officer and a 
certification issued by the state in which the person resides that indicates that the 
person has, not less recently than one year before the date the person carries the 
concealed firearm, been tested or otherwise found by that state to meet the 
standards established by that state for training and qualification for active law 
enforcement officers to carry a firearm of the same type as the concealed firearm; 
and 
J.  A firearm carried by a private investigator licensed under Title 32, chapter 89 who 
is actually performing as a private investigator. 
Sec. 7.  25 MRSA §2904, sub-§3 is enacted to read: 
3.  Exceptions.  Notwithstanding subsections 1 and 2, neither the Commissioner of 
Public Safety nor the officials of governmental units listed in subsection 2 may adopt 
rules that prohibit the following persons from carrying a concealed firearm in the 
buildings or parts of buildings and other public property that are under their respective 
supervisions:   
A.  A person to whom a valid permit to carry a concealed firearm has been issued 
under Title 25, chapter 252.  The person must have in that person's possession the 
valid permit; 
B.  A person to whom a valid permit to carry a concealed firearm has been issued by 
another state if a permit to carry a concealed firearm issued from that state has been 
granted reciprocity under Title 25, chapter 252.  The person must have in that 
person's possession the valid permit; 
C.  An authorized federal, state or local law enforcement officer in the performance 
of the officer's official duties; 
D.  A qualified law enforcement officer pursuant to 18 United States Code, Section 
926B.  The law enforcement officer must have in the law enforcement officer's 
possession photographic identification issued by the law enforcement agency by 
which the person is employed as a law enforcement officer; 
E.  A qualified retired law enforcement officer pursuant to 18 United States Code, 
Section 926C.  The retired law enforcement officer must have in the retired law 
enforcement officer's possession: 
(1)  Photographic identification issued by the law enforcement agency from 
which the person retired from service as a law enforcement officer that indicates 
that the person has, not less recently than one year before the date the person 
carries the concealed firearm, been tested or otherwise found by the agency to 
meet the standards established by the agency for training and qualification for 
active law enforcement officers to carry a firearm of the same type as the 
concealed firearm; or 
(2)  Photographic identification issued by the law enforcement agency from 
which the person retired from service as a law enforcement officer and a 
certification issued by the state in which the person resides that indicates that the 
person has, not less recently than one year before the date the person carries the 
concealed firearm, been tested or otherwise found by that state to meet the 
standards established by that state for training and qualification for active law 
enforcement officers to carry a firearm of the same type as the concealed firearm; 
and 
F.  A private investigator licensed under Title 32, chapter 89 who is actually 
performing as a private investigator. 
Sec. 8.  26 MRSA §595, sub-§5, as enacted by PL 1987, c. 558, §1, is amended to 
read: 
5.  Dangerous weapons prohibited.  It is a Class D crime for any person, including, 
but not limited to, security guards and persons involved in a labor dispute, strike or 
lockout, to be armed with a dangerous weapon, as defined in Title 17-A, section 2, 
subsection 9, at a site where applications for employment with an employer involved in a 
labor dispute, strike or lockout are being received or where interviews of those job 
applicants are being conducted or where medical examinations of those job applicants are 
being performed., except that a firearm may be carried under these circumstances only as 
follows: 
A.  A person holding a valid permit to carry a concealed firearm is not exempt from 
this subsection. 
B.  A When the firearm is carried by a security guard is exempt from this subsection 
to the extent that federal laws or rules required require the security guard to be armed 
with a dangerous weapon at such a site.; 
C.  A public When the firearm is carried by an authorized federal, state or local law 
enforcement officer is exempt from this subsection while on active duty in the public 
service. in the performance of the officer's official duties; 
D.  A When the firearm is carried by a security guard employed by an employer 
involved in a labor dispute, strike or lockout may be present at the location where 
applications for employment with the employer will be accepted, interviews of those 
applicants conducted or medical examinations of those applicants performed to the 
extent permitted under Title 32, chapter 93.  Nothing in this section may be construed 
to extend or limit in any way the restrictions placed upon the location of private 
security guards under Title 32, chapter 93.; 
E.  When the firearm is a concealed firearm carried by a person to whom a valid 
permit to carry a concealed firearm has been issued under Title 25, chapter 252.  The 
person must have in that person's possession the valid permit; 
F.  When the firearm is a concealed firearm carried by a person to whom a valid 
permit to carry a concealed firearm has been issued by another state if a permit to 
carry a concealed firearm issued from that state has been granted reciprocity under 
Title 25, chapter 252.  The person must have in that person's possession the valid 
permit; 
G.  When the firearm is a concealed firearm carried by a private investigator licensed 
under Title 32, chapter 89 who is actually performing as a private investigator; 
H.  When the firearm is a concealed firearm carried by a qualified law enforcement 
officer pursuant to 18 United States Code, Section 926B.  The law enforcement 
officer must have in the law enforcement officer's possession photographic 
identification issued by the law enforcement agency by which the person is employed 
as a law enforcement officer; and 
I.  When the firearm is a concealed firearm carried by a qualified retired law 
enforcement officer pursuant to 18 United States Code, Section 926C.  The retired 
law enforcement officer must have in the retired law enforcement officer's 
possession: 
(1)  Photographic identification issued by the law enforcement agency from 
which the person retired from service as a law enforcement officer that indicates 
that the person has, not less recently than one year before the date the person 
carries the concealed firearm, been tested or otherwise found by the agency to 
meet the standards established by the agency for training and qualification for 
active law enforcement officers to carry a firearm of the same type as the 
concealed firearm; or 
(2)  Photographic identification issued by the law enforcement agency from 
which the person retired from service as a law enforcement officer and a 
certification issued by the state in which the person resides that indicates that the 
person has, not less recently than one year before the date the person carries the 
concealed firearm, been tested or otherwise found by that state to meet the 
standards established by that state for training and qualification for active law 
enforcement officers to carry a firearm of the same type as the concealed firearm. 
SUMMARY 
This bill eliminates the prohibition on certain persons possessing firearms in certain 
locations, including state parks and historic sites, premises licensed for the consumption 
of alcohol, state property under the jurisdiction of the Department of Public Safety and 
the Legislative Council and locations of labor disputes.  Specifically, notwithstanding any 
statutory provisions or rules prohibiting the possession of a firearm, the bill permits the 
following persons to possess firearms: 
1.  A person to whom a valid permit to carry a concealed firearm has been issued 
under the Maine Revised Statutes, Title 25, chapter 252.  The person must have in that 
person's possession the valid permit; 
2.  A person to whom a valid permit to carry a concealed firearm has been issued by 
another state if a permit to carry a concealed firearm issued from that state has been 
granted reciprocity under Title 25, chapter 252.  The person must have in that person's 
possession the valid permit; 
3.  An authorized federal, state or local law enforcement officer in the performance of 
the officer's official duties; 
4.  A qualified law enforcement officer pursuant to 18 United States Code, Section 
926B.  The law enforcement officer must have in the law enforcement officer's 
possession photographic identification issued by the law enforcement agency by which 
the person is employed as a law enforcement officer; 
5.  A qualified retired law enforcement officer pursuant to 18 United States Code, 
Section 926C.  The retired law enforcement officer must have in the retired law 
enforcement officer's possession: 
A.  Photographic identification issued by the law enforcement agency from which the 
person retired from service as a law enforcement officer that indicates that the person 
has, not less recently than one year before the date the person is carrying the 
concealed firearm, been tested or otherwise found by the agency to meet the 
standards established by the agency for training and qualification for active law 
enforcement officers to carry a firearm of the same type as the concealed firearm; or 
B.  Photographic identification issued by the law enforcement agency from which the 
person retired from service as a law enforcement officer and a certification issued by 
the state in which the person resides that indicates that the person has, not less 
recently than one year before the date the person is carrying the concealed firearm, 
been tested or otherwise found by that state to meet the standards established by that 
state for training and qualification for active law enforcement officers to carry a 
firearm of the same type as the concealed firearm; 
6.  A private investigator licensed under Title 32, chapter 89 who is actually 
performing as a private investigator; and 
7.  A security guard to the extent that federal laws or rules required the security guard 
to be armed with a dangerous weapon at a labor dispute site or a security guard who is 
employed by an employer involved in a labor dispute, strike or lockout at the location 
where applications for employment with the employer will be accepted, interviews of 
those applicants conducted or medical examinations of those applicants performed. 
This bill does not eliminate or amend provisions governing the possession of firearms 
in or on school property or courthouses.