Maine Revised Statutes Title 12 Sec. 11212-A – Having a loaded firearm or crossbow in a motor vehicle or hunting or shooting from a motor vehicle or motorboat with a firearm or archery equipment
Current as of: 2023 | Check for updates
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1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. “Loaded firearm or crossbow” means 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 or a cocked and armed crossbow. [PL 2017, c. 176, §2 (NEW).]
B. “Vehicle” means a motor vehicle or a trailer or other type of vehicle being hauled by a motor vehicle. [PL 2017, c. 176, §2 (NEW).]
[PL 2017, c. 176, §2 (NEW).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 12 Sec. 11212-A
- Archery equipment: means a bow or crossbow. See Maine Revised Statutes Title 12 Sec. 10001
- Crossbow: means a device for propelling an arrow or bolt by means of traverse limbs and a string, mounted on a stock and having a working mechanical trigger safety device and a minimum draw weight of 100 pounds. See Maine Revised Statutes Title 12 Sec. 10001
- Firearm: means any instrument used in the propulsion of pellets, shot, shells or bullets by action of gunpowder, compressed air or gas exploded or released within it. See Maine Revised Statutes Title 12 Sec. 10001
- hunt: means to pursue, catch, take, kill or harvest wild animals or wild birds or to attempt to catch, take, kill or harvest wild animals or wild birds. See Maine Revised Statutes Title 12 Sec. 10001
- Migratory waterfowl: means anatidae, or waterfowl, including brant, wild ducks, geese and swans. See Maine Revised Statutes Title 12 Sec. 10001
- Motor vehicle: means any motor-driven vehicle, except motorboats. See Maine Revised Statutes Title 12 Sec. 10001
- Muzzle-loading firearm: means a muzzleloader, a traditional muzzleloader or a muzzle-loading shotgun. See Maine Revised Statutes Title 12 Sec. 10001
- Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
- Wild animal: means a species of mammal, wild by nature, whether or not bred or reared in captivity, as distinguished from the common domestic animals, and includes any physical part of that species of animal. See Maine Revised Statutes Title 12 Sec. 10001
- Wild bird: means a species of bird wild by nature, whether or not bred or reared in captivity, as distinguished from common domestic birds, and includes any physical part of that species of bird. See Maine Revised Statutes Title 12 Sec. 10001
2. Prohibition; vehicles. A person may not shoot while in or on a vehicle, have a loaded firearm or crossbow while in or on a vehicle or rest a loaded firearm or crossbow on a vehicle except as provided in subsection 3.
[PL 2017, c. 176, §2 (NEW).]
3. Exceptions. The following exceptions apply to subsection 2.
A. While hunting, a person who is not in or on a vehicle may rest a loaded firearm or crossbow that is under the person’s control on the vehicle to shoot only when the vehicle is not in motion and the engine of the vehicle is not running. [PL 2017, c. 176, §2 (NEW).]
B. While hunting, a person who is on but not within an enclosed area or passenger compartment of an all-terrain vehicle or snowmobile may shoot a firearm or archery equipment or rest a loaded firearm or archery equipment that is under the person’s control on the all-terrain vehicle or snowmobile to shoot only when the all-terrain vehicle or snowmobile is not in motion and the engine of the all-terrain vehicle or snowmobile is not running. [PL 2023, c. 239, §23 (AMD).]
C. While target shooting and not hunting, a person who is on but not within an enclosed area or passenger compartment of a vehicle may shoot a firearm or archery equipment or rest a loaded firearm or archery equipment that is under the person’s control on the vehicle to shoot only when the vehicle is not in motion and the engine of the vehicle is not running. [PL 2023, c. 239, §24 (AMD).]
D. Notwithstanding paragraph A, a paraplegic or single or double amputee of the legs may shoot from a vehicle that is not in motion. [PL 2017, c. 176, §2 (NEW).]
E. A person who 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 vehicle a loaded pistol or revolver. [PL 2017, c. 176, §2 (NEW).]
[PL 2023, c. 239, §§23, 24 (AMD).]
4. Prohibition; motorboats. A person may not shoot while in or on a motorboat, except that:
A. A person may hunt migratory waterfowl from a motorboat in accordance with federal regulations; and [PL 2017, c. 176, §2 (NEW).]
B. A person may shoot from a motorboat if that boat is not being propelled by its motor. [PL 2017, c. 176, §2 (NEW).]
[PL 2017, c. 176, §2 (NEW).]
5. Possession of wild animals or wild birds. A person may not possess a wild animal or wild bird taken in violation of subsection 2 or 3, except as otherwise provided in this Part.
[PL 2019, c. 325, §4 (AMD).]
6. Penalty. A person who violates this section commits a Class E crime.
[PL 2017, c. 176, §2 (NEW).]
SECTION HISTORY
PL 2017, c. 176, §2 (NEW). PL 2019, c. 325, §4 (AMD). PL 2023, c. 239, §§22-24 (AMD).