Maine Revised Statutes Title 12 Sec. 11214 – Unlawful use or possession of implements or aids
Current as of: 2023 | Check for updates
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(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
1. Prohibition. A person may not:
A. Use for hunting or possess for hunting any automatic firearm. This paragraph does not apply to:
(1) Military organizations authorized by law to bear arms or to the National Guard in the performance of its duty. [PL 2017, c. 164, §11 (AMD).]
B. Use for hunting or possess for hunting any autoloading firearm having a magazine capacity of more than 5 cartridges. All autoloading firearms having a magazine capacity in excess of 5 cartridges must have the magazine permanently altered to contain not more than 5 cartridges before the autoloading firearm may be used in this State for hunting. This paragraph does not apply to:
(1) Military organizations authorized by law to bear arms or to the National Guard in the performance of its duty; or
(2) Firearms using the .22 caliber rimfire cartridge or smaller caliber cartridge or to any autoloading pistol having a barrel less than 8 inches in length; [PL 2017, c. 164, §11 (AMD).]
C. [PL 2021, c. 112, §3 (RP).]
D. Use for hunting cartridges containing tracer bullets. This paragraph does not apply to:
(1) Military organizations authorized by law to bear arms or to the National Guard in the performance of its duty. [PL 2017, c. 164, §11 (AMD).]
E. Use for hunting cartridges containing explosive bullets. This paragraph does not apply to:
(1) Military organizations authorized by law to bear arms or to the National Guard in the performance of its duty. [PL 2017, c. 164, §11 (AMD).]
F. (TEXT EFFECTIVE UNTIL 1/01/24) Hunt migratory game birds with a shotgun of any description originally capable of holding more than 3 shells, unless the shotgun’s magazine has been cut off, altered or plugged with a one-piece filler incapable of removal without disassembling the gun so as to reduce the capacity of the gun to not more than 3 shells in the magazine and chamber combined. This paragraph does not apply to:
(1) Military organizations authorized by law to bear arms or to the National Guard in the performance of its duty; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
F. (TEXT EFFECTIVE 1/01/24) Hunt migratory game birds with a shotgun of any description originally capable of holding more than 3 shells, unless the shotgun’s magazine has been cut off, altered or plugged with a one-piece filler incapable of removal without disassembling the gun so as to reduce the capacity of the gun to not more than 3 shells in the magazine and chamber combined. A person who violates this paragraph commits a civil violation. This paragraph does not apply to:
(1) Military organizations authorized by law to bear arms or to the National Guard in the performance of its duty; [PL 2023, c. 431, §5 (AMD); PL 2023, c. 431, §23 (AFF).]
G. Hunt a wild animal or wild bird with a set bow; [PL 2015, c. 301, §15 (AMD).]
H. Use for hunting or possess for hunting an arrow or a bolt having either an explosive or poisonous tip; [PL 2005, c. 477, §10 (AMD).]
I. (TEXT EFFECTIVE UNTIL 1/01/24) Allow duck decoys to remain in waters of Merrymeeting Bay at any time during the period from one hour after legal shooting time until one hour before legal shooting time the next day; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
I. (TEXT EFFECTIVE 1/01/24) Allow duck decoys to remain in waters of Merrymeeting Bay at any time during the period from one hour after legal shooting time until one hour before legal shooting time the next day. A person who violates this paragraph commits a civil violation; [PL 2023, c. 431, §6 (AMD); PL 2023, c. 431, §23 (AFF).]
J. (TEXT EFFECTIVE UNTIL 1/01/24) Leave or allow to remain in waters of Merrymeeting Bay an artificial cover, that is, a “stationary blind,” or parts of an artificial cover used for hunting purposes between one hour after legal shooting time and one hour before legal shooting time the next day; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
J. (TEXT EFFECTIVE 1/01/24) Leave or allow to remain in waters of Merrymeeting Bay an artificial cover, that is, a “stationary blind,” or parts of an artificial cover used for hunting purposes between one hour after legal shooting time and one hour before legal shooting time the next day. A person who violates this paragraph commits a civil violation; [PL 2023, c. 431, §7 (AMD); PL 2023, c. 431, §23 (AFF).]
K. Use a dog to hunt deer or moose, except as provided in section 11111 or 12862; [PL 2015, c. 90, §3 (AMD).]
L. Use an artificial light, snare, trap or set gun to hunt deer or moose. This paragraph does not affect or restrict the legitimate possession and sale of flashlights or the lawful use of an artificial light to aid in the tracking of a wounded animal pursuant to section 11111 or 12862; [PL 2015, c. 90, §3 (AMD).]
M. Use artificial lights between 1/2 hour after sunset and 1/2 hour before sunrise the next day to illuminate, jack, locate, attempt to locate or show up wild animals or wild birds from September 1st to December 15th of each calendar year. This paragraph does not affect chapter 921, any rule issued in accordance with section 10104, subsection 1 or the lawful use of an artificial light to aid in the tracking of a wounded animal pursuant to section 11111 or 12862; [PL 2015, c. 90, §3 (AMD).]
N. Hunt a wild animal or wild bird by any method other than by the usual method of shooting with a firearm not larger than number 10-gauge, shooting with archery equipment or by falconry; [PL 2023, c. 239, §26 (AMD).]
O. Possess a wild animal or wild bird taken in violation of this section, except as otherwise provided in this Part; [PL 2023, c. 239, §27 (AMD).]
P. Use a bow and arrow to hunt deer, bear or moose unless:
(1) For hunting deer and bear, the minimum draw weight of the bow is 35 pounds;
(2) For hunting moose, the minimum draw weight of the bow is 45 pounds; and
(3) The arrowhead, including mechanical broadheads when open, is at least 7/8 inch in width; or [PL 2023, c. 239, §28 (AMD).]
Q. Use a crossbow to hunt unless:
(1) The crossbow has a shoulder-type stock. A hand-held pistol-type crossbow may not be used;
(2) The draw weight of the crossbow is 100 pounds or more;
(3) For hunting deer, bear and moose, the arrowhead, including a mechanical broadhead when open, is at least 7/8 inch in width; and
(4) The crossbow is equipped with a mechanical trigger safety device in working condition.
A crossbow arrow that has an explosive or poisonous tip may not be used.
The crossbow may be equipped with a scope or sight. [PL 2023, c. 239, §29 (NEW).]
[PL 2021, c. 112, §3 (AMD); PL 2023, c. 239, §§26-29 (AMD); PL 2023, c. 431, §§5-7 (AMD); PL 2023, c. 431, §23 (AFF).]
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. 11214
- Archery equipment: means a bow or crossbow. See Maine Revised Statutes Title 12 Sec. 10001
- Autoloading firearm: means a firearm that reloads itself after each shot and requires that the trigger be pulled for each shot. See Maine Revised Statutes Title 12 Sec. 10001
- bow: includes a compound bow, a recurve bow and a long bow. 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
- Merrymeeting Bay: means the waters of the Kennebec River bounded as follows: from the high-tension wires at Chop's Point to the first dam on the Androscoggin River, to the first road bridge on the Muddy, Cathance, Abbagadassett and Eastern Rivers and to the Richmond-Dresden Bridge on the Kennebec River, in the counties of Cumberland, Sagadahoc and Lincoln. See Maine Revised Statutes Title 12 Sec. 10001
- Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001
- Sunrise: means the time computed and established for sunrise for Bangor, Maine, by the Nautical Almanac Office of the United States Naval Observatory, converted to the legal standard of time in force in this State on that day. See Maine Revised Statutes Title 12 Sec. 10001
- Sunset: means the time computed and established for sunset for Bangor, Maine, by the Nautical Almanac Office of the United States Naval Observatory, converted to the legal standard of time in force in this State on that day. See Maine Revised Statutes Title 12 Sec. 10001
- Trap: means a device that is designed primarily to catch or hold wild animals, including, but not limited to, a foothold trap, a killer-type trap, a cage-type trap or a snare. See Maine Revised Statutes Title 12 Sec. 10001
- 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
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. (TEXT EFFECTIVE UNTIL 1/01/24) Penalty. A person who violates subsection 1 commits a Class E crime.
[PL 2003, c. 655, Pt. B, §146 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
2. (TEXT EFFECTIVE 1/01/24) Penalty. Except as provided in subsection 1, paragraphs F, I and J, a person who violates subsection 1 commits a Class E crime for which the sentencing alternative may include only the penalties provided in Title 17?A, section 1704, subsection 5 and Title 17?A, section 1705, subsection 5.
[PL 2023, c. 431, §8 (AMD); PL 2023, c. 431, §23 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B146 (AMD). PL 2003, c. 655, §B422 (AFF). PL 2005, c. 419, §6 (AMD). PL 2005, c. 419, §12 (AFF). PL 2005, c. 477, §10 (AMD). PL 2013, c. 538, §27 (AMD). PL 2015, c. 90, §3 (AMD). PL 2015, c. 262, §2 (AMD). PL 2015, c. 301, §§15-17 (AMD). PL 2017, c. 164, §11 (AMD). PL 2021, c. 112, §3 (AMD). PL 2023, c. 239, §§26-29 (AMD). PL 2023, c. 431, §§5-8 (AMD). PL 2023, c. 431, §23 (AFF).