Maine criminal charge
Possession of firearms prohibited for certain persons in Maine
Current through 2026 Maine legislative session
Possession of firearms prohibited for certain persons is a criminal offense under Maine law, defined by 15 M.R.S. § 393. Its classification is not fixed: Maine assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by 15 M.R.S. § 393.
What is the penalty for possession of firearms prohibited for certain persons in Maine?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 364 days (Restricted person under protective custody order (E-1) — Applies when the person is currently a restricted person under Title 34-B protective custody provisions or a similar out-of-state order.; the statutory maximum is 'less than one year' (17-A M.R.S. §1604(1)(D)); individual statutes may specify a different maximum) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $2,000 (Restricted person under protective custody order (E-1) — Applies when the person is currently a restricted person under Title 34-B protective custody provisions or a similar out-of-state order.; maximum for an individual (17-A M.R.S. §1704(4)); organizations up to $10,000 (§1705); statute-specific fines may differ) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 364 days (Subject to progressive treatment program order (E-2) — Applies when the person has been ordered into a progressive treatment program and directed not to possess a dangerous weapon during its duration.; the statutory maximum is 'less than one year' (17-A M.R.S. §1604(1)(D)); individual statutes may specify a different maximum) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $2,000 (Subject to progressive treatment program order (E-2) — Applies when the person has been ordered into a progressive treatment program and directed not to possess a dangerous weapon during its duration.; maximum for an individual (17-A M.R.S. §1704(4)); organizations up to $10,000 (§1705); statute-specific fines may differ) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 364 days (Subject of extreme risk protection order (E-3) — Applies when the person is currently subject to an extreme risk protection order or emergency extreme risk protection order.; the statutory maximum is 'less than one year' (17-A M.R.S. §1604(1)(D)); individual statutes may specify a different maximum) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $2,000 (Subject of extreme risk protection order (E-3) — Applies when the person is currently subject to an extreme risk protection order or emergency extreme risk protection order.; maximum for an individual (17-A M.R.S. §1704(4)); organizations up to $10,000 (§1705); statute-specific fines may differ) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 5 years (Fugitive from justice (F) — Applies when the person is a fugitive from justice as defined in section 201, subsection 4.; statutory default maximum (17-A M.R.S. §1604(1)(C)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $5,000 (Fugitive from justice (F) — Applies when the person is a fugitive from justice as defined in section 201, subsection 4.; maximum for an individual (17-A M.R.S. §1704(3)); organizations up to $20,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 5 years (Unlawful drug user or addict (G) — Applies when the person is an unlawful user of or addicted to a controlled substance and is federally prohibited under 18 U.S.C. 922(g)(3), excluding cannabis use consistent with state law.; statutory default maximum (17-A M.R.S. §1604(1)(C)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $5,000 (Unlawful drug user or addict (G) — Applies when the person is an unlawful user of or addicted to a controlled substance and is federally prohibited under 18 U.S.C. 922(g)(3), excluding cannabis use consistent with state law.; maximum for an individual (17-A M.R.S. §1704(3)); organizations up to $20,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 5 years (Illegal alien or nonimmigrant visa holder (H) — Applies when the person is illegally or unlawfully in the United States or admitted under a nonimmigrant visa and prohibited under 18 U.S.C. 922(g)(5).; statutory default maximum (17-A M.R.S. §1604(1)(C)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $5,000 (Illegal alien or nonimmigrant visa holder (H) — Applies when the person is illegally or unlawfully in the United States or admitted under a nonimmigrant visa and prohibited under 18 U.S.C. 922(g)(5).; maximum for an individual (17-A M.R.S. §1704(3)); organizations up to $20,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 5 years (Dishonorable discharge from armed forces (I) — Applies when the person has been discharged from the United States Armed Forces under dishonorable conditions.; statutory default maximum (17-A M.R.S. §1604(1)(C)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $5,000 (Dishonorable discharge from armed forces (I) — Applies when the person has been discharged from the United States Armed Forces under dishonorable conditions.; maximum for an individual (17-A M.R.S. §1704(3)); organizations up to $20,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 5 years (Renunciation of U.S. citizenship (J) — Applies when the person, having been a U.S. citizen, has renounced that citizenship.; statutory default maximum (17-A M.R.S. §1604(1)(C)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $5,000 (Renunciation of U.S. citizenship (J) — Applies when the person, having been a U.S. citizen, has renounced that citizenship.; maximum for an individual (17-A M.R.S. §1704(3)); organizations up to $20,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 5 years (Adult violation of juvenile nonviolent offense prohibition (1-A) — Applies when a person at least 18 years old violates the 3-year firearm prohibition arising from certain nonviolent juvenile adjudications.; statutory default maximum (17-A M.R.S. §1604(1)(C)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $5,000 (Adult violation of juvenile nonviolent offense prohibition (1-A) — Applies when a person at least 18 years old violates the 3-year firearm prohibition arising from certain nonviolent juvenile adjudications.; maximum for an individual (17-A M.R.S. §1704(3)); organizations up to $20,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
| Jail / prison | up to 5 years (Domestic violence juvenile adjudication (1-B)(B) — Applies when the person has been adjudicated as a juvenile of conduct that would have been a disqualifying domestic violence conviction under subsection 1-B.; statutory default maximum (17-A M.R.S. §1604(1)(C)); individual statutes may specify a different maximum, and mandatory minimums apply to certain crimes (§1604(3))) | discretionary | 17-A M.R.S. § 1604 |
| Fine | up to $5,000 (Domestic violence juvenile adjudication (1-B)(B) — Applies when the person has been adjudicated as a juvenile of conduct that would have been a disqualifying domestic violence conviction under subsection 1-B.; maximum for an individual (17-A M.R.S. §1704(3)); organizations up to $20,000 (§1705); statute-specific and alternative fines may exceed (§1706)) | discretionary | 17-A M.R.S. § 1604 |
Applies to current (PL 2019, c. 113 recodification).
How is possession of firearms prohibited for certain persons classified in Maine?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Restricted person under protective custody order (E-1) | Class D Crime | Applies when the person is currently a restricted person under Title 34-B protective custody provisions or a similar out-of-state order. | 15 M.R.S. § 393(1)(E-1) |
| Subject to progressive treatment program order (E-2) | Class D Crime | Applies when the person has been ordered into a progressive treatment program and directed not to possess a dangerous weapon during its duration. | 15 M.R.S. § 393(1)(E-2) |
| Subject of extreme risk protection order (E-3) | Class D Crime | Applies when the person is currently subject to an extreme risk protection order or emergency extreme risk protection order. | 15 M.R.S. § 393(1)(E-3) |
| Fugitive from justice (F) | Class C Crime | Applies when the person is a fugitive from justice as defined in section 201, subsection 4. | 15 M.R.S. § 393(1)(F) |
| Unlawful drug user or addict (G) | Class C Crime | Applies when the person is an unlawful user of or addicted to a controlled substance and is federally prohibited under 18 U.S.C. 922(g)(3), excluding cannabis use consistent with state law. | 15 M.R.S. § 393(1)(G) |
| Illegal alien or nonimmigrant visa holder (H) | Class C Crime | Applies when the person is illegally or unlawfully in the United States or admitted under a nonimmigrant visa and prohibited under 18 U.S.C. 922(g)(5). | 15 M.R.S. § 393(1)(H) |
| Dishonorable discharge from armed forces (I) | Class C Crime | Applies when the person has been discharged from the United States Armed Forces under dishonorable conditions. | 15 M.R.S. § 393(1)(I) |
| Renunciation of U.S. citizenship (J) | Class C Crime | Applies when the person, having been a U.S. citizen, has renounced that citizenship. | 15 M.R.S. § 393(1)(J) |
| Adult violation of juvenile nonviolent offense prohibition (1-A) | Class C Crime | Applies when a person at least 18 years old violates the 3-year firearm prohibition arising from certain nonviolent juvenile adjudications. | 15 M.R.S. § 393(1-A) |
| Domestic violence juvenile adjudication (1-B)(B) | Class C Crime | Applies when the person has been adjudicated as a juvenile of conduct that would have been a disqualifying domestic violence conviction under subsection 1-B. | 15 M.R.S. § 393(1-B)(B) |
Common questions about possession of firearms prohibited for certain persons in Maine
What class of crime is possession of firearms prohibited for certain persons in Maine?
It depends on the circumstances: possession of firearms prohibited for certain persons ranges from a Class D Crime to a Class C Crime in Maine under 15 M.R.S. § 393.
Restricted person under protective custody order (E-1): Class D Crime (15 M.R.S. § 393(1)(E-1)) · Subject to progressive treatment program order (E-2): Class D Crime (15 M.R.S. § 393(1)(E-2)) · Subject of extreme risk protection order (E-3): Class D Crime (15 M.R.S. § 393(1)(E-3)) · Fugitive from justice (F): Class C Crime (15 M.R.S. § 393(1)(F)) · Unlawful drug user or addict (G): Class C Crime (15 M.R.S. § 393(1)(G)) · Illegal alien or nonimmigrant visa holder (H): Class C Crime (15 M.R.S. § 393(1)(H)) · Dishonorable discharge from armed forces (I): Class C Crime (15 M.R.S. § 393(1)(I)) · Renunciation of U.S. citizenship (J): Class C Crime (15 M.R.S. § 393(1)(J)) · Adult violation of juvenile nonviolent offense prohibition (1-A): Class C Crime (15 M.R.S. § 393(1-A)) · Domestic violence juvenile adjudication (1-B)(B): Class C Crime (15 M.R.S. § 393(1-B)(B))
What are the penalties for possession of firearms prohibited for certain persons in Maine?
Penalties for possession of firearms prohibited for certain persons in Maine depend on how it is classified — from a Class D Crime up to a Class C Crime — with the ranges set by 17-A M.R.S. § 1604; the full table of ranges by variant is published on this page.
Which Maine statute covers possession of firearms prohibited for certain persons?
Possession of firearms prohibited for certain persons is governed by 15 M.R.S. § 393 (Possession of firearms prohibited for certain persons).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.