Child Access Prevention
It is a Class D crime, punishable by between 1 and 3 years in prison, to act with criminal negligence in storing or leaving a loaded firearm in premises under one’s control in a manner that allows a child under the age of 16 to gain access to the firearm if the child uses the firearm in a reckless or threatening manner or in the commission of a crime, or if the child discharges the firearm.1 A person charged under the statute may raise several affirmative defenses, including that the firearm was stored in a locked box, gun safe, or other locked space, was left in a location that a reasonable person would believe to be secure, was secured with a trigger lock, or was carried on the person; that there was no reasonable expectation that a child was likely to be present on the premises; or that the child gained access as the result of a criminal trespass or theft.2
Safe Storage
Maine has no law that requires unattended firearms to be stored in a certain way.
Maine also does not require a locking device to accompany the sale of a firearm, and no state statutes require firearm owners to affirmatively lock their weapons.
MEDIA REQUESTS
Our experts can speak to the full spectrum of gun violence prevention issues. Have a question? Email us at media@giffords.org.
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