Maine Revised Statutes Title 12 Sec. 11209 – Discharge of firearm or archery equipment near dwelling or building
Current as of: 2023 | Check for updates
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1. Prohibition. A person may not:
A. Unless a relevant municipal ordinance provides otherwise and except as provided in subsection 4 and sections 12401 and 12402, discharge a firearm, including a muzzle-loading firearm, or cause a projectile to pass as a result of that discharge within 100 yards of a building or residential dwelling without the permission of the owner or, in the owner’s absence, of an adult occupant of that building or dwelling authorized to act on behalf of the owner; [PL 2023, c. 239, §21 (AMD).]
A-1. Except as provided in sections 12401 and 12402:
(1) Discharge an arrow or a bolt from archery equipment when on land of another person and within 100 yards of a building or residential dwelling on that land without the permission of the owner of that building or residential dwelling or, in the owner’s absence, of an adult occupant of that building or dwelling authorized to act on behalf of the owner; or
(2) Cause an arrow or a bolt from archery equipment to pass across the land of another person and within 100 yards of a building or residential dwelling on that land without the permission of the owner of that building or residential dwelling or, in the owner’s absence, of an adult occupant of that building or dwelling authorized to act on behalf of the owner; or [PL 2023, c. 239, §21 (AMD).]
B. Possess a wild animal or wild bird taken in violation of this subsection, except as otherwise provided in this Part. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
This subsection may not be construed to prohibit a person from killing or taking a wild animal in accordance with sections 12401 and 12402.
For purposes of this section, “building” means any residential, commercial, retail, educational, religious or farm structure that is designed to be occupied by people or domesticated animals or is being used to shelter machines or harvested crops.
For purposes of this section, “projectile” means a bullet, pellet, shot, shell, ball or other object propelled or launched from a firearm.
[PL 2023, c. 239, §21 (AMD).]
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. 11209
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- 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
- 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
- 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. Penalty. A person who violates subsection 1 commits a Class E crime.
[PL 2003, c. 655, Pt. B, §140 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
3. Target practice; crossbow.
[PL 2023, c. 239, §21 (RP).]
4. Sport shooting ranges. Unless otherwise prohibited, a person may discharge a firearm on a sport shooting range as defined in Title 30?A, section 3011, subsection 1 that is within 100 yards of a building if the sport shooting range was established and in regular operation prior to the erection of the building.
[PL 2019, c. 14, §2 (NEW).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 527, §1 (AMD). PL 2003, c. 527, §2 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B140 (AMD). PL 2003, c. 655, §§B422,C1,6 (AFF). PL 2005, c. 477, §8 (AMD). PL 2009, c. 340, §14 (AMD). RR 2013, c. 1, §26 (COR). PL 2013, c. 215, §1 (AMD). PL 2013, c. 538, §26 (AMD). PL 2015, c. 71, §1 (AMD). PL 2019, c. 14, §§1, 2 (AMD). PL 2021, c. 74, §§1, 2 (AMD). PL 2023, c. 239, §21 (AMD).