Municipal Regulation of Firearms

Solution Needed

Maine law pre-empts municipal regulation of firearms. Municipal self-rule would permit cities and towns to determine for themselves if they wish to limit guns on municipal property. Municipal citizens know their towns best and know what measures would provide the best protection from the dangerous use of firearms. Legislators have enacted provisions that provide protections for themselves by prohibiting guns at the State House. Town officials should have that same choice. Recent pieces of legislation that would have allowed Maine municipalities to ban the possession of firearms at polling places and/or municipal public meetings were unsuccessful. The Legislature should prioritize passing these carve outs to municipal preemption, and return Maine to its home rule roots. Scroll down for status of our current law and its consequences.

Explanation of the issue

Maine is considered a strong “home rule” state. The state constitution provides that cities and towns have the power to enact laws that are municipal in nature unless specifically prohibited by state law. Maine, however, specifically preempts municipal regulation of firearms, meaning the state exclusively regulates the entire field of firearms, components, ammunition and supplies.

Only the state may decide where and when guns are allowed on public property, even on public property owned by a municipality. Thus, for example, no municipality or other political entity in Maine may adopt any rule or regulation concerning where or when a firearm may be carried on the grounds or in the facilities that it in fact owns, such as a town or city hall. 

Consequences of the current law

While the state has prohibited guns in certain locations including courthouses, school property, the State Capitol area, state parks (although concealed carry with a permit is permitted in a state park), and in 2021, correctional facilities, municipalities are not permitted to decide for themselves if they wish to prohibit guns on municipal property. This one size fits all approach is fraught with potential for disaster. Town council and school board meetings, often held at town halls, have become contentious. Voting at the polls has become a source of political conflict, subject to intimidating tactics. Emotions can also become heightened during demonstrations creating the potential for firearm danger.