Are Tasers Legal in Maine? Rules, Penalties, and Restrictions

Yes, tasers are legal in Maine. The state places no restrictions on buying, owning, or carrying an electronic weapon: no permit, no background check, no minimum age written into the statute, and no retailer obligations. What Maine’s criminal code regulates is the use of a taser on another person. Using one outside a recognized justification is a Class D crime punishable by up to 364 days in jail and a $2,000 fine, and the charges can climb from there depending on what happens.

What Maine Regulates and What It Doesn’t

Maine law groups tasers and stun guns together as “electronic weapons,” defined as any portable device that directs an electrical current, impulse, wave, or beam designed to disable a person.1Maine Legislature. Maine Revised Statutes Title 17-A 1004 – Criminal Use of Electronic Weapon That covers both projectile tasers that fire barbed probes and contact stun guns.

Title 17-A, Section 1004 deals only with criminal use. It does not restrict possession, purchase, or carrying. There is no permit to apply for, no license to carry, and no state-mandated training. You can walk into a store, buy a taser, and carry it on your person or in your vehicle without clearing any legal hurdle. That puts Maine among the more permissive states on this question.

When You Can Legally Use a Taser

Section 1004 makes it a crime to intentionally, knowingly, or recklessly use an electronic weapon on another person. The statute then carves out exceptions, and the two that matter for civilians come from Maine’s general justification statutes.1Maine Legislature. Maine Revised Statutes Title 17-A 1004 – Criminal Use of Electronic Weapon

Self-Defense and Defense of Others

Under Section 108, you’re justified in using a reasonable degree of nondeadly force when you reasonably believe another person is about to use unlawful, nondeadly force against you or someone else.2Maine State Legislature. Maine Revised Statutes Title 17-A Chapter 5 – Justification That justification disappears if you provoked the confrontation with intent to cause harm, if you were the initial aggressor and didn’t withdraw, or if the fight was mutually agreed upon.

Section 108 also addresses deadly force. You may use deadly force when you reasonably believe the other person is about to use unlawful deadly force against you or a third person, or is committing or about to commit a kidnapping, robbery, or gross sexual assault.2Maine State Legislature. Maine Revised Statutes Title 17-A Chapter 5 – Justification Whether a taser counts as deadly or nondeadly force depends on the circumstances, but courts generally treat them as nondeadly. The practical result: tasing someone about to punch you is almost certainly justified; tasing someone who only insulted you is not.

Defense of Your Home

Maine gives broader latitude inside your own dwelling. Under Section 104, a person in possession or control of a dwelling may use deadly force against someone who has unlawfully entered or is attempting to enter, if the person reasonably believes the intruder is likely to commit a crime inside.3Justia Law. Maine Revised Statutes 17-A 104 – Use of Force in Defense of Premises You must first demand that the trespasser leave, unless doing so would put you or others in danger. Because a taser is generally treated as less than deadly force, using one against an intruder falls comfortably within these protections in most scenarios.

Penalties for Illegal Use

Using an electronic weapon on someone without justification is a Class D crime, which carries a maximum of less than one year in jail and a fine of up to $2,000.4Maine State Legislature. Maine Revised Statutes Title 17-A 1604 – Imprisonment for Crimes Other Than Murder5Maine State Legislature. Maine Revised Statutes 17-A 1704 – Maximum Fine Amounts Authorized for Convicted Persons

That is rarely the only charge. A prosecutor can stack:

Someone who deploys a taser during a robbery faces the electronic-weapon charge, robbery, and aggravated assault together. That is where sentences move from months into years.

Places You Still Can’t Bring a Taser

Maine’s permissive rules stop at the door of federal property. Under 18 U.S.C. ยง 930, it’s a federal crime to possess a “dangerous weapon” in a federal building, defined broadly as any device readily capable of causing death or serious bodily injury.8Office of the Law Revision Counsel. 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities A taser fits that definition. Federal courthouses, Social Security offices, and VA hospitals are off-limits, and individual Facility Security Committees can add further restrictions.9Homeland Security. FAQ Regarding Items Prohibited from Federal Property State and local courthouses, schools, and government buildings may impose their own bans. If a building runs a security checkpoint, assume your taser isn’t welcome.

For air travel, the TSA bans tasers from carry-on luggage. You may pack one in checked baggage, but the device must be rendered inoperable by removing the batteries, and you must declare it to the airline at check-in.

Taking a Taser Across State Lines

This is where Maine residents get caught out. The federal Firearms Owners’ Protection Act provides “safe passage” for people transporting firearms through states where they’d otherwise be illegal, but its text is limited to “a firearm” and does not extend to electronic weapons.10Office of the Law Revision Counsel. 18 USC 926A – Interstate Transportation of Firearms The moment you cross a border, you’re subject to that state’s taser laws. Some require concealed carry permits, some require background checks, and a few restrict possession outright. Check every state you’ll pass through before traveling with one.

Civil Liability After Using a Taser

Criminal charges aren’t the only exposure. Even if a prosecutor declines to charge you, the person you tased can sue. Civil claims typically rest on negligence or intentional assault theories, and the plaintiff needs to show the taser was used without lawful justification, that it caused their injuries, and what damages followed. Those damages can include medical bills, injuries from falling after being shocked, and compensation for pain.

Section 108’s self-defense standards apply in civil cases, but the burden of proof is lower. A jury only needs to find it more likely than not that your use of force was unreasonable. Situations that survive a criminal review can still produce a civil judgment, particularly if you escalated the confrontation or kept using the taser after the threat had passed.

Myths About Maine Taser Rules

A few claims circulate online that don’t match the statutes. The most common is that Maine requires background checks or age verification for taser purchases. It does not. Section 1004 contains no purchase restrictions, no retailer obligations, and no minimum age. Title 25, Section 2014, which sometimes gets cited in this context, actually prohibits government agencies from maintaining registries of privately owned firearms and has nothing to do with tasers.

Another error is the claim that the Maine Department of Public Safety audits taser retailers or that the Maine Criminal Justice Academy runs mandatory civilian certification programs. Neither has a basis in Maine statute. The Department of Public Safety’s regulations reference tasers only in narrow contexts, such as weapons policies at licensed gaming facilities.11Department of Public Safety. 16-633 Chapter 16 – Weapons Maine’s taser law is simpler than many sources suggest: you can buy one, carry one, and keep one at home without any government involvement. The law cares only about what you do with it.