Tasers are legal in Maine. The state does not restrict buying, owning, or carrying an electronic weapon, and there is no permit, license, background check, or minimum age written into the statute. What Maine does regulate is use: firing a taser at another person without legal justification is a Class D crime carrying up to 364 days in jail and a $2,000 fine, with steeper charges possible if someone is injured.
Owning and Carrying a Taser in Maine
Maine law calls these devices “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 The definition covers both projectile tasers that fire barbed probes and contact stun guns.
Title 17-A, Section 1004 is the only Maine statute directly on point, and it addresses criminal use, not possession. There is no purchase restriction, no retailer verification obligation, no registration, and no carry permit. You can buy a taser, keep it at home, and carry it on your person without any government involvement. That puts Maine among the more permissive states in the country.
When You Can Legally Use One
Section 1004 makes it a crime to intentionally, knowingly, or recklessly use an electronic weapon on another person, but the statute yields to Maine’s general justification rules for the use of force.1Maine Legislature. Maine Revised Statutes Title 17-A 1004 – Criminal Use of Electronic Weapon
Self-Defense and Defense of Others
Under Section 108, you are 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 a third person.2Maine State Legislature. Maine Revised Statutes Title 17-A Chapter 5 – Justification That justification disappears if you provoked the confrontation intending to cause harm, if you were the initial aggressor and did not withdraw, or if the fight was mutually agreed upon.
Section 108 also allows 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 turns on the circumstances, though courts generally treat them as nondeadly. Practically: tasing someone who is about to punch you is very likely justified. Tasing someone who insulted you is not.
Defense of Your Home
Under Section 104, a person in possession or control of a dwelling may use deadly force against someone who has unlawfully entered or is trying to enter, if the occupant 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 generally must first demand that the trespasser leave, unless doing so would put you or someone else in danger. Because a taser is typically treated as less than deadly force, using one on a home intruder sits well within these protections in most scenarios.
Penalties for Unlawful Use
Using an electronic weapon on someone without justification is a Class D crime, punishable by 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
Prosecutors rarely stop at Section 1004 when someone is hurt. Additional charges can stack:
- Assault under Section 207 is a separate Class D crime for intentionally, knowingly, or recklessly causing bodily injury or offensive physical contact.6Maine State Legislature. Maine Revised Statutes Title 17-A 207 – Assault
- Aggravated assault under Section 208 is a Class B crime, carrying up to 10 years in prison, when the taser causes serious bodily injury or qualifies as a dangerous weapon and causes any bodily injury.7Justia Law. Maine Revised Statutes 17-A 208 – Aggravated Assault4Maine State Legislature. Maine Revised Statutes Title 17-A 1604 – Imprisonment for Crimes Other Than Murder
- Maine also allows the sentencing class for any crime to be bumped up one level if the state proves the crime was committed with a dangerous weapon, and a taser used aggressively can trigger that enhancement.4Maine State Legislature. Maine Revised Statutes Title 17-A 1604 – Imprisonment for Crimes Other Than Murder
Someone who uses a taser during a robbery, for example, faces the electronic weapon charge plus robbery and potentially aggravated assault. That is where sentences move from months into years.
Where You Cannot Bring a Taser
State permissiveness ends at the door of a federal building. Under 18 U.S.C. § 930, possessing a “dangerous weapon” in a federal facility is a federal crime, and the statute defines the term broadly enough to include 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. Federal courthouses, Social Security offices, and VA hospitals are all 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 often post their own weapons policies. If there is a security checkpoint, assume your taser is not welcome.
On air travel, TSA bans tasers and stun guns from carry-on luggage. You may pack one in checked baggage, but the batteries must be removed to render it inoperable, and you have to declare it to the airline at check-in.
Crossing State Lines With a Taser
The federal Firearms Owners’ Protection Act creates a “safe passage” rule for people transporting firearms through states where they would otherwise be illegal, but the statute’s text refers to “a firearm” and does not cover electronic weapons.10Office of the Law Revision Counsel. 18 USC 926A – Interstate Transportation of Firearms The moment you cross a state border, that state’s taser laws apply to you. Some require concealed carry permits, others require background checks, and a few restrict possession outright. A Maine resident driving to New York with a taser in the car can face charges that would not exist at home. Check the rules of every state on your route before you travel with one.
Civil Liability
A criminal case is not the only exposure. Even if no prosecutor charges you, the person you tased can sue. Civil claims usually rest on negligence or intentional assault, and a plaintiff has to show the taser was used without lawful justification, that it caused their injuries, and what damages followed. Damages can include medical bills, injuries from falling after the shock, and pain and suffering.
The Section 108 self-defense standards apply in civil court too, but the burden of proof is lower. A jury only needs to find it more likely than not that your force was unreasonable. Uses that survive a criminal review can still produce a civil judgment, particularly if you escalated the encounter or kept using the taser after the threat had ended.