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Maine State Pepper Spray Laws, Rules & Legal Regulations


2oz. Police Pepper Spray (1.2% MC)

2oz Police Pepper Spray
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Guaranteed Legal Our "Guaranteed Legal" Promise:
We have taken the time to research Maine state self defense laws and regulations, so you don't have to. We guarantee if you are over 18 and have not been convicted of a felony or assault, any self defense product purchased from our store unless otherwise noted are legal to send to Maine. Most cities and counties comply with the state level laws, however, we recommend you check with your local city or county for any additional restrictions. 


Video Explanation of ME State Laws



In Plain English:
Maine state laws for pepper spray & self defense products

The Basics:

  • Pepper spray is LEGAL for self defense
  • Minimum age 18 year old to purchase, use, or carry
  • Cannot have any convicted felonies on record

Improper use of pepper spray is illegal and punishable, however, the possession and use of pepper spray for self defense is legal in Maine.

Maine, our most northeastern state is famous for its coastal foods and beaches. Tourists from many parts of the state and the rest of the country visit the many beautiful towns and cities there, including the capital Augusta, Bangor, and Portland. Maine is considered to be among the safest places in United States with minimal crime rates yet statistics don’t matter if you’re the one at risk

Unfortunately, no matter where you go, women are often most targeted by criminals often because they may appear weak and unable defend themselves. Pepper spray of is effective; it allows you to get away from an attacker without causing permanent damage.


In Legal Jargon:
What the official Maine state law says

Title 17-A: MAINE CRIMINAL CODE 

Chapter 41: CRIMINAL USE OF EXPLOSIVES AND RELATED CRIMES

§101. GENERAL RULES FOR DEFENSES AND AFFIRMATIVE DEFENSES; JUSTIFICATION
1. The State is not required to negate any facts expressly designated as a "defense," or any exception, exclusion or authorization that is set out in the statute defining the crime by proof at trial, unless the existence of the defense, exception, exclusion or authorization is in issue as a result of evidence admitted at the trial that is sufficient to raise a reasonable doubt on the issue, in which case the State must disprove its existence beyond a reasonable doubt. This subsection does not require a trial court to instruct on an issue that has
been waived by the defendant. The subject of waiver is addressed by the Maine Rules of Unified Criminal Procedure.

[ 2015, c. 431, §35 (AMD) .]

2. Where the statute explicitly designates a matter as an "affirmative defense," the matter so designated must be proved by the defendant by a preponderance of the evidence.

[ 1981, c. 324, §24 (RPR) .]

3. Conduct that is justifiable under this chapter constitutes a defense to any crime; except that, if a person is justified in using force against another, but the person recklessly injures or creates a risk of injury to 3rd persons, the justification afforded by this chapter is unavailable in a prosecution for such recklessness. If a defense provided under this chapter is precluded solely because the requirement that the person's belief be reasonable has not been met, the person may be convicted only of a crime for which recklessness or criminal negligence suffices.

[ 2007, c. 475, §10 (AMD) .]

4. The fact that conduct may be justifiable under this chapter does not abolish or impair any remedy for such conduct which is available in any civil action.

[ 1981, c. 324, §24 (NEW) .]

5. For purposes of this chapter, use by a law enforcement officer, a corrections officer or a corrections supervisor of the following is use of non-deadly force:
A. Chemical mace or any similar substance composed of a mixture of gas and chemicals that has or is designed to have a disabling effect upon human beings; or [2009, c. 336, §5 (NEW).]
B. A less-than-lethal munition that has or is designed to have a disabling effect upon human beings. For purposes of this paragraph, "less-than-lethal munition" means a low-kinetic energy projectile designed to be discharged from a firearm that is approved by the Board of Trustees of the Maine Criminal Justice Academy. [2009, c. 336, §5 (NEW).]
[ 2009, c. 336, §5 (RPR) .]

AND

1002. Criminal use of disabling chemicals
1. A person is guilty of criminal use of disabling chemicals if he intentionally sprays or otherwise uses upon any other person chemical mace or any similar substance composed of a mixture of gas and chemicals which has or is designed to have a disabling effect upon human beings.
[ 1975, c. 499, §1 (NEW) .]
2. Criminal use of disabling chemicals is a Class D crime.
[ 1975, c. 499, §1 (NEW) .]
3. This section shall not apply to the use of those disabling chemicals when that use is for the purpose of:
A. Defending a person under section 108; [1979, c. 55, (NEW).]
B. Defending premises under section 104; or [1979, c. 55, (NEW).]
C. Retaking property, preventing that taking or preventing criminal mischief under section 105; [1979, c. 55, (NEW).]
as authorized for the use of non-deadly force.
[ 1979, c. 55, (RPR) .]
SECTION HISTORY
1975, c. 499, §1 (NEW). 1979, c. 55, (AMD).

 

Last Updated March 2019

 

Please note: We guarantee that as long as you are over 18 and have not been convicted of a felony or assault, any pepper spray product purchased from our listing of "ME legal products" is allowed to ship and process in the state of Maine. Our guarantee applies to legality at the state level. Please check with your local city or county for any additional possible restrictions.