Maine Pepper Spray and Stun Gun Laws (2026)

Maine regulates pepper spray and stun guns by how they are used, not by requiring a permit to own one, and it treats the two devices differently in more than one place worth knowing about: Maine's general concealed-weapon and threatening-display statute exempts concealed pepper spray by name, but that exemption does not reach the same statute's threatening-display prohibition, and nothing exempts a stun gun from either prohibition.

Jurisdiction scope: This page covers Maine state law only, principally 17-A M.R.S. Sections 1002, 1004, 1058, 104, 105, and 108, and 25 M.R.S. Sections 2001-A, 2004, and 2011. It does not cover Maine's concealed handgun permit chapter in detail, or local municipal ordinances outside the preemption statute discussed below.

Is pepper spray legal to carry in Maine?

Yes. Maine does not require a permit or license to buy or carry pepper spray, and no age minimum, capacity limit, or concentration cap for it appears in 17-A M.R.S. Section 1002 or any other section of Maine's Criminal Code covering the device. Section 1002 instead criminalizes offensive use: "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." That offense is a Class D crime, but it does not apply when the spray is used to defend a person under Section 108, to defend premises under Section 104, or to retake or protect property under Section 105, as authorized for the use of nondeadly force.

Maine goes further than most states in one respect: its general concealed-weapon and threatening-display statute, 25 M.R.S. Section 2001-A, bans two things, displaying a listed weapon in a threatening manner and wearing under clothes or concealing one, both defined as "a firearm, slungshot, knuckles, bowie knife, dirk, stiletto or other dangerous or deadly weapon usually employed in the attack on or defense of a person." Subsection 2's exceptions, by their own opening line, apply only to "the carrying of concealed weapons," and paragraph 2(B) exempts "disabling chemicals as described in Title 17-A, section 1002" from that concealment prohibition. Concealing pepper spray is written out of that concealment prohibition by name. Displaying it in a threatening manner is not: subsection 1(A)'s threatening-display prohibition is not among the things subsection 2 exempts, so it still applies to pepper spray if the other elements of the offense are met. A Section 2001-A violation, of either kind, is a Class D crime under 25 M.R.S. Section 2004(2).

Are stun guns legal to carry in Maine?

Yes, to possess, on the same use-based model as pepper spray. Section 1004(2) defines "electronic weapon" as "a portable device or weapon from which an electrical current, impulse, wave or beam may be directed, which current, impulse, wave or beam is designed to have a disabling effect upon human beings." Section 1004(1) makes it a crime to "intentionally, knowingly or recklessly" use one on another person, graded a Class D crime by Section 1004(3). Its exceptions are narrower than pepper spray's: Section 1004(4)(B) excuses using an electronic weapon only to defend oneself or a third person under Section 108(2), or to defend the actor's own dwelling place under Section 104(3) or (4); unlike Section 1002(3)'s disabling-chemical exceptions, there is no exception for retaking or protecting property under Section 105. A separate exception in Section 1004(4)(A) covers a law enforcement officer, transport officer, corrections officer, or corrections supervisor using one in the performance of official duty if authorized by the employing agency; a 2025 amendment (P.L. 2025, c. 429, §8) added "transport officer" to that list. No age minimum or permit requirement for possessing a stun gun appears in Section 1004 or elsewhere in Maine's Criminal Code.

Unlike pepper spray, a stun gun is not named among Section 2001-A's exceptions to the general concealed-weapon and threatening-display statute, and pepper spray's own exemption, as explained above, reaches only that statute's concealment prohibition, not its threatening-display prohibition. Section 2001-A's underlying prohibitions reach "a firearm, slungshot, knuckles, bowie knife, dirk, stiletto or other dangerous or deadly weapon usually employed in the attack on or defense of a person." Section 2001-A does not say whether an electronic weapon is a "dangerous or deadly weapon usually employed in the attack on or defense of a person," and Section 1004 does not answer that question either, so a real, unresolved gap remains in how Maine's threatening-display and concealed-carry statute treats a stun gun compared with pepper spray. A violation, if one is found, would be a Class D crime under 25 M.R.S. Section 2004(2), the same penalty that applies to pepper spray.

Where you can't carry either device

Maine's school-property and courthouse weapons statutes are both written around a single term, and it is not one that reaches these two devices. 20-A M.R.S. Section 6552(1) provides: "A person may not possess a firearm on public school property or the property of an approved private school or discharge a firearm within 500 feet of public school property or the property of an approved private school." Violating that provision is a Class E crime under Section 6552(3). 17-A M.R.S. Section 1058(1) provides: "A person is guilty of unauthorized possession of a firearm in a courthouse if that person in fact possesses a firearm in a courthouse," a Class D crime under Section 1058(3). Both statutes are scoped to "firearm" alone, so neither reaches pepper spray or an electronic weapon on its text.

Maine's preemption statute

Maine's firearms preemption statute, 25 M.R.S. Section 2011, states that "the State intends to occupy and preempt the entire field of legislation concerning the regulation of firearms, components, ammunition and supplies," voiding any conflicting municipal order, ordinance, rule, or regulation in that field, subject to narrow exceptions for local rules that conform exactly to state law or regulate the discharge of firearms. That statute's text is scoped to firearms, components, ammunition, and supplies; it does not mention disabling chemicals, pepper spray, or electronic weapons, so it does not, on its own text, bar a Maine municipality from adopting a stricter local rule for either device.

Federal law: what it does and does not reach

No federal statute regulates a civilian's purchase or possession of pepper spray or a stun gun. Federal law matters in three places.

Federal buildings. Under 18 U.S.C. § 930(a), whoever knowingly possesses or causes to be present "a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility)" faces a fine, imprisonment of up to 1 year, or both. Subsection (e) sets up to 2 years for a federal court facility, and subsection (b) up to 5 years where the weapon is intended to be used in a crime. Section 930(g)(2) defines the term:

The term "dangerous weapon" means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2½ inches in length.

The definition names neither device. Whether a particular spray or stun gun is "readily capable of" causing serious bodily injury is a question of fact the statute does not answer. Subsection (d)(3) exempts "the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes," and subsection (h) requires notice of the ban to be posted at each public entrance. A "Federal facility" is "a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties."

Air travel. The Transportation Security Administration's screening rules, which are agency policy rather than statute, bar both devices from carry-on bags. One 4 fl. oz. (118 ml) container of mace or pepper spray is permitted in checked baggage if it has a safety mechanism to prevent accidental discharge, and sprays containing more than 2 percent by mass of tear gas (CS or CN) are prohibited in checked baggage. Tasers, stun guns and other electro-shock weapons may travel in checked baggage only if transported so the device cannot discharge accidentally. Airlines may set stricter rules.

National parks. National Park Service regulations prohibit possessing, carrying or using a "weapon" in a park area except as the regulations provide (36 CFR 2.4(b)(1)). 36 CFR 1.4 defines "weapon" to include an "irritant gas device" and any "weapon the possession of which is prohibited under the laws of the State in which the park area or portion thereof is located."

Disclaimer: This article provides general legal information about Maine's pepper spray and stun gun laws as of September 2026. It is not legal advice. Consult a lawyer licensed in Maine for advice about a specific situation.

For a state-by-state comparison, see pepper spray and stun gun laws by state. Maine's self-defense statutes are covered separately on the Maine self-defense laws page.

Statutes cited reflect their in-force version as of 2026-09-18. Last updated: 2026-09-18.

Frequently Asked Questions

Do you need a permit to carry pepper spray in Maine?

No. Maine has no permit or license requirement for pepper spray. 17-A M.R.S. Section 1002 punishes intentionally using a disabling chemical against another person, not owning or carrying one. 25 M.R.S. Section 2001-A exempts pepper spray from that statute's concealed-carry prohibition by name, but not from its separate threatening-display prohibition, which still applies if the other elements of the offense are met.

Is it legal to carry a stun gun concealed in Maine?

Possessing one is legal, with no permit required. But unlike pepper spray, a stun gun (an 'electronic weapon' under 17-A M.R.S. Section 1004) is not listed among the exceptions to Maine's general concealed-weapon and threatening-display statute, 25 M.R.S. Section 2001-A. Section 2001-A does not say whether an electronic weapon is a 'dangerous or deadly weapon usually employed in the attack on or defense of a person,' and Section 1004 does not answer that question either, leaving a real gap in how the two devices are treated.

What happens if you use pepper spray or a stun gun on someone in Maine?

Both are Class D crimes if used offensively: criminal use of disabling chemicals under 17-A M.R.S. Section 1002, and criminal use of an electronic weapon under Section 1004. Their exceptions differ: Section 1002(3) covers defending a person, defending premises, and retaking or protecting property. Section 1004(4) covers only defending a person, a third person, or the actor's own dwelling place; it has no property exception, so using a stun gun to retake or protect property is not excused the way using pepper spray for that purpose is.

Can you carry pepper spray or a stun gun on Maine school property or in a courthouse?

Maine's school-property statute (20-A M.R.S. Section 6552) and its courthouse-possession statute (17-A M.R.S. Section 1058) are both written around 'firearm' alone. Neither reaches pepper spray or a stun gun on its text, though other rules, such as a school's or courthouse's own security policy, may still restrict either device.

Does Maine preempt local pepper spray or stun gun ordinances?

Not under its firearms preemption statute. 25 M.R.S. Section 2011 is scoped to 'firearms, components, ammunition and supplies'; it does not mention disabling chemicals or electronic weapons, so it does not bar a Maine municipality from regulating either device more strictly than state law.