Does Maine have a ‘stand your ground’ law? | Fact brief
No.
Maine does not have a “stand your ground” law.
Such laws remove the duty to retreat before using deadly force in public. The National Conference of State Legislatures says at least 31 states recognize no duty to retreat anywhere a person is lawfully present.
Maine law requires retreat when a person knows they or a third person can do so with “complete safety.” No retreat is required in the defender’s dwelling if they were not the initial aggressor.
Deadly force is allowed when someone reasonably believes it is necessary to stop imminent unlawful deadly force, kidnapping, robbery or sexual assault; it is also permitted in certain home invasion, arson and criminal trespass cases.
Maine considers firing a gun toward another person deadly force. People may use reasonable nondeadly force to stop an imminent unlawful attack, but generally not if they provoked the confrontation or were the initial aggressor.
This fact brief is responsive to conversations such as this one.
The Maine Trust for Local News partners with Gigafact to produce fact briefs — bite-sized fact checks of trending claims. Read our methodology to learn how we check claims.
Sources
- Giffords Law Center to Prevent Gun Violence: Stand Your Ground in Maine
- National Conference of State Legislatures: Self-Defense and ‘Stand Your Ground’
- Maine Revised Statutes: Physical force in defense of a person
- Maine Revised Statutes: Maine Criminal Code Definitions (deadly force)
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Tagged: gun control, gun laws, gun rights, gun violence
