17-A M.R.S.A. § 1057, Possession of firearms in an establishment licensed for on premises
consumption of liquor
1. A person is guilty of criminal possession of a firearm if:
A. Not being a law enforcement officer or a private investigator licensed under
Title 32, chapter 89 and actually performing as a private investigator, the person
possesses any firearm on the premises of a licensed establishment posted to prohibit
or restrict the possession of firearms in a manner reasonably likely to come to the
attention of patrons, in violation of the posted prohibition or restriction; or
B. While under the influence of intoxicating liquor or drugs or a combination of
liquor and drugs or with an excessive blood-alcohol level, the person possesses a
firearm in a licensed establishment.
2. For the purposes of this section, "licensed establishment" means a licensed
establishment as defined by Title 28-A, section 2, subsection 15, the license for which is
held by an on-premise retail licensee, as defined by Title 28-A, section 2, subsection 27,
paragraph B. For the purposes of this section, "premises" has the same meaning as set
forth in Title 28-A, section 2, subsection 24.
3. It is not a defense to a prosecution under subsection 1 that the person holds a
permit to carry a concealed firearm issued under Title 25, chapter 252.
4. A law enforcement officer who has probable cause to believe that a person has
violated subsection 1, paragraph B, may require that person to submit to chemical testing
to determine blood-alcohol level or drug concentration. If the court is satisfied that the
law enforcement officer had probable cause to believe that the defendant was in violation
of subsection 1, paragraph B, and that the person was informed of the requirement to
submit to chemical testing, the person's failure to comply with the requirement to submit
to chemical testing is admissible evidence on the issue of whether that person was under
the influence of intoxicating liquor or drugs.
5. For purposes of this section, "under the influence of intoxicating liquor or
drugs or a combination of liquor and drugs or with an excessive blood-alcohol level" has
the same meaning as "under the influence of intoxicants" as defined in Title 29-A, section
2401, subsection 13. "Excessive blood-alcohol level" means 0.08% or more by weight of
alcohol in the blood.
Standards, tests and procedures applicable in determining whether a
person is under the influence or has an excessive blood-alcohol level within the meaning
of this section are those applicable pursuant to Title 29-A, sections 2411 and 2431;
except that the suspension of a permit to carry concealed firearms issued pursuant to Title
25, chapter 252, or of the authority of a private investigator licensed to carry a concealed