No, Maine does not have a stand your ground law. Instead, Maine law imposes a duty to retreat before using deadly force outside the home, if it is safe to do so.
What Does This Mean in Practice?
- Duty to Retreat: In public or outside your home, if you are threatened, you must attempt to avoid using deadly force by retreating—if you can do so with complete safety—before resorting to such force.
- Castle Doctrine Applies at Home: Maine does follow the “castle doctrine,” meaning you do not have a duty to retreat if you are in your own home. You may use force, including deadly force, to protect yourself from an intruder under certain circumstances.
Key Legal Provisions
- Public Spaces: You must retreat, if possible, before using deadly force in self-defense outside your home.
- Home Defense: Maine law allows the use of deadly force in your dwelling if you reasonably believe it is necessary to prevent or terminate a criminal trespass, particularly if the intruder is likely to commit another crime inside the home.
- Before using deadly force against a trespasser, you must demand that they leave, unless doing so would be dangerous to yourself or others.
- Defense of Premises: Nondeadly force can be used to prevent or end a criminal trespass on your property. Deadly force is only justified in more serious circumstances, such as preventing arson or certain crimes within your dwelling.
Recent Legislative Developments (2025)
- Proposed Changes: In 2025, a bill was introduced in the Maine legislature to remove the duty to retreat and expand self-defense rights, but as of June 2025, Maine still requires retreat if it can be done safely.
- Castle Doctrine Remains: Even with proposed changes, the castle doctrine remains in effect for home defense.
Summary Table: Maine Self-Defense Law (2025)
| Situation | Duty to Retreat? | Use of Deadly Force Allowed? |
|---|---|---|
| In your home (castle) | No | Yes, under certain circumstances |
| In public/outside home | Yes, if safe | Only if retreat is not possible |
Key Takeaways
- No stand your ground law in Maine: You must retreat before using deadly force outside your home, if it is safe to do so.
- Castle doctrine applies at home: No duty to retreat from an intruder in your dwelling.
- Legislative efforts to change this have not passed as of June 2025.
- Always consider whether retreat is possible and safe before using force in public.
If you have questions about a specific self-defense situation, consult a qualified Maine attorney for guidance.
Sources:
- https://giffords.org/lawcenter/state-laws/stand-your-ground-in-maine/
- https://legislature.maine.gov/statutes/17-a/title17-asec104.html
- https://en.wikipedia.org/wiki/Stand-your-ground_law
- https://citizenportal.ai/articles/2895405/Maine/New-self-defense-law-presumes-immunity-for-use-of-deadly-force-effective-August-2025