Legal review: William T. Bly, Owner & Managing Attorney · Last reviewed: November 2026
In Maine, deer-season hunters are most often charged with night hunting (12 M.R.S. § 11206), hunting under the influence (§ 10701), carrying a loaded firearm in a vehicle (§ 11212-A), shooting within 100 yards of a building (§ 11209), trespass on posted land, and tagging violations (§ 11502). Several carry mandatory jail, fines, or license suspension.
Maine’s 2026 firearms deer season runs November 2 through November 28, 2026. October 31 was the residents-only day. Hunting is not allowed on Sundays.
What are Maine’s legal hunting hours, and what is the penalty for night hunting?
Maine’s legal hunting hours run from 30 minutes before sunrise to 30 minutes after sunset. Hunting outside that window is night hunting under 12 M.R.S. § 11206. Possessing an animal taken at night is also a violation.
Night hunting is a Class D crime with mandatory penalties. A first offense carries at least 3 days in jail and a $1,000 fine, and neither can be suspended. Each later offense carries at least 10 days in jail.
Night vision or thermal imaging equipment raises the minimum fine to $2,000. That conviction also means license revocation and 5 years of ineligibility under 12 M.R.S. § 10902(7-A).
Coyote night hunting is the narrow exception. It requires a permit and has its own season, opening December 16, 2026. Our Maine criminal defense attorneys defend night hunting charges.
Can you be charged with hunting under the influence in Maine?
Yes. Under 12 M.R.S. § 10701, you may not hunt while impaired by alcohol, drugs, or both. For hunters 21 and older, the limit is 0.08. For hunters under 21, any measurable alcohol is a violation.
Hunting under the influence is a Class D crime. It becomes Class C if it causes serious bodily injury or death. A first offense carries a minimum fine of $400.
At least 48 hours in jail is mandatory on a first offense in three situations: a test of 0.15 or more, refusing a chemical test, or failing to stop for a uniformed officer. A second offense within 6 years means at least 7 days. Having hunting equipment in the woods while intoxicated is prima facie evidence of the offense.
Is it illegal to have a loaded gun in your truck while hunting?
Yes, with limited exceptions. Under 12 M.R.S. § 11212-A, you may not have a loaded firearm or crossbow in or on a motor vehicle. You also may not shoot from one.
“Loaded” includes a round in the chamber or an attached magazine, a charged and primed muzzleloader, or a cocked and armed crossbow.
The exceptions are narrow. A person 21 or older who may legally possess a firearm can keep a loaded pistol or revolver in a vehicle. A hunter outside a stopped vehicle with the engine off may rest a loaded gun on it to shoot. A violation is a Class E crime.
What happens if you hunt on posted land or shoot near a house?
You can face criminal trespass and a separate Title 12 charge. Under 17-A M.R.S. § 402, entering posted land without permission is a Class E crime. Land is posted with signs or paint marks no more than 100 feet apart.
Under 12 M.R.S. § 11204, possessing game taken while criminally trespassing is also a Class E crime. Our article on mischief and trespass charges explains how criminal trespass works in Maine.
Shooting near buildings is a separate offense. Under 12 M.R.S. § 11209, you may not fire within 100 yards of a building or residential dwelling without the owner’s permission. A violation is a Class E crime.
What if you don’t tag your deer?
Failing to tag is usually a civil violation, not a crime. Under 12 M.R.S. § 11502, a deer you kill must carry a plainly visible tag before you present it for registration.
A first violation carries a fine of $100 to $500. It becomes a Class E crime if you have 3 or more civil violations under this Part in the previous 5 years.
Other deer violations are treated more seriously. Exceeding the bag limit or hunting deer after already killing one triggers a mandatory license suspension.
How do Title 12 hunting violations differ from Title 17-A crimes?
Title 12 is Maine’s fish and wildlife code, and its violations range from civil fines to crimes. Title 17-A is the Maine Criminal Code. Title 12 borrows the 17-A crime classes but adds its own mandatory penalties and license consequences.
The maximum sentence follows the class. Under 17-A M.R.S. § 1604, a Class D crime carries less than one year and a Class E crime up to 6 months. Under § 1704, maximum fines are $2,000 for Class D and $1,000 for Class E.
License loss often hurts most. Under 12 M.R.S. § 10902(6), night hunting, hunting under the influence, and shooting within 100 yards of a dwelling each require at least a one-year hunting license suspension. A Title 17-A crime committed while hunting requires revocation for at least one year. If you are facing a Title 12 charge, request a consultation before you plead.
| Violation | Statute | Class | Minimum penalty (first offense) | License consequence |
|---|---|---|---|---|
| Night hunting | 12 M.R.S. § 11206 | D | 3 days jail, $1,000 fine | At least 1-year suspension |
| Night hunting with night vision | 12 M.R.S. § 11206 | D | 3 days jail, $2,000 fine | Revocation, 5 years ineligible |
| Hunting under the influence | 12 M.R.S. § 10701 | D | $400 fine; 48 hours jail if aggravated | At least 1-year suspension |
| Loaded firearm in vehicle | 12 M.R.S. § 11212-A | E | None set; up to 6 months, $1,000 | Commissioner may suspend |
| Shooting within 100 yards of a dwelling | 12 M.R.S. § 11209 | E | None set; up to 6 months, $1,000 | At least 1-year suspension |
| Criminal trespass on posted land | 17-A M.R.S. § 402 | E | None set; up to 6 months, $1,000 | Revocation at least 1 year if while hunting |
| Failure to tag deer | 12 M.R.S. § 11502 | Civil | $100 to $500 fine | Commissioner may suspend |
Frequently asked questions
What time can you legally hunt deer in Maine?
You can hunt from 30 minutes before sunrise until 30 minutes after sunset. That rule comes from 12 M.R.S. § 11206. Sunrise and sunset change daily and vary across the state, so check a reliable table for your location. Shooting even a few minutes outside the window can lead to a night hunting charge, which carries mandatory jail and a minimum $1,000 fine.
Is night hunting a felony in Maine?
No. Night hunting under 12 M.R.S. § 11206 is a Class D crime. Maine’s most serious crimes are Classes A, B, and C. Night hunting is still treated harshly. A first offense requires at least 3 days in jail and a $1,000 fine that the judge cannot suspend. A conviction also triggers a hunting license suspension of at least one year under 12 M.R.S. § 10902.
What is the blood alcohol limit for hunting in Maine?
The limit is 0.08 for hunters 21 and older under 12 M.R.S. § 10701. Hunters under 21 may not have any measurable alcohol. You can also be charged if you are impaired by drugs at any level. Hunting under the influence is a Class D crime, and a conviction requires a hunting license suspension of at least one year.
Can I keep a loaded handgun in my truck during deer season?
Generally yes, if you are 21 or older and not prohibited from possessing a firearm. 12 M.R.S. § 11212-A allows a loaded pistol or revolver in a vehicle in that case. Some active-duty service members and honorably discharged veterans aged 18 to 20 also qualify. Loaded rifles, shotguns, and crossbows in a vehicle remain a Class E crime.
Will a hunting violation affect my driver’s license?
The hunting statutes discussed here address hunting licenses, not driver’s licenses. 12 M.R.S. § 10902 gives the Department of Inland Fisheries and Wildlife power to suspend or revoke hunting licenses after a conviction. A criminal conviction still creates a public record. Ask a lawyer how a specific charge could affect your other licenses, your job, or your right to possess firearms.
Do I need a lawyer for a Title 12 violation?
A lawyer is worth considering for any criminal Title 12 charge. Many carry mandatory jail, fines, or license loss that a judge cannot waive. A lawyer can review the stop, the evidence, and options before you plead. For broader charges, see our Maine criminal defense attorney page.
If a game warden charged you this deer season, request a consultation with The Maine Criminal Defense Group at 207-571-8146. We meet clients by appointment in Kennebunk, Portland, and Brunswick.
This article is general information, not legal advice. Every case depends on its facts.
Sources
- 12 M.R.S. § 11206, Night hunting — hours, Class D, mandatory minimums.
- 12 M.R.S. § 10701, Hunting under the influence — limits, classes, minimums.
- 12 M.R.S. § 11212-A, Loaded firearm in a motor vehicle — “loaded,” exceptions, Class E.
- 12 M.R.S. § 11209, Discharge near a dwelling — 100-yard rule, Class E.
- 12 M.R.S. § 11204, Criminal trespass (Title 12) — game taken while trespassing.
- 12 M.R.S. § 11502, Deer tags — tagging, civil fine.
- 12 M.R.S. § 10902, License suspension and revocation — suspensions and revocations.
- 17-A M.R.S. § 402, Criminal trespass — posted land, Class E.
- 17-A M.R.S. § 1604 and § 1704 — maximum jail and fines.
- MDIFW 2026–27 Maine Hunting Seasons (PDF) — season dates, coyote night season, no Sunday hunting.
Call 207-571-8146 or contact our Maine criminal defense attorneys directly online to schedule a confidential consultation.
