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Thread: Maine's Gun Laws.

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    Regular Member Maine Expat's Avatar
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    Maine's Gun Laws.

    I was doing a little searching around the web and found this helpful over view of Maine's gun laws. It seemed to be helpful and accurate so I thought I'd post it here.

    Maybe a Mod could sticky it so we can have the info at our finger tips.

    http://civilliberty.about.com/od/gun...e-Gun-Laws.htm

    The highlights:

    - Every citizen has a right to keep and bear arms and this right shall never be questioned.”

    - Castle Doctrine

    Maine’s castle law, revised in 2007, allows for the use of deadly force in defense of person and property when it is believed that it is necessary to prevent a criminal from committing a crime on one’s property or inside their home. Maine does not have a duty to retreat. However, deadly force is justified only after the victim has warned the intruder and given him an opportunity to leave the home or property.

    - Pro Gun Provisions

    Open carry is permissible in Maine. However, guns concealed in the glove box of a motor vehicle are considered concealed. Unless a person has a valid concealed carry permit, he cannot carry weapons in a motor vehicle or trailer pulled by a vehicle that are ready to fire (i.e. with a shell in the chamber).

    Maine has a firearms preemption law that prevents city and county governments from enacting gun laws that are stricter than state law. The state also has a law to protect firing ranges.
    Last edited by Maine Expat; 07-06-2012 at 08:24 AM.
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    Regular Member Maine Expat's Avatar
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    So, based on the above, where can I put my side arm (no CCW) in my Dodge Ram with a passenger in the truck with me?

    As I understand that overview, the gun has to be visible from the outside with an empty chamber. I always have the center console/armrest down. Maybe find an open style holster to hang from that (like the cheap Fobus paddle that comes with my Bersa .45)?

    Strange it doesn't mention no mag, but hey, one less thing.
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    http://www.mainelegislature.org/legi...2sec11212.html

    That is the law regarding motor vehicles and motorboats.

    A person may not, while in or on a motor vehicle or in or on a trailer or other type of vehicle being hauled by a motor vehicle, have a cocked and armed crossbow or a firearm with a cartridge or shell in the chamber or in an attached magazine, clip or cylinder or a muzzle-loading firearm charged with powder, lead and a primed ignition device or mechanism, except that a person who has a valid Maine permit to carry a concealed weapon may have in or on a motor vehicle or trailer a loaded pistol or revolver covered by that permit.
    You can have a loaded magazine, but it cannot be inserted or attached to the firearm. I would take this to include a side saddle on a shotgun as well.

    Also, yes, without a permit the firearm must be visible at all times or locked in the trunk.

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    What about an unloaded but visible handgun in a vehicle on Sunday?

    Maine CWP Training has listed on the No Carry Zones website that on Sunday, even if the magazine is removed, carry is still prohibited unless cased or disassembled. I did a cursory check but couldn't find that in the law.

    Can someone provide a cite or am I not reading Maine CWP Training's webpage correctly?
    Last edited by outdoors357; 07-06-2012 at 03:24 PM.

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    Regular Member Freiheit417's Avatar
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    Quote Originally Posted by boyscout399 View Post
    Also, yes, without a permit the firearm must be visible at all times or locked in the trunk.
    What is the generally accepted definition of visible? In other words, if it was carried in an OWB holster, worn on a belt with a tucked shirt (no clothing covering) and neither a magazine inserted nor a round chambered, is that considered visible and thus legal?

    Also, how do those who OC without a Maine CHP handle the load/unload "dance?" Since you cannot carry loaded inside a vehicle, does everyone just discreetly insert the mag into a holstered sidearm after exiting and carry without one in the chamber or do you plant your feet on the ground with the door open and insert and rack the slide, then holster? Not sure if the latter could possibly even be construed as carrying "in a vehicle" even though one's feet are on the ground.

    Sorry to be so specific, but I would think that inserting a mag and racking the slide while standing outside your vehicle may cause much more attention than just simply OC'ing. Additionally, could that be considered "brandishing" or does Maine have no such law?
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    Quote Originally Posted by outdoors357 View Post
    What about an unloaded but visible handgun in a vehicle on Sunday?

    Maine CWP Training has listed on the No Carry Zones website that on Sunday, even if the magazine is removed, carry is still prohibited unless cased or disassembled. I did a cursory check but couldn't find that in the law.

    Can someone provide a cite or am I not reading Maine CWP Training's webpage correctly?
    The law says nothing about Sunday. Same law applies. must be unloaded and visible or unloaded and locked in the trunk.

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    Quote Originally Posted by Freiheit417 View Post
    What is the generally accepted definition of visible? In other words, if it was carried in an OWB holster, worn on a belt with a tucked shirt (no clothing covering) and neither a magazine inserted nor a round chambered, is that considered visible and thus legal?

    Also, how do those who OC without a Maine CHP handle the load/unload "dance?" Since you cannot carry loaded inside a vehicle, does everyone just discreetly insert the mag into a holstered sidearm after exiting and carry without one in the chamber or do you plant your feet on the ground with the door open and insert and rack the slide, then holster? Not sure if the latter could possibly even be construed as carrying "in a vehicle" even though one's feet are on the ground.

    Sorry to be so specific, but I would think that inserting a mag and racking the slide while standing outside your vehicle may cause much more attention than just simply OC'ing. Additionally, could that be considered "brandishing" or does Maine have no such law?
    Before I got my CCW I would use the first method and carry unchambered and insert the magazine when I got out of the vehicle.

    Visible means that it has to be showing. An IWB holster with shirt tucked behind is acceptable, however, if you get into a vehicle and your seatbelt then covers the butt of the gun, then you're concealed. In a vehicle I'd say visible would mean that looking in the window of the vehicle you're able to see the gun.

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    Regular Member Maine Expat's Avatar
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    Quote Originally Posted by Freiheit417 View Post
    What is the generally accepted definition of visible? In other words, if it was carried in an OWB holster, worn on a belt with a tucked shirt (no clothing covering) and neither a magazine inserted nor a round chambered, is that considered visible and thus legal?

    Also, how do those who OC without a Maine CHP handle the load/unload "dance?" Since you cannot carry loaded inside a vehicle, does everyone just discreetly insert the mag into a holstered sidearm after exiting and carry without one in the chamber or do you plant your feet on the ground with the door open and insert and rack the slide, then holster? Not sure if the latter could possibly even be construed as carrying "in a vehicle" even though one's feet are on the ground.

    Sorry to be so specific, but I would think that inserting a mag and racking the slide while standing outside your vehicle may cause much more attention than just simply OC'ing. Additionally, could that be considered "brandishing" or does Maine have no such law?
    I carry 7+1 (Condition Zero - the Bersa has a safety bar that covers the pin till I pull the hammer back or squeeze the trigger) so I drop a round in the chamber before releasing the slide then insert the mag. I step out of the truck and use the seat as a bench while I "gear up". It only takes a few seconds and never had a problem with anyone freaking out in the parking lot.

    PS Mostly just bumping this thread for the new folks to see.
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    Re: Maine's Gun Laws.

    I carry a Glock 19(15+1), condition zero.

    I keep it in slide lock in the vehicle, do LEOs gabe no confusion over it being unloaded (no ccw)

    I step out of the car, grab my Glock and insert the mag, drop the slide, round chambered. Remove mag and top off then reinsert mag.

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    i slide lock drop the mag and toss it up on the dash everyone knows i have it


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    Quote Originally Posted by rugsr40 View Post
    i slide lock drop the mag and toss it up on the dash everyone knows i have it
    Is there a problem with having the handgun visible in accordance with the law?
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    they say has to be visible and unloaded thats what it is never had a problem yet

    With the slide locked open there is no? That its not ready to fire plus I found when you get stopped as I do occasionally its alot easier for
    The officer to reach and inspect the weapon (to make sure im not breaking any rule) I keep a soft belt holster so it wont scratch my gun
    or bang windshield

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    Quote Originally Posted by rugsr40 View Post
    With the slide locked open there is no? That its not ready to fire plus I found when you get stopped as I do occasionally its alot easier for
    The officer to reach and inspect the weapon (to make sure im not breaking any rule) I keep a soft belt holster so it wont scratch my gun
    or bang windshield
    Yikes.
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