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Thread: Maine Gun/OC laws

  1. #1
    Regular Member Maine Expat's Avatar
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    Maine Gun/OC laws

    I didn't find anything in the Maine board like this so I thought I'd toss this up for the masses. If there are any errors or wrong info I submit to correction and any Mod may make whatever changes are needed.

    Maybe this could be a sticky as well?

    ================================================== ==================

    THE STATE OF MAINE STATUTES

    Vehicle Restrictions
    http://www.mainelegislature.org/legi...2sec11212.html

    Where alcohol is served.
    http://www.mainelegislature.org/legi...-asec1057.html

    When a Permit is required
    http://www.mainelegislature.org/legi...sec2001-A.html

    Info from other sources. Check the statutes for the real deal.

    Constitutional Right to Keep and Bear Arms?

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

    Concealed Carry

    Maine is a shall-issue state, meaning concealed carry permits must be issued to each qualified applicant. Permits are valid for four years at an original fee of $35 and are issued by municipal officials. Applicants must undergo a background check and questionnaire. For persons who have been residents of Maine for at least five years, permits are issued within 30 days. For residents of fewer than five years, it can take up to 60 days for permits to be issued.

    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).
    (ED, Empty chamber, mag in?)

    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.

    Restrictions

    Gun bans: None.

    Waiting periods for gun purchases: No.

    License or permit to purchase guns: No.

    Registration of guns: No.

    Places in Maine where firearms cannot be carried, with or without a permit, include:

    Courtrooms
    Jails
    Labor strike sites
    Places that serve alcohol (That are posted no firearms)
    Schools

    NOTE: Check applicable State Statutes for accuracy of above stated places

    Source: http://civilliberty.about.com/od/gun...e-Gun-Laws.htm
    Also see: http://crime.about.com/od/gunlawsbys...nlaws_me_2.htm
    Last edited by Maine Expat; 07-25-2012 at 08:48 AM.
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    Regular Member Maine Expat's Avatar
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    So now for my first noob question.

    According to the source we cannot carry a ready to fire weapon w/o a CCP. That being true, does it mean that I can simply clear the chamber and carry in my holster with a full mag in place? If not what do others do in Maine to be legal in their cars?

    TIA
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    Quote Originally Posted by Maine Expat View Post
    So now for my first noob question.

    According to the source we cannot carry a ready to fire weapon w/o a CCP. That being true, does it mean that I can simply clear the chamber and carry in my holster with a full mag in place? If not what do others do in Maine to be legal in their cars?

    TIA
    Read the statute, not someone's misconstrued interpretation of it. "ready to fire" is not in the statute at all. You can carry a loaded weapon with one in the chamber without a permit. The only time you have to unload is if you're in a vehicle. There the law states that the firearm cannot be loaded and says loaded means a round in the chamber or in an attached magazine. So you cannot have a loaded magazine in the gun.

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    Regular Member Maine Expat's Avatar
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    Thanks boyscout. I keep looking for the statutes but get lost soon after I start. I have to admit I really suck at searching things like this. Can you post a link to them?

    I was talking about in the car w/o a permit. So if I understand correct, in a car I have to completely unload and have it in plain view? Or is properly holstered on my hip ok?
    “Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws.” ― Plato

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    Quote Originally Posted by Maine Expat View Post
    Thanks boyscout. I keep looking for the statutes but get lost soon after I start. I have to admit I really suck at searching things like this. Can you post a link to them?

    I was talking about in the car w/o a permit. So if I understand correct, in a car I have to completely unload and have it in plain view? Or is properly holstered on my hip ok?
    Has to be visible. Cannot be concealed. So if your seatbelt is concealing the firearm, then it's not allowed.

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    Last edited by boyscout399; 07-22-2012 at 05:00 PM.

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    Most excellent! Thank you kind sir.

    I think I know how to be legal now. No ammo in the pistol at all and, I fastened the center seat-belt (Dodge Ram 4x4 with the center consul down) and hung the Fobus holster that came with my .45 on it. It hangs right at the edge of the seat nice and high and easy to see. It looks like it will ride just fine and I had Dad pretend to be a cop and check for visibility while I was sitting behind the wheel with my hands ON the wheel.

    Thanks again for all your help boyscout.
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    OK so set me straight I've heard from word of mouth both ways, but never seen any deliberate proof either way. Is it illegal to carry in a place that serves alcohol? Does this include restaurants as well? I'm not sure but it appears as if its possible reading sect. 1a so long as its not posted, but I'm by no means a legal scholar...

    http://www.mainelegislature.org/legi...-asec1057.html

    Set me straight please.

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    Quote Originally Posted by CCinMaine View Post
    OK so set me straight I've heard from word of mouth both ways, but never seen any deliberate proof either way. Is it illegal to carry in a place that serves alcohol? Does this include restaurants as well? I'm not sure but it appears as if its possible reading sect. 1a so long as its not posted, but I'm by no means a legal scholar...

    http://www.mainelegislature.org/legi...-asec1057.html

    Set me straight please.

    Sent from my Galaxy Nexus using Xparent Green Tapatalk 2
    Your analysis is correct. It must be posted in a manner likely to come to the attention of patrons in order for it to be illegal to carry there. Note that this law only applies to places licensed to sell liquor for on premises consumption. That means that a sign you see on a door to any other business holds no weight of law. However if they ask you to leave and you refuse, you are then trespassing.

    A side note: The statute you linked also prohibits being under the influence of alcohol while carrying in a licensed establishment, whether it is posted or not. However, the statute does not prohibit carrying while under the influence outside the licensed establishment (I am not condoning this action, merely commenting on how the law is written. Don't drink and carry)

  10. #10
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    Well, THANK YOU for bringing this up CC!

    Just to make sure I have this right;

    According to Sect. 1A,
    -I CAN OC in a restaurant/establishment that serves for onsite consumption UNLESS said establishment is posted for no guns.
    -BUT, I cannot be under the influence while OCing.

    This is GREAT news! Now I can go eat in my favorite places again.

    BTW, I NEVER would drink while OCing and I personally think its just a bad idea and could put OCers in a bad light. Its water, coffee or ice tea for this lad or I disarm to go drinking.
    “Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws.” ― Plato

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  11. #11
    Regular Member CCinMaine's Avatar
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    Thanks. I don't drink while carrying. It is something I like to have if I'm the dd for my friends going out, but mostly wanted to know for restaurant carry.

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    Last edited by CCinMaine; 07-24-2012 at 03:32 PM.

  12. #12
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    FYI

    Post #1 is updated/amended to provide the applicable Maine State Statutes regarding CC/OC.
    Additional warning notes have been added to encourage checking said Statutes.

    If there are more Statutes that apply do please post them and I'll edit them into post 1
    “Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws.” ― Plato

    Plato knew this yet today's antis still don't get it!

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    Quote Originally Posted by CCinMaine View Post
    Thanks. I don't drink while carrying. It is something I like to have if I'm the dd for my friends going out, but mostly wanted to know for restaurant carry.

    Sent from my Galaxy Nexus using Xparent Green Tapatalk 2
    I agree. I am fairly new to being of legal drinking age (though not new to drinking ) and sometimes when I carried my Taurus 709, I'd forget it was even there while I was out at a bar. Never had more than a drink or two with it, but even that felt sketchy once I remembered. Now I carry my Glock 22, and I don't think I could forget about it if I tried.
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    I been a little nervous to open carry into restaurants that have bars such as Applebees, Mulligans, and Chaba Thai. I have several people telling me it is illegal. Also the link above says it is illegal. My interpretation of the actual law on the books is that it is perfectly legal unless it is posted no firearms allowed. I am going to go ahead and start going back to the restaurants I like while carrying. I hope there is no trouble.

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    Quote Originally Posted by tazxrulz View Post
    I been a little nervous to open carry into restaurants that have bars such as Applebees, Mulligans, and Chaba Thai. I have several people telling me it is illegal. Also the link above says it is illegal. My interpretation of the actual law on the books is that it is perfectly legal unless it is posted no firearms allowed. I am going to go ahead and start going back to the restaurants I like while carrying. I hope there is no trouble.
    The law is clear. If it's not posted and you haven't been asked to leave, then carry on. I've carried in Applebees often. We even had a meeting of MOCA there once.

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    I am moving to a apartment that is on school grounds. I'm guessing I am pretty much prohibited from open carrying now?

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    Re: Maine Gun/OC laws

    Quote Originally Posted by tazxrulz View Post
    I am moving to a apartment that is on school grounds. I'm guessing I am pretty much prohibited from open carrying now?
    Wait...what? School zone or school grounds?

    If grounds you can't carry or possess a gun in your apartment per state law.

    If zone you can't carry or possess without a permit per federal GFSZ law.


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    Quote Originally Posted by SPOProds View Post
    Wait...what? School zone or school grounds?

    If grounds you can't carry or possess a gun in your apartment per state law.

    If zone you can't carry or possess without a permit per federal GFSZ law.


    Sent from the back of a black van
    I meant to say school zone. F that jazz I passed on the apartment just so I don't have to worry about OC.

  19. #19
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    Re: Maine Gun/OC laws

    You could've OCd as long as you had a resident CCW.

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    Quote Originally Posted by SPOProds View Post
    You could've OCd as long as you had a resident CCW.

    Sent from the back of a black van
    Yeah I understand that. It might be up to six months til I get my permit though. I didn't want to go unarmed that long. Thanks for your replies!

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