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Maine Gun/OC laws

Maine Expat

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Jun 29, 2012
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Ukraine & Bangor Maine
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/legis/statutes/12/title12sec11212.html

Where alcohol is served.
http://www.mainelegislature.org/legis/statutes/17-a/title17-asec1057.html

When a Permit is required
http://www.mainelegislature.org/legis/statutes/25/title25sec2001-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/guncontrol/a/Maine-Gun-Laws.htm
Also see: http://crime.about.com/od/gunlawsbystate/a/gunlaws_me_2.htm
 
Last edited:

Maine Expat

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Ukraine & Bangor Maine
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
 

boyscout399

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May 23, 2008
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Lyman, Maine
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.
 

Maine Expat

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Ukraine & Bangor Maine
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?
 

boyscout399

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Lyman, Maine
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.
 

Maine Expat

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Ukraine & Bangor Maine

Most excellent! Thank you kind sir. :D

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.
 

CCinMaine

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Jun 27, 2012
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Windham, Maine
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/legis/statutes/17-a/title17-asec1057.html

Set me straight please.

Sent from my Galaxy Nexus using Xparent Green Tapatalk 2
 

boyscout399

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Lyman, Maine
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/legis/statutes/17-a/title17-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)
 

Maine Expat

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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.
 

CCinMaine

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Windham, Maine
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
 
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Maine Expat

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Ukraine & Bangor Maine
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
 

MainelyGlock

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Feb 19, 2012
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Portland, ME
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.
 

tazxrulz

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Jan 27, 2011
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Location
Saco, ME

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.
 

boyscout399

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May 23, 2008
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Lyman, Maine
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.
 

tazxrulz

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

SPOProds

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Jan 14, 2012
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Orono, ME
I am moving to a apartment that is on school grounds. :banghead: 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.


Sent from the back of a black van
 

tazxrulz

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Saco, ME
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.
 

tazxrulz

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Saco, ME
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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