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Trying to change the Law

Fallschirjmäger

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.... except that this paragraph shall not apply to a person who has a valid Maine permit to carry a concealed weapon (or other permit recognized by the state of Maine)[2005, c. 477, §9 (AMD).]

Wouldn't that fix it?
Rifles, pistols, revolvers, crossbows, black powder all covered, ... hunting from a vehicle still illegal, and no one has to do the 'get out and load' dance in public.
 

Maine Expat

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No it wouldn't Falls.

We're trying to rewrite/change a law on the books to make it possible to keep a loaded handgun in the vehicle as an OCer, WITHOUT a CCP.
 
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boyscout399

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Lyman, Maine
.... except that this paragraph shall not apply to a person who has a valid Maine permit to carry a concealed weapon (or other permit recognized by the state of Maine)[2005, c. 477, §9 (AMD).]

Wouldn't that fix it?
Rifles, pistols, revolvers, crossbows, black powder all covered, ... hunting from a vehicle still illegal, and no one has to do the 'get out and load' dance in public.

That is how the law currently reads. This does not help the people who open carry without a CCW. Maine allows open carry without a CCW except someone that wants to use this right has to do the "get out and load" dance because they can't have it loaded in their vehicle because they do not have a CCW permit.
 

boyscout399

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Another little known fact about this statute... There is no exemption in this statute for a law enforcement officer. The permit exemption only allows for a loaded pistol or revolver. The shotguns or AR15s found in most police vehicles are not legal under Maine law because they often have a loaded magazine tube with empty chamber.
 
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Maine Expat

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Here's the Reg from Title12 Sec. 11212 Para 1



Maybe drop the CCP line so it reads;

B. 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 may have in or on a motor vehicle or trailer a loaded pistol or revolver. [2005, c. 477, §9 (AMD).]

So, its been quiet for the past couple of days. What say ye MAINERS? Does the amended version immediately above that deletes the CCP requirement fit the bill?

-Should we include any language (or suggestion to legislators) about properly holstered/in plain view w/o a CCP, etc?
-Add "with or without a Concealed Carry permit" to the end?
-Submit it as is?

Lets have some suggestions on wording please and start putting some pressure on our elected officials in a coordinated effort to show them we mean business.
 

boyscout399

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Lyman, Maine
So, its been quiet for the past couple of days. What say ye MAINERS? Does the amended version immediately above that deletes the CCP requirement fit the bill?

-Should we include any language (or suggestion to legislators) about properly holstered/in plain view w/o a CCP, etc?
-Add "with or without a Concealed Carry permit" to the end?
-Submit it as is?

Lets have some suggestions on wording please and start putting some pressure on our elected officials in a coordinated effort to show them we mean business.

Why not just remove that whole section from the law. It would still be illegal to hunt from a vehicle, just not illegal to have a loaded gun in a vehicle.
 

SPOProds

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Orono, ME
Why not just remove that whole section from the law. It would still be illegal to hunt from a vehicle, just not illegal to have a loaded gun in a vehicle.



Double Ditto. Except the hunting rule should be a "moving vehice" not just any vehicle. I know if I were on an ATV I'd like to take my shot without having to get off and reallign. Also I know a couple of handicaped people that took the idea from "Sons of Guns" and mounted Rem 700 to the front of their ATVs, I'd like them to be able to use these legally.
 

Maine Expat

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Sounds good.

So we are all going to start emailing our State Legs to drop para 1B from Title 12 SS 11212? I agree, Para 1A already says no shooting from a vehicle, Para 1B is unnecessary.

Also I might suggest emailing Gov LePage as well as your Rep & senator and stating at the end who received a copy.
 

boyscout399

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Lyman, Maine
Double Ditto. Except the hunting rule should be a "moving vehice" not just any vehicle. I know if I were on an ATV I'd like to take my shot without having to get off and reallign. Also I know a couple of handicaped people that took the idea from "Sons of Guns" and mounted Rem 700 to the front of their ATVs, I'd like them to be able to use these legally.

There are ways to get exceptions made if you are handicapped. I personally do not think it needs to be changed to "moving vehicle" because I don't think it's ethical to stop the car, roll down your window and shoot a deer.
 

SPOProds

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Only problem with restricting shooting from a vehicle, if hunting exceptions can be made, is it creates more legal trouble. If you have to defend yourself from a car jacking you may be cleared on the homicide but still be charged with shooting from a vehicle. Its not likely but possible. Being from CT the courts will try to hang you anyway possible, it may be different here.
 

boyscout399

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Lyman, Maine
Only problem with restricting shooting from a vehicle, if hunting exceptions can be made, is it creates more legal trouble. If you have to defend yourself from a car jacking you may be cleared on the homicide but still be charged with shooting from a vehicle. Its not likely but possible. Being from CT the courts will try to hang you anyway possible, it may be different here.

That's covered by the competing harms laws and any prosecutor would know that, and even if they did charge you, any defense attorney would laugh it out of court.
 

SPOProds

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Orono, ME
That's covered by the competing harms laws and any prosecutor would know that, and even if they did charge you, any defense attorney would laugh it out of court.

Good to hear. I have no other qualms about the restriction, other than I think it's just unecessary.
 
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