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Thread: Where Did You Carry Today

  1. #1
    Regular Member MainelyGlock's Avatar
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    Where Did You Carry Today

    So, I've seen these on a few other state forums and I thought I'd try starting one. I'm interested in hearing about OC experiences here in Maine, especially the Portland area.

    Yesterday, I OC'd to Bangor Savings where I got a few questions by one of the tellers who knows me. One of the ladies there said "good afternoon sir" and "have a nice day sir" in an unusually high voice They were very friendly though, as usual.

    Went to Meineike, Cumberland Farms on Woodfords (been going there for 6 years so they know me pretty well), Shaws and Kohls on the Westbrook line, Wal-Mart, and the BMV (which was closed).

    Today I carried into Sears while I was waiting for my car (and the $900 invoice ). Got a few looks, and I didn't venture past the garage because I don't think OC'ing is allowed in the mall. Security guard didn't say anything, though, when I was in Sears.

    All in all, no problems, so it was a good few days.
    Once more into the fray.
    Into the last good fight I'll ever know.
    Live and die on this day.
    Live and die on this day.



    "I knew one thing: as soon as anyone said you didn't need a gun, you'd better take one along that worked."
    Raymond Chandler

  2. #2
    Regular Member CCinMaine's Avatar
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    Re: Where Did You Carry Today

    I've heard the mall will kick you out for OC. Only ever seen one door posted no firearms, but it doesn't hold the weight of law so that is more your choice until you're told to leave.

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  3. #3
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    Re: Where Did You Carry Today

    Bangor Mall definitely kick you out for OC.

    "No firearms if any kind, openly carried or concealed, with or without a permit"

  4. #4
    Regular Member MainelyGlock's Avatar
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    Quote Originally Posted by CCinMaine View Post
    I've heard the mall will kick you out for OC. Only ever seen one door posted no firearms, but it doesn't hold the weight of law so that is more your choice until you're told to leave.

    Sent from my Galaxy Nexus using Tapatalk 2
    Ha yep, Maine Mall will definitely give you the boot.
    Once more into the fray.
    Into the last good fight I'll ever know.
    Live and die on this day.
    Live and die on this day.



    "I knew one thing: as soon as anyone said you didn't need a gun, you'd better take one along that worked."
    Raymond Chandler

  5. #5
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    Title 17-A: Part 2 Chapter 17: B criminal trespass

    Quote Originally Posted by CCinMaine View Post
    I've heard the mall will kick you out for OC. Only ever seen one door posted no firearms, but it doesn't hold the weight of law so that is more your choice until you're told to leave.

    Sent from my Galaxy Nexus using Tapatalk 2
    what mall are you speaking of? i have cc'ed in the portland mall before but never noticed a sign. and yes if there is a sign posted it does hold the weight of law in maine

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    Quote Originally Posted by Marcus92183 View Post
    what mall are you speaking of? i have cc'ed in the portland mall before but never noticed a sign. and yes if there is a sign posted it does hold the weight of law in maine
    The sign in the Maine Mall is to the left of the doorway on a plaque about 9x12 inches. I'm not sure if it's at every entrance, but there is definitely one in the food court entrance. It's inside the second set of doors on the left of the door on the wall.

    To your second point. A sign ONLY holds the weight of law if the establishment is licensed to sell liquor for on premises consumption. If they don't hold such a license, then the sign holds no weight. However, if asked to leave, you must comply or you will be guilty of trespassing.

    Cite: http://www.mainelegislature.org/legi...-Asec1057.html
    1. A person is guilty of criminal possession of a firearm if:A. Not being a law enforcement officer or a professional investigator licensed under Title 32, chapter 89 and actually performing as a professional investigator, the person possesses any firearm on the premises of a licensed establishment posted to prohibit or restrict the possession of firearms in a manner reasonably likely to come to the attention of patrons, in violation of the posted prohibition or restriction; or [2011, c. 366, 2 (AMD).]

    B. While under the influence of intoxicating liquor or drugs or a combination of liquor and drugs or with an excessive alcohol level, the person possesses a firearm in a licensed establishment. [2009, c. 447, 18 (AMD).]

    [ 2011, c. 366, 2 (AMD) .]

    2. For the purposes of this section, "licensed establishment" means a licensed establishment as defined by Title 28-A, section 2, subsection 15, the license for which is held by an on-premise retail licensee, as defined by Title 28-A, section 2, subsection 27, paragraph B. For the purposes of this section, "premises" has the same meaning as set forth in Title 28-A, section 2, subsection 24

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    Re: Where Did You Carry Today

    ^ This.

    Sent from my SCH-R720 using Tapatalk 2

  8. #8
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    trespass

    Quote Originally Posted by boyscout399 View Post
    The sign in the Maine Mall is to the left of the doorway on a plaque about 9x12 inches. I'm not sure if it's at every entrance, but there is definitely one in the food court entrance. It's inside the second set of doors on the left of the door on the wall.

    To your second point. A sign ONLY holds the weight of law if the establishment is licensed to sell liquor for on premises consumption. If they don't hold such a license, then the sign holds no weight. However, if asked to leave, you must comply or you will be guilty of trespassing.

    Cite: http://www.mainelegislature.org/legi...-Asec1057.html
    the violation i am talking about is not criminal possession of a firearm, it is trespassing if a sign was posted and reasonably visible. if the sign is restricting you from entering their property unless you meet their condition of no firearms you may be labeled an intruder if you don't comply. you might be able to argue that you didn't see the sign if it wasn't placed properly and not easily visible. you might want to argue that one but i think the judge will find in favor of the property owner

    Title 17-A: Part 2 Chapter 17: B
    402. Criminal trespass
    1. A person is guilty of criminal trespass if, knowing that that person is not licensed or privileged to do so,
    that person:
    C. Enters any place from which that person may lawfully be excluded and that is posted in
    accordance with subsection 4 or in a manner reasonably likely to come to the attention of intruders or
    that is fenced or otherwise enclosed in a manner designed to exclude intruders. Violation of this
    paragraph is a Class E crime; [2001, c. 383, 156 (AFF); 2001, c. 383, 56 (AMD).]
    4. For the purposes of subsection 1, paragraph C, property is posted if it is marked with signs or paint in
    compliance with this subsection. Proof that any posted sign or paint marking is actually seen by an intruder
    gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that such posted sign or
    paint marking is posted in a manner reasonably likely to come to the attention of intruders.

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    Quote Originally Posted by Marcus92183 View Post
    the violation i am talking about is not criminal possession of a firearm, it is trespassing if a sign was posted and reasonably visible. if the sign is restricting you from entering their property unless you meet their condition of no firearms you may be labeled an intruder if you don't comply. you might be able to argue that you didn't see the sign if it wasn't placed properly and not easily visible. you might want to argue that one but i think the judge will find in favor of the property owner

    Title 17-A: Part 2 Chapter 17: B
    402. Criminal trespass
    1. A person is guilty of criminal trespass if, knowing that that person is not licensed or privileged to do so,
    that person:
    C. Enters any place from which that person may lawfully be excluded and that is posted in
    accordance with subsection 4 or in a manner reasonably likely to come to the attention of intruders or
    that is fenced or otherwise enclosed in a manner designed to exclude intruders. Violation of this
    paragraph is a Class E crime; [2001, c. 383, 156 (AFF); 2001, c. 383, 56 (AMD).]
    4. For the purposes of subsection 1, paragraph C, property is posted if it is marked with signs or paint in
    compliance with this subsection. Proof that any posted sign or paint marking is actually seen by an intruder
    gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that such posted sign or
    paint marking is posted in a manner reasonably likely to come to the attention of intruders.
    You're reading that wrong

    Read farther:
    A. Signs must indicate that access is prohibited, that access is prohibited without permission of the landowner or the landowner's agent, or that access for a particular purpose is prohibited.
    A no guns allowed sign does not say that general access is prohibited. Nor does it say that access for a particular purpose is prohibited. Carrying a gun is not a purpose, the purpose for access is still shopping (in the case of the mall)

  10. #10
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    it is very gray and open to interpretation as most laws are so it would ultimately be up to the judge in the case. in my opinion being on private property you are supposed to follow the rules of the property owner or don't go on their property. legal or not it is their property you should respect their rights too. i carry a gun almost everywhere i go except at work where the entire property is gated and there are security patrols and it is prohibited as it is in most workplaces therefore i will add the maine mall to the list of places i don't go

  11. #11
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    Quote Originally Posted by Marcus92183 View Post
    it is very gray and open to interpretation as most laws are so it would ultimately be up to the judge in the case. in my opinion being on private property you are supposed to follow the rules of the property owner or don't go on their property. legal or not it is their property you should respect their rights too. i carry a gun almost everywhere i go except at work where the entire property is gated and there are security patrols and it is prohibited as it is in most workplaces therefore i will add the maine mall to the list of places i don't go
    That's why they clause is there allowing them to ask you to leave. If they ask, I leave. But I CCW in the mall every time I go. If the law allows me to carry, then I'm carrying.

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    Re: Where Did You Carry Today

    Quote Originally Posted by boyscout399 View Post
    That's why they clause is there allowing them to ask you to leave. If they ask, I leave. But I CCW in the mall every time I go. If the law allows me to carry, then I'm carrying.
    This.

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