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Issued Citation for OC'ing In My Driveway Tonight... 5 Squad Cars Necessary?

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boyscout399

Regular Member
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May 23, 2008
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905
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Lyman, Maine
Personally, I would go in and file a complaint. Bring the state preemption statute with you and ask to speak with the captain. I would also seriously consider filing suit. Because you were issued a citation you now have clear grounds for the suit.
 
MainelyGlock

MainelyGlock

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615
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Portland, ME
boyscout399 said:
Personally, I would go in and file a complaint. Bring the state preemption statute with you and ask to speak with the captain. I would also seriously consider filing suit. Because you were issued a citation you now have clear grounds for the suit.
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Ok, I will go in instead of calling. It would have to wait until a week from now when it's my day off though, because of my class and work schedule. If the Captain is not available to speak with, should I file with whomever is next in command?

How would I go about filing a lawsuit?
 
david.ross

david.ross

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MainelyGlock said:
Ok, I will go in instead of calling. It would have to wait until a week from now when it's my day off though, because of my class and work schedule. If the Captain is not available to speak with, should I file with whomever is next in command?

How would I go about filing a lawsuit?
Click to expand...

Don't wait to call, speak with the captain today when you have a few moments.
 
MainelyGlock

MainelyGlock

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Portland, ME
david.ross said:
Don't wait to call, speak with the captain today when you have a few moments.
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I work 5AM-1PM, then have class from 2:30PM to 8:45PM. I wish I had time to do it today. Wednesday I have a few hours between work and class, but it makes me nervous not knowing how long it's going to take because I am not allowed to miss any classes.
 
davidmcbeth

davidmcbeth

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earth's crust
MainelyGlock said:
I was trying to do the right thing by alerting those on scene to my firearm so as to not freak them out... and look what happened ha. Very sad indeed. The attitudes of the majority of the officers were concerning, but not what I'm focused on. I was told I was violating a city ordnance while I was still on private property, then was led onto the sidewalk. Does that make a difference?
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I would think that unless they commanded you onto public land your view may not prevail; if they did then estoppel may attach.
 
davidmcbeth

davidmcbeth

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earth's crust
boyscout399 said:
Personally, I would go in and file a complaint. Bring the state preemption statute with you and ask to speak with the captain. I would also seriously consider filing suit. Because you were issued a citation you now have clear grounds for the suit.
Click to expand...

I would not recommend calling or talking to any policeman .. anything you say can and will be used against you ..
 
jdholmes

jdholmes

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Henderson, Nevada
I'm sure it will be dropped re: preemption....BUT...didn't you just say that it wasn't actually your property? The officer asks where you live and you say you are actually house sitting for your mom. That makes it your moms property, not yours...unless I am missing something.
 
MainelyGlock

MainelyGlock

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Portland, ME
jdholmes said:
I'm sure it will be dropped re: preemption....BUT...didn't you just say that it wasn't actually your property? The officer asks where you live and you say you are actually house sitting for your mom. That makes it your moms property, not yours...unless I am missing something.
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I hope so.

You might be correct. It might make a difference since I have been residing there for the past week, or since we are related, or because that address has been listed as a past address for me. I still have my state I.D. with that address listed on the front. I will look into that though; thank you for bringing it up!
 
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boyscout399

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May 23, 2008
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905
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Lyman, Maine
jdholmes said:
I'm sure it will be dropped re: preemption....BUT...didn't you just say that it wasn't actually your property? The officer asks where you live and you say you are actually house sitting for your mom. That makes it your moms property, not yours...unless I am missing something.
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Doesn't matter if it was private property or public property, the police cannot issue a citation for carrying a firearm where allowed by state law.
 
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SPOProds

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Joined
Jan 14, 2012
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464
Location
Orono, ME
boyscout399 said:
Personally, I would go in and file a complaint. Bring the state preemption statute with you and ask to speak with the captain. I would also seriously consider filing suit. Because you were issued a citation you now have clear grounds for the suit.
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This and OC when you file the complaint. Police Departments may not prohibit firearms.

Sent from my SCH-R720 using Tapatalk 2
 
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SPOProds

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Orono, ME
MainelyGlock said:
Portland's certainly does. Or it's posted, rather.
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PDs fall under preemption as well. Frack their sign. Portland PD knows this, boyscout and flashlight have both pointed this out to them.

Does the sign say "no firearms" or "no weapons"? They can prohibit any item except firearms.

Sent from my SCH-R720 using Tapatalk 2
 
MainelyGlock

MainelyGlock

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Portland, ME
SPOProds said:
PDs fall under preemption as well. Frack their sign. Portland PD knows this, boyscout and flashlight have both pointed this out to them.

Does the sign say "no firearms" or "no weapons"? They can prohibit any item except firearms.

Sent from my SCH-R720 using Tapatalk 2
Click to expand...

I might buy a blue Glock training gun to carry in places like that. How did it go for them?

Edit: I'm not sure of the exact wording of the sign. I'll let you know soon once I go in to file a complaint.
 
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B

boyscout399

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May 23, 2008
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905
Location
Lyman, Maine
MainelyGlock said:
I might buy a blue Glock training gun to carry in places like that. How did it go for them?

Edit: I'm not sure of the exact wording of the sign. I'll let you know soon once I go in to file a complaint.
Click to expand...

Flashlight was allowed to carry both times he went in, I was not. Both times they locked my gun in the armory while I was filing the complaint.
 
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SPOProds

Regular Member
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Jan 14, 2012
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Location
Orono, ME
MainelyGlock said:
I might buy a blue Glock training gun to carry in places like that. How did it go for them?

Edit: I'm not sure of the exact wording of the sign. I'll let you know soon once I go in to file a complaint.
Click to expand...

I believe they both filed their complaints without issue. They had to educate slightly. I had the same issue with Orono PD. I emailed them and supposedly the sign has been altered, I have not been back to check though.

A blue gun will not make a point to a LEO, a regular civilian maybe. IMHO I don't like the blue gun idea. YMMV

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MAC702

MAC702

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Jul 31, 2011
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6,331
Location
Nevada
The cops KNEW you were armed. You have the 911 tapes to prove it if they lie. Under color of authority, they told you to step off your property. This is lawsuit #1.

State preemption violated by citation from the city and its enforcers. Lawsuit #2.
 
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