Open Carry - local library?

Hi All,
Joined recently and am trying to read as much as possible on open carry. I was hoping someone could help point me in the right direction. There is a local library here in Maine that I've heard is considering posting a "no firearms allowed" sign at the library. In my searches Ive also seen that the Portland public library has a similar rule stated in their policies. Trying to discern where the line is drawn legally between a public institution and private one. This library is not officially called a public library, but does receive approx 25% of funding from our town. Is it enforceable for them to post "no firearms" sign for open carry? Thanks in advance.

They appear to be funded by public and private donations.

Rules of Conduct say no guns allowed.
http://www.portlandlibrary.com/aboutppl/RulesofConduct3.24.11.pdf

However, state preemptions states:
2. Regulation restricted. Except as provided in subsection 3, no political subdivision of the State, including, but not limited to, municipalities, counties, townships and village corporations, may adopt any order, ordinance, rule or regulation concerning the sale, purchase, purchase delay, transfer, ownership, use, possession, bearing, transportation, licensing, permitting, registration, taxation or any other matter pertaining to firearms, components, ammunition or supplies.
http://www.mainelegislature.org/legis/statutes/25/title25sec2011.html

Can anyone shed any light on how these seemingly opposed situations have been resolved.
I remember a poster here several years back that indicated he carried in the library, but cannot find a link to that post.

Next time I need to go to the library here, I'll "test the waters" and let ya'll know.

Don't know about resolution. However, Portland is full of ordinances that contradict preemption. Being a "public" library you should be good to go. But, IANAL.

MaineGlock i don't suggest testing the waters, unless you have some money to spend in a lawyer. Unless, you plan to be a test case if necessary.

SPOProds said:

Don't know about resolution. However, Portland is full of ordinances that contradict preemption. Being a "public" library you should be good to go. But, IANAL.

MaineGlock i don't suggest testing the waters, unless you have some money to spend in a lawyer. Unless, you plan to be a test case if necessary.

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Why would I need a lawyer? They ask me to leave, I leave. I've been issued two summons in the last 5 months on behalf of Portland's illegal city ordnances. Both got me calls the next day from the PPD attorney saying the charges would be dropped immediately. If I had the money, I'd gladly sue the city to eliminate those stupid ordnances.

MainelyGlock said:

Why would I need a lawyer? They ask me to leave, I leave. I've been issued two summons in the last 5 months on behalf of Portland's illegal city ordnances. Both got me calls the next day from the PPD attorney saying the charges would be dropped immediately. If I had the money, I'd gladly sue the city to eliminate those stupid ordnances.

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As long as you're ready for a possible legal battle, i say go for it!

I say a lawyer though because who knows what bs charge they pull out. You might not be asked to leave, police might just show up. Then hit you with a BoP charge or something similar. But, i digress, i had forgotten you've been around the block with PPD.

Thanks for the feedback. So, i'm still not clear myself on whether or not the State preemption clause would be applicable to our local library. To the non-lawyer, it would seem logical that a local library is not a "political subdivision" of the State - and consequently the preemption clause would not be relevant. My current thinking then is that the library would be able to incorporate a no firearms policy on its premises. Does anyone have any other info that would suggest otherwise? Thanks in advance.

Wait a minute said:

Thanks for the feedback. So, i'm still not clear myself on whether or not the State preemption clause would be applicable to our local library. To the non-lawyer, it would seem logical that a local library is not a "political subdivision" of the State - and consequently the preemption clause would not be relevant. My current thinking then is that the library would be able to incorporate a no firearms policy on its premises. Does anyone have any other info that would suggest otherwise? Thanks in advance.

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Bangor Public Library, city bought it.
http://en.wikipedia.org/wiki/Bangor_Public_Library

Portland Public Library is listed under city departments and under city services.
http://www.portlandmaine.gov/services.htm

These cities are a political subdivision of the state and therefore the libraries owned by them are covered by preemption. That would be my conclusion until shown differently.

Very interesting Grapeshot. I see your point with those libraries, and I would tend to agree that preemption *should apply*. Unfortunately, my local library is separate from the town though, so seems to me less likely that preemption applies. Anyways, i can always choose to drive to the next nearest town if my local library goes ahead with their plan to post a no firearms sign/policy, vote with my own feet.

Wait a minute said:

Very interesting Grapeshot. I see your point with those libraries, and I would tend to agree that preemption *should apply*. Unfortunately, my local library is separate from the town though, so seems to me less likely that preemption applies. Anyways, i can always choose to drive to the next nearest town if my local library goes ahead with their plan to post a no firearms sign/policy, vote with my own feet.

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Not sure what you mean by "separate from the town."

Neither "likely" nor "less likely" make any difference. Determining who owns the entity and what the law says is the only way to get answers.

In the OP, you asked about Portland Public Library. If they post or have a no guns policiy, then someone needs to contact the library board and City Attorney about correcting this.

Grapeshot, my intent with the OP was to try to get more information on how to determine if the state's preemption clause would apply to open carry in my local library (which is not portland btw) - sorry if that wasnt clear. This library is owned by a nonprofit org that is not affiliated with the town. That nonprofit owns the land and building. The town does provide some funding but likely less than 20% or so. With this info, i am concluding that the library is not a political subdivision of the town and therefore preemption doesnt apply. Basically, this library appears to be able to be considered like a private business and can post and enforce a no firearms policy. At least thats my conclusion with the info ive learned so far - i welcome any feedback. Thanks.