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Thread: Concealed carry, resential child care facility?

  1. #1
    Regular Member
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    Jan 2014
    Location
    Maine
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    2

    Concealed carry, resential child care facility?

    I was skimming down the forum as I do on occasion and found this link somebody had posted:http://www.mainecwptraining.com/NO_CARRY_ZONES.html

    So when I was checking that out I see that it says:

    "UNLESS PERMITTED BY APPROVED (BY DHS) RULE AT
    RESIDENTIAL CHILD CARE FACILITIES (EVEN LICENSED SECURITY CANNOT CARRY)"

    CHILD CARE FACILITIES, FOSTER HOMES, NURSERY SCHOOLS; UNLESS APPROVED BY
    DHHS (MANDATORY RULE - ENFORCEMENT MECHANISM \ QUESTIONABLE) (FIREARM,
    CHEMICAL WEAPON, SHOCKING DEVICE OR BLADED INSTRUMENT)

    I am concerned about these particular statements because I often conceal carry when attending church as part of the routine the kids go to "children's church" which could be distorted to "child care". Really any church could be argued to have "child care" during a regular service.

    Also I don't often conceal carry at my in-laws house but it has/could happen. My mother in law runs a daycare from their house with 10 or so kids, sometimes my children are there during "business" hours when I go to pick them up. Also what if the owner has a hunting rifle in same building as the residential child care locked away in a different part of the house.

    Where can I find more information about the residential child care facilities?
    Last edited by A-Maine-Taxpayer; 01-20-2014 at 03:37 PM.

  2. #2
    Regular Member Grundi's Avatar
    Join Date
    Feb 2013
    Location
    Maine
    Posts
    47

    Yes and No and Maybe and...

    DHS is actually following the State statutes (Title 17-A, p. 554 Endangering the welfare of a child) on this one (but might be stretching just a little, too). If you're the adult in charge of a child (under 16), any firearms and ammunition at the location where you're supervising/adulting? must be separated and locked away so that the child cannot have ready access to said firearms and ammunition.

    Now, both DHS and the State statute (Title 17-A, p. 554) focus on you being the child's long-term care provider.

    You're post indicates that you're may not be the long-term care provider, but happen to be at the location where children are at. No harm, no foul. Keep your handgun concealed and away from the children (unless the situation calls for you to use your handgun).

    If you become a Sunday School teacher/helper and begin to provide regular care to the children, I would contact an attorney who would be better able to give direction on this.

    Here's a link to the State statute: Maine Title 17-A

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