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Thread: Open Carry in Maine

  1. #1
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    I've visited Maine the past two years and carried openly while on the lands
    owned by the timber companies. (Most outdoor recreation land in Maine is owned by the timber companies and they generally permit it to be used for hunting, fishing, hiking, camping, etc.) Last year I was near Moosehead Lake and
    this year near Upton. I have no idea what the timber companies permit and decided not to ask. I believe open carry is permitted in Maine. Frankly, it is seldom
    that you see other people on the trails and only occasionally on the roads.

    Striker


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    It is good to hear you had no problems in ME. I wouldn't imagine there'd be many people in that part of the state. I have been to ME many times, but have not seen open carry. Of course, it is probably less common in the urban areas. As I have been in suburban areas not too far from Portland.

    ProguninTN

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    Maine's only problem is that you need a permit to carry in your car - some folks in Maine need to go whole hog for Alaska car carry and join the 16 states which do not require a permit to conceal your gun in you OWN car. The back up is to legalize open cary in a car without a permit.

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    Be careful in Portland and Waterville. Waterville has a local ordinance where

    you could be charge with brandishing.

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    stetson wrote:
    Be careful in Portland and Waterville. Waterville has a local ordinance where

    you could be charge with brandishing.
    Penalty Flag - no citation of authority on the play!

  6. #6
    Regular Member reefteach's Avatar
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    It is very important to not use hearsay on this site. We all see enough of it on other firearms sites, much of which hurts our cause. This serial miseducation can easily be thwarted by simply looking up the municipal codes online. After a while, it becomes kind of interesting finding weird stuff.

    Waterville has no ordinance against OC(and none pertaining to brandishing). The only ordinances they have in regards to firearms are the standard "discharging" and "licencing" ordinances.

    Portland however does have an obscure, bizarre ordinance I would like to share:
    Sec. 17-42. Same--Carrying at nighttime prohibited; exception.
    (a) No person shall have in his possession in or on any street, way, sidewalk, park or other public place, or in any motor vehicle on or in any street, way, sidewalk, park, or other public place between the time of sunset of any day and sunrise of the following day any loaded BB gun, air gun of any kind, gas pellet gun of any kind, firearm of any kind or description or any other such weapon.
    (b) This section shall not apply to any law enforcement official in the performance of his or her official duties or to any person defending himself or herself or his or her property.
    (Code 1968, ยง 703.6; Ord. No. 155-72, 5-15-72)

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    Does maine hav preemption?

  8. #8
    Regular Member reefteach's Avatar
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    Complete State Preemption of All Firearm Laws according to the main map. This law should be questioned; Unless carrying daily constitutes "person defending himself or herself or his or her property".

  9. #9
    Founder's Club Member - Moderator Gray Peterson's Avatar
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    The Maine preemption statute was passed to specific target Portland's ordinance:

    The firearm preemption statute, Chapter 252-A, 2011 reads as follows:
    "1. Preemption. The State intends to occupy and preempt the entire field of legislation concerning the regulation of firearms, components, ammunition and supplies. Except as provided in subsection 3, any existing or future order, ordinance, rule or regulation in this field of any political subdivisions of the State is void.
    "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.
    "3. Exception. This section does not prohibit an order, ordinance, rule or regulation of any political subdivision which, with the exception of appropriate civil penalty provisions, conforms exactly with any applicable provision of state law or which regulates the discharge of firearms within a jurisdiction."

    The court ruled in Hilly v. City of Portland that state law above preempted the Portland ordinance.


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