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Thread: I used to not give it a second thought

  1. #1
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    First off, I just discovered this site and the board. I was aware of the OC movement but it never really sunk in.

    I grew up in Maine and, at least in hunting season, I thought nothing of walking through town with my revolver at my side. In the mid 70s I moved to NH and got my concealed carry permit. I was solidly under the impression that concealed carry permitted you to carry a weapon out of sight and concealed was the only way you could carry afirearm (especially a loaded one) in public. In fact I was pretty much paranoid about letting the gun ever become visible - the primary reason for leaving it home a lot of the time.

    We returned to Maine a few months ago (midcoast area) and I just got my Maine NR permit changed to resident. (Gee - the state only charged $2 as they considered it just a change of address!)

    At this point I'm a bit hesitant about wandering around with my Sig in open viewbut, at the minimum, it's nice to know that I can drop the being paranoid part.

    I'll be spending some time looking over the Maine posts here.

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    yea science its pretty nice. you have any incidents yet?

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    So, besides a stint with the Marine Corps, I have lived in Maine my whole life. I just learned today that I can Open Carry in my home state. I have had my CC permit since I got out of the USMC but always assumed that open carry was taboo. Because of the taboo I have not been carrying during the summer months due to having some pretty big hand artillery that sticks out of everywhere without having a coat on. I can proudly say that I am now carrying my Ruger Redhawk .45 LC with the 7.5 inch barrel on my hip.

    Is that a big freakin gun in your pocket or are you just happy to see me.

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    Hey Tony,
    love that 45 colt.
    I've been looking for a redhawk (that I can afford)
    carrying a 5 1/2 blackhawk now
    I figure I really should have a double action for defensive purposes though.
    I could always use the 10 inch super redhawk 454/45 colt I guess (lol).
    Actually I was thinking 4 or 6 inch redhawk or gp100.
    You got any thoughts about one over the other?
    Does the gp100 even come in 45?

    I have been a little confused over the concealed/open issue myself. In the class they told us concealed means concealed, if anyone sees it it could be brandishing. Which makes no sense to me

    fred
    blanchard,me

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    they say that! but to get convicted of brandishing you have to be well brandishing the weapon, having it on your person is not brandishing. If you remove it from the holster.........brandishing. as long as its in a secure holster you should be fine. i OC in saco every day. done it in scarborough, sanford. springvale. wells, kennebunk. york, kittery. thorndike. limestone. rumford, bethel , newry lol list goes on. But in order to brandish it has to be in your hand in a "threatening mannor" otherwise a judge would throw it out.

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    Moderator / Administrator Grapeshot's Avatar
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    Do not believe that Maine has a statute regarding or defining "brandishing."
    If someone thinks there is, please cite it.

    There is a "criminal threatening" statute 17-A M.R.S. § 209(1) (2006) that makes no reference to guns; however, when combined with provisions of 17-A M.R.S. § 1252(4) (2006) introducing "use of dangerous weapon" it gets the job done.

    Yata hey



    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    well grape i've been charged with "brandishing" in the state of maine for OC...........and this is exactly quoted as what the FEDERAL judge said to the DA and the LEO that charged me.

    "Mr. Hopkins was well within his rights while openly carrying a secured firearm in the city of biddeford on the date of july second 2008. In order for him to brandish a weapon. he has to be showing said weapon in a violent or threatening mannor towards another individual. Seeing as Mr.Hopkins did not . He is NOT guilty of any crime. Next time you would like to attempt a charge on a person you might want to take into concideration the mannor what which a person does something in. This charge is chocked up to the same relivance as driving to endanger on a tricycle."


    as i said before..........being charged with "brandishing" for OC.........is a possibility. being CONVICTED of "brandishing" for OC...........is NOT GOING TO HAPPEN.

    I stated what i stated to ease the previous posters worries about brandishing charges in my state. because its happened to ME.



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    Regular Member Gunslinger's Avatar
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    jay75009 wrote:
    well grape i've been charged with "brandishing" in the state of maine for OC...........and this is exactly quoted as what the FEDERAL judge said to the DA and the LEO that charged me.

    "Mr. Hopkins was well within his rights while openly carrying a secured firearm in the city of biddeford on the date of july second 2008. In order for him to brandish a weapon. he has to be showing said weapon in a violent or threatening mannor towards another individual. Seeing as Mr.Hopkins did not . He is NOT guilty of any crime. Next time you would like to attempt a charge on a person you might want to take into concideration the mannor what which a person does something in. This charge is chocked up to the same relivance as driving to endanger on a tricycle."


    as i said before..........being charged with "brandishing" for OC.........is a possibility. being CONVICTED of "brandishing" for OC...........is NOT GOING TO HAPPEN.

    I stated what i stated to ease the previous posters worries about brandishing charges in my state. because its happened to ME.
    Why was it in Federal Court?
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

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    because the original charge was for brandishing in a city hall in biddeford. so for some reasoning by the DA it ended up in the federal court in portland.

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    jay75009 wrote:
    well grape i've been charged with "brandishing" in the state of maine for OC...........and this is exactly quoted as what the FEDERAL judge said to the DA and the LEO that charged me.

    "Mr. Hopkins was well within his rights while openly carrying a secured firearm in the city of biddeford on the date of july second 2008. In order for him to brandish a weapon. he has to be showing said weapon in a violent or threatening mannor towards another individual. Seeing as Mr.Hopkins did not . He is NOT guilty of any crime. Next time you would like to attempt a charge on a person you might want to take into concideration the mannor what which a person does something in. This charge is chocked up to the same relivance as driving to endanger on a tricycle."


    as i said before..........being charged with "brandishing" for OC.........is a possibility. being CONVICTED of "brandishing" for OC...........is NOT GOING TO HAPPEN.

    I stated what i stated to ease the previous posters worries about brandishing charges in my state. because its happened to ME.
    That's fine as far as it goes Unfortunately, allegorical stories while worth sharing do neither educate nor provide the necessary data for growth within the OC community.

    7) If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority. Citing to authority, using links when available,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.
    http://opencarry.mywowbb.com/forum1/1.html

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  11. #11
    Moderator / Administrator Grapeshot's Avatar
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    Gunslinger wrote:
    jay75009 wrote:
    well grape i've been charged with "brandishing" in the state of maine for OC...........and this is exactly quoted as what the FEDERAL judge said to the DA and the LEO that charged me.

    "Mr. Hopkins was well within his rights while openly carrying a secured firearm in the city of biddeford on the date of july second 2008. In order for him to brandish a weapon. he has to be showing said weapon in a violent or threatening mannor towards another individual. Seeing as Mr.Hopkins did not . He is NOT guilty of any crime. Next time you would like to attempt a charge on a person you might want to take into concideration the mannor what which a person does something in. This charge is chocked up to the same relivance as driving to endanger on a tricycle."


    as i said before..........being charged with "brandishing" for OC.........is a possibility. being CONVICTED of "brandishing" for OC...........is NOT GOING TO HAPPEN.

    I stated what i stated to ease the previous posters worries about brandishing charges in my state. because its happened to ME.
    Why was it in Federal Court?
    jay75009 wrote:
    because the original charge was for brandishing in a city hall in biddeford. so for some reasoning by the DA it ended up in the federal court in portland.
    Interesting but it doesn't fit the mold.

    Was the charge a federal offense? Don't see the jurisdiction here.

    Reference/link the court case so that we may all understand and learn.

    Yata hey



    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  12. #12
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    Grapeshot wrote:
    Gunslinger wrote:
    jay75009 wrote:
    well grape i've been charged with "brandishing" in the state of maine for OC...........and this is exactly quoted as what the FEDERAL judge said to the DA and the LEO that charged me.

    "Mr. Hopkins was well within his rights while openly carrying a secured firearm in the city of biddeford on the date of july second 2008. In order for him to brandish a weapon. he has to be showing said weapon in a violent or threatening mannor towards another individual. Seeing as Mr.Hopkins did not . He is NOT guilty of any crime. Next time you would like to attempt a charge on a person you might want to take into concideration the mannor what which a person does something in. This charge is chocked up to the same relivance as driving to endanger on a tricycle."


    as i said before..........being charged with "brandishing" for OC.........is a possibility. being CONVICTED of "brandishing" for OC...........is NOT GOING TO HAPPEN.

    I stated what i stated to ease the previous posters worries about brandishing charges in my state. because its happened to ME.
    Why was it in Federal Court?
    jay75009 wrote:
    because the original charge was for brandishing in a city hall in biddeford. so for some reasoning by the DA it ended up in the federal court in portland.
    Interesting but it doesn't fit the mold.

    Was the charge a federal offense? Don't see the jurisdiction here.

    Reference/link the court case so that we may all understand and learn.

    Yata hey


    RULE :
    9) No stalking of other users. This includes creating accounts with similar names, avatars and personal information in an attempt to confuse others as to the views of the original poster.

    if im correct following every time i post and harassing me for every word i type violates this. read the rules yourself there coach.

    #1 i wasnt citing LAW i was saying its going to be VERY hard to be convicted of such. my opinion and experience. if i wanted to site a law i would put the law code next to it and link but i was not. i was sharing experience. back off.

  13. #13
    Moderator / Administrator Grapeshot's Avatar
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    jay75009 wrote:
    RULE :9) No stalking of other users. This includes creating accounts with similar names, avatars and personal information in an attempt to confuse others as to the views of the original poster.

    if im correct following every time i post and harassing me for every word i type violates this. read the rules yourself there coach.

    #1 i wasnt citing LAW i was saying its going to be VERY hard to be convicted of such. my opinion and experience. if i wanted to site a law i would put the law code next to it and link but i was not. i was sharing experience. back off.
    Stalking you? You flatter yourself too much. I peruse virtually all categories/sections of OCDO. Threads once posted then become "watched" threads.

    That and I utilize the Recent button at the top of the forum main page and thereby see new postings. Have never seen all 308 of your postings - should I?

    Actually, I respond to only the more egregious postings in a such a direct manner.

    That and when someone asks for a cite it is the courteous, responsible thing to do, even ignoring the rules.

    [line]
    Are we going to see the federal judge's ruling?

    Just the court, date or docket number number should be enough if you don't have it handy.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  14. #14
    Regular Member Gunslinger's Avatar
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    jay75009 wrote:
    because the original charge was for brandishing in a city hall in biddeford. so for some reasoning by the DA it ended up in the federal court in portland.
    The DA can't prosecute in Federal Court. It is done by US Attorneys. And you committed no federal offense. Are you sure it was Federal Court and not Maine Superior Court via a transfer of venue?
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

  15. #15
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    they just say that to cover their own asses. almost trying to put the fear into people. as if to say "you better carry concealed! you'll get in big trouble!" when i tried to ask about OC during my CC class the instructor pretty much said he didnt want to talk about it saying that it didnt really have any bearing on the class. after the class was over afew people came to me asking about OC. at anyrate it was my understanding that instructors are not very friendly on the OC issue.

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