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Thread: Easy question.

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    i know here in the state of Maine, you cannot OC in a car or truck, suv, camper or other motor vehicle or boatwithout a CCW permit.

    However.......can you ride a bicycle? can you rollerblade? can you ride a horse? how about a canoe or kayak?

    i know if you do any of these activites while intoxicated you will get a OUI charge.........so will you get a transporting a weapon charge for OC'ing while doing these things? i've been thinkin about this for a long time.

    anyone know? lol

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    i would imagine it depends on the mode of transportation. for instance if you are OCing on a bike i wouldnt worry because the weapon is in view. If you are in a kayak like you suggested then i would imagine you will be in some trouble because the position you sit while in a kayak. anything on y our person is usually not easily seen. Thats my take on it jay.

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    i guess it would really boil down to what the officer concidered a "vehicle" lol is a horse a vehicle lmao

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    jay75009 wrote:
    i know here in the state of Maine, you cannot OC in a car or truck, suv, camper or other motor vehicle or boatwithout a CCW permit.

    However.......can you ride a bicycle? can you rollerblade? can you ride a horse? how about a canoe or kayak?

    i know if you do any of these activites while intoxicated you will get a OUI charge.........so will you get a transporting a weapon charge for OC'ing while doing these things? i've been thinkin about this for a long time.

    anyone know? lol
    Jay, the OUI on a bicycle, kayak, canoe, etc. is a myth. OUI, as I'm sure you know, stands for Operating Under the Influence. What you may not know, is that the rest of that sentence is "Operating Under the Influence of alcohol or drugs in a MOTOR VEHICLE" If it doesn't have a motor, you can't get an OUI. Most other states call it a DUI (driving) but Maine says Operating, because of the large number of snowmobiles, ATV's, boats, and other various (mostly offroad) vehicles. As far as the concealing, such as in a kayak, who knows. I doubt there has been a test case on it. I don't expect to run into too many LEO's while kayaking or canoeing, but I suppose it's possible.

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    jay75009 wrote:
    i guess it would really boil down to what the officer concidered a "vehicle" lol is a horse a vehicle lmao
    Iknow of a case where a very very falling down drunk man was arrested and charged with DUI because he was riding his horse home from a bar. He won the case. When he was arrested, he did not have the reigns in his hands. He argued that he was not driving, the horse was driving the horse. He had the horse trained to walk home if it wasn't being controlled by the rider.



    :celebrate

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    jay75009 wrote:
    i know here in the state of Maine, you cannot OC in a car or truck, suv, camper or other motor vehicle or boatwithout a CCW permit.

    However.......can you ride a bicycle? can you rollerblade? can you ride a horse? how about a canoe or kayak?

    i know if you do any of these activites while intoxicated you will get a OUI charge.........so will you get a transporting a weapon charge for OC'ing while doing these things? i've been thinkin about this for a long time.

    anyone know? lol
    Operative words are "in or on a motor vehicle."

    Loaded firearms in motor vehicles:It is unlawful to have a loaded firearm or crossbow in or on a motor vehicle (including trailer, ATV, aircraft, snowmobile, or railway car). A loaded clip may be carried in a motor vehicle, but it must not be inserted in a firearm. Persons who hold a Maine concealed firearms permit may carry a loaded pistol or revolver in a motor vehicle.

    Since neither a bicycle, rollerblades, horse, canoe or kayak have a motor, you should be able to reach an intelligent conclusion. Further, if something is not excluded, it is legal.
    http://www.mainelegislature.org/legis/statutes/

    You should really read up on the Maine statutes.

    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 the state of maine applys all motor vehicle laws to bicycles. "Bicycles are vehicles and have all the rights and responsibilities of other vehicle drivers." page 61 Maine Motorist Handbook. just cuz it says "motor vehicle" doesnt mean it has to have a motor. its all in the statutes definitions page.

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    Deuce1911 wrote:
    well grape the state of maine applys all motor vehicle laws to bicycles. "Bicycles are vehicles and have all the rights and responsibilities of other vehicle drivers." page 61 Maine Motorist Handbook. just cuz it says "motor vehicle" doesnt mean it has to have a motor. its all in the statutes definitions page.
    That is wild and must be a first if vehicle = motor vehicle.

    Do you have a link or cite on it? Maine's statutes can be a bear to follow.

    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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    Decoligny wrote:
    jay75009 wrote:
    i guess it would really boil down to what the officer concidered a "vehicle" lol is a horse a vehicle lmao
    Iknow of a case where a very very falling down drunk man was arrested and charged with DUI because he was riding his horse home from a bar. He won the case. When he was arrested, he did not have the reigns in his hands. He argued that he was not driving, the horse was driving the horse. He had the horse trained to walk home if it wasn't being controlled by the rider.



    :celebrate
    Damg near all horses will find their way back to their home barn or padoc. I use to ride a horse to the local watering hole. ON the way back I would drop the reigns and let her go on auto pilot. One night I dozed off next thing I know she 's standing still, waiting for me to get off and open the gate so we could enter the yard.

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    just happend to find it in the book not long ago grape. thats how i remembered it was there. i hate bikes on roads but thats another issue for another forum. ill see if i can find it on the maine site and post the link.

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    http://www.mainelegislature.org/legi...-Asec2322.html

    only found the definition of a bicycle according to maine. ill keep looking tho.

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    The issue with a bicycle is true you can and will be charged with OUI on a bicycle. As for the term of OUI has nothing to do with ATV, snow machine because you drive all of those things. It is just the term, as in you are OPERATING a bicycle! I was a LEO injured OTJ and now disabled studying to be a Attorney. As for Fishing, huntingetc. the laws states as long as you are engaged in a lawful hunt you are allowed to carry a concealed firearm without a permit, once you are no longer engaged in that hunt (ie. put the pole away, unload yourrifle or shotgun then you are no longer engaging in a lawful hunt)you must carry that firearm in plain view, that means if you where to stand up(kayak) it would be plain to see withno shirts covering the firearm in any way.Yes you could very well run into a warden while kayaking, happens all the time. They cite people all the time for drinking. It doesnt have to have a motor to get a oui charge. It becomes a issue of safety.

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    I know of that case where "the horse was operating". The issue has never beenargued in a maine court to date, but I am sure there are a dozen attorneys that would love to argue that one!!

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    Hey be careful with the legal advise. If you do not know for a fact then say that, misinformation is worse then no information as one of my legal Prof likes to say. The state defines a vehicle as ANY MODE OF TRANSPORT. at the beginning's of every statue, the law books will define almost EVERY WORD that is used in that law. The term everyone may use for vehicle is not the same term the statues use for vehicle within a law. The same goes for most of the words we use everyday, they mean something different in the statues.

    The statue search engine is bad! We do not use it for legal research EVER! Not all criminal code are in the criminal codes(17A) they are peppered all through the31 volumes of Maine State Statues. There are criminal violations in the Judaical codes, there are criminal violations in the Motor Vehicle codes(29A) in the Professional codes(32) you get the point.

    As for transporting a firearm. Technically it must be rendered inoperable and in plain viewthe definition in the Maine statues for inoperable is action open andis there is no magazine or ammo in the immediate area of the firearm. So ammo or mags in the glove box or better in a ammo can in the bed if you have a reg. cab truck, as for a SUV "in plain view" on the back seat with the action lockedopen with the mags, ammo in the far back works just fine. Again having been a LEO I have ran into every every way you can think of as far as transporting is concerned and no LEO will give you a hard time for the above prescribed mode of transport.

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    nra_instructor wrote:
    Hey be careful with the legal advise. If you do not know for a fact then say that, misinformation is worse then no information as one of my legal Prof likes to say. The state defines a vehicle as ANY MODE OF TRANSPORT. at the beginning's of every statue, the law books will define almost EVERY WORD that is used in that law. The term everyone may use for vehicle is not the same term the statues use for vehicle within a law. The same goes for most of the words we use everyday, they mean something different in the statues.
    We do NOT give legal advice here - even those that are attorneys only give opinions. Including cite/reference to source material is extremely important and that for which OCDO is known.

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    The law is always in a state of flux and even lawyers and judges get it wrong from time to time. All advice posted on this board should be considered nothing more than hearsay. Even if a poster identifies themselves as an attorney, law enforcement official or expert in a given field, there is no way to verify that fact or that they are correct. Therefore, any and all advice you glean from this forum should be independently verified!
    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.

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