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Thread: OC only if unloaded?

  1. #1
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    I have a questionI was reading the law in regards to OC in Maine

    "Maine is a traditional open carry state. It is perfectly legal and acceptable to carry a firearm openly. However, you may only carry a loaded handgun in a vehicle, openly or concealed, if you have a Maine permit."

    By the way this sounds if I dont have a concealed carry permit then I cant OC with a loaded weapon does this meanI cant have a loaded mag with me? In my opinion this kind of takes the whole purpose out of me OC'ingif the weapon isint loaded and readyI could just carry a brick ready to through at thetargetedperson. Anybody who might have more insight about this please let me know thank you.



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    Open Carry on foot is Legal in The State of Maine.

    However, in order to Openly Carry or Conceal Carry any Firearm within a Vehicle you have to have a Permit.



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    Regular Member pro2A's Avatar
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    I travel to Maine every summer. My understanding is you may only have a handgun in your car only if you possess a Maine CCL period. Basically OC is ok on foot w/o a permit, CC on foot requires a CCL, and any handgun in your car unloaded, loaded, OC or CC requires a Maine CCL.

    It doesn't matter if you have a permit or not, you can OC loaded on foot. That is a bunch of hogwash the anti's will lead you to believe about having a CCL. A CCL means you CAN conceal. It doesn't mean you MUST conceal.

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    it is perfectly legal to have a handgun unlocked out of a case in your vehicle in maine. just make sure it is unloaded. The state of maine recognizes "loaded" as a round in the chamber or loaded mag in the mag-well. And make sure the gun is in plain view and the ammo or mag is seperate from the gun. not like in the back seat or locked in the trunk just not in the mag well and your golden! the second the gun is not in plain view it becomes considered concealed. easiest place to check this is on the Right2Bear app. great app on my iphone! like the only one i use everyday!

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    Wait....

    I can't have an unloaded firearm concealed in my vehicle?

    I'm not sure that's correct...

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    aadvark wrote:
    Open Carry on foot is Legal in The State of Maine.

    However, in order to Openly Carry or Conceal Carry any Firearm within a Vehicle you have to have a Permit.
    Not questioning you, but a cite w/link would benefit everybody here.

    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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    Grapeshot wrote:
    aadvark wrote:
    Open Carry on foot is Legal in The State of Maine.

    However, in order to Openly Carry or Conceal Carry any Firearm within a Vehicle you have to have a Permit.
    Not questioning you, but a cite w/link would benefit everybody here.

    ***** Yata hey
    Threatening display or Carrying a Concealed weapon
    http://www.mainelegislature.org/legi...sec2001-A.html

    Motor Vehicles and Motorboats
    http://www.mainelegislature.org/legi...2sec11212.html

    These are the two applicable statutes. A Visible Unloaded weapon in a vehicle violates neither of these statutes. A loaded weapon outside the vehicle violates neither of these statutes, and a concealed weapon either in or out of a vehicle loaded or unloaded in either location DOES violate the first statute unless you have a permit.

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    Moderator / Administrator Grapeshot's Avatar
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    boyscout399 wrote:
    Grapeshot wrote:
    aadvark wrote:
    Open Carry on foot is Legal in The State of Maine.

    However, in order to Openly Carry or Conceal Carry any Firearm within a Vehicle you have to have a Permit.
    Not questioning you, but a cite w/link would benefit everybody here.

    Yata hey
    Threatening display or Carrying a Concealed weapon
    http://www.mainelegislature.org/legi...sec2001-A.html

    Motor Vehicles and Motorboats
    http://www.mainelegislature.org/legi...2sec11212.html

    These are the two applicable statutes. A Visible Unloaded weapon in a vehicle violates neither of these statutes. A loaded weapon outside the vehicle violates neither of these statutes, and a concealed weapon either in or out of a vehicle loaded or unloaded in either location DOES violate the first statute unless you have a permit.
    Thank you - this was intended as a benefit to those that don't understand the different applications. That is why citing is so important and part of what we do here.

    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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    Deuce1911 wrote:
    it is perfectly legal to have a handgun unlocked out of a case in your vehicle in maine.* just make sure it is unloaded.* The state of maine recognizes "loaded" as a round in the chamber or loaded mag in the mag-well.* And make sure the gun is in plain view and the ammo or mag is seperate from the gun.* not like in the back seat or locked in the trunk just not in the mag well and your golden!* the second the gun is not in plain view it becomes considered concealed.* easiest place to check this is on the Right2Bear app.* great app on my iphone!* like the only one i use everyday!


    very true. however this must be done with caution and i reccomend informing the officer IMMIDIATELY . i've been put face first into cement by a kennebunk officer for having an unloaded pellet pistol in my back seat haha most LEO's see a gun and act. so best bet is before you even say hi say "my firearm on the seat is not loaded"........goes over more smoothly ;-) but deuce is right on the mark

  10. #10
    Moderator / Administrator Grapeshot's Avatar
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    jay75009 wrote:
    Deuce1911 wrote:
    it is perfectly legal to have a handgun unlocked out of a case in your vehicle in maine. just make sure it is unloaded. The state of maine recognizes "loaded" as a round in the chamber or loaded mag in the mag-well. And make sure the gun is in plain view and the ammo or mag is seperate from the gun. not like in the back seat or locked in the trunk just not in the mag well and your golden! the second the gun is not in plain view it becomes considered concealed. easiest place to check this is on the Right2Bear app. great app on my iphone! like the only one i use everyday!
    very true. however this must be done with caution and i reccomend informing the officer IMMIDIATELY . i've been put face first into cement by a kennebunk officer for having an unloaded pellet pistol in my back seat haha most LEO's see a gun and act. so best bet is before you even say hi say "my firearm on the seat is not loaded"........goes over more smoothly ;-) but deuce is right on the mark
    Maine is not a must notify state. Doing so unnecessarily can create a problem where none existed.

    You claim more haha events than the average bear and never a cite, link or documentation - have you something concrete on this one?

    You've been gone so long, thought you were looking for your BATFE papers - you know the ones they served you when they checked all of your class II/III guns in your three gun safes.

    BTW - most LEOs are good responsible officers as witness the recent OC picnic in Portland.
    http://opencarry.mywowbb.com/forum27/42987.html
    http://opencarry.mywowbb.com/forum27/43086.html
    http://opencarry.mywowbb.com/forum27/43042.html

    [line]Sorry you apparently missed the picnic - you could have learned a lot about how to direct your energies to a positive outcome and how to exercise due control.

    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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    so your saying..............if stopped by an officer. with a HANDGUN on the seat. you should not mention it? yes maine is a no-notify state i know this......but i think it would be common sense. as i said most officers are so high strung about getting shot they act before they think.

    your actually saying to just let the officer see it, assume its loaded , that you are a threat, that he has a chance of being shot by you and let him react to that?

    good way to get dead. have we forgotten the man shot for holding his wallet? or the man shot in LA for holding a pear? knowledge is power. in this situation i would like the officer to have the knowledge so he doesnt use the power.

    and fyi. i've been gone because i lost internet service because i got laid off. but i have it back now.

  12. #12
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    jay75009 wrote:
    so your saying..............if stopped by an officer. with a HANDGUN on the seat. you should not mention it? yes maine is a no-notify state i know this......but i think it would be common sense. as i said most officers are so high strung about getting shot they act before they think.

    your actually saying to just let the officer see it, assume its loaded , that you are a threat, that he has a chance of being shot by you and let him react to that?

    good way to get dead. have we forgotten the man shot for holding his wallet? or the man shot in LA for holding a pear? knowledge is power. in this situation i would like the officer to have the knowledge so he doesnt use the power.

    and fyi. i've been gone because i lost internet service because i got laid off. but i have it back now.
    I do not think that most officers are so high strung that they act before they think - in fact I believe most think quite sensibly on their feet.

    I never presume to assume anything. If he asks, I would inform him it was not loaded. What you do is your option.

    Inciting and radical examples are hardly fitting - such can happen anywhere. You're the one that claimed to be put face down for having an empty BB pistol. That could happen whether you advised him or not.

    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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