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Thread: Question about open carry in maine?

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    I have not OC yet and would like to but have a few questions about the Laws in Maine. Is it legal to open carry with a IWB holster if you tuck your shirt in so the shirt is behind the gun and the grip is visible? I have a IWB holster for CC But I do not have my concealed carry permit yet I filled out all the paper work for my permit and should be hearing from the PD anytime it's been almost a month now. But would like to OC until I get the permit. And even when I get my permit to carry I would still like to OC on certain occasions. And I also have another question. Since it is illegal to openly carry in Cars without a permit if you want to OC is it legal when you get out of your car to put the magazine back in the firearm or how would you go about it? because I thought I read somewhere online that said once a weapon is holstered if you touch the weapon it might be considered brandishing in some states. I looked on some sites on the net but allot of them really did not go into detail about the laws in Maine.


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    mack91 wrote:
    I have not OC yet and would like to but have a few questions about the Laws in Maine. Is it legal to open carry with a IWB holster if you tuck your shirt in so the shirt is behind the gun and the grip is visible? I have a IWB holster for CC But I do not have my concealed carry permit yet I filled out all the paper work for my permit and should be hearing from the PD anytime it's been almost a month now. But would like to OC until I get the permit. And even when I get my permit to carry I would still like to OC on certain occasions. And I also have another question. Since it is illegal to openly carry in Cars without a permit if you want to OC is it legal when you get out of your car to put the magazine back in the firearm or how would you go about it? because I thought I read somewhere online that said once a weapon is holstered if you touch the weapon it might be considered brandishing in some states. I looked on some sites on the net but allot of them really did not go into detail about the laws in Maine.
    25 M.R.S.A. § 2001-A. Threatening display of or carrying concealed weapon
    1. Display or carrying prohibited. A person may not, unless excepted by a
    provision of law:

    A. Display in a threatening manner a firearm, slungshot, knuckles, bowie knife,
    dirk, stiletto or other dangerous or deadly weapon usually employed in the attack on
    or defense of a person; or

    B. Wear under the person's clothes or conceal about the person's person a
    firearm, slungshot, knuckles, bowie knife, dirk, stiletto or other dangerous or deadly
    weapon usually employed in the attack on or defense of a person.
    [line]
    1) An IWB holster is really no different the a OWB holster insofar as how much of the gun is visible - the holster or pants cover the same amount of the gun. I find nothing in the statutes that restricts IWM carry provided that the gun is easily recognizable for what it is.

    2) Without a permit you may not have a loaded magazine inserted nor a round in the chamber or loaded cylinders while in a vehicle.

    3) While touching a holstered handgun is to be avoided it is not in and of itself brandishing. I discretely check mine with my elbow, never my hand, when in public.

    If in a potential "situation" and you were to put your hand on your handgun, uncover it if CCing, or even point at it so as to deliver a message, that could and likely would be considered brandishing.

    http://www.maine.gov/dps/msp/license...s_permits.html

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  3. #3
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    mack91 wrote:
    I have not OC yet and would like to but have a few questions about the Laws in Maine. Is it legal to open carry with a IWB holster if you tuck your shirt in so the shirt is behind the gun and the grip is visible? I have a IWB holster for CC But I do not have my concealed carry permit yet I filled out all the paper work for my permit and should be hearing from the PD anytime it's been almost a month now. But would like to OC until I get the permit. And even when I get my permit to carry I would still like to OC on certain occasions. And I also have another question. Since it is illegal to openly carry in Cars without a permit if you want to OC is it legal when you get out of your car to put the magazine back in the firearm or how would you go about it? because I thought I read somewhere online that said once a weapon is holstered if you touch the weapon it might be considered brandishing in some states. I looked on some sites on the net but allot of them really did not go into detail about the laws in Maine.
    How the PD wants you to deal with OC in a vehicle is having the firearm unloaded and clearly visible than when you get our of the vehicle (not touching it at all) you discreetly load it and holster. You should try to draw as little attention as possible but you won't be cited for brandishing. Honestly we need to work on getting this law changed because really because of this law only those with CCW licenses can truly carry without going completely out of their way. Perhaps we will see you at the OC trash pickup this saturday?

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