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Thread: What am I required to say to police officers when open carrying in Maine?

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    Question What am I required to say to police officers when open carrying in Maine?

    If I open carry in a place like Walmart or Hanafords I fully expect that some "busy body" is going to call the police. I am trying to ascertain what I am required to say when a police officer shows up.

    1. Am I required to give my name or any form of ID if I am not driving?
    2. Am I required to speak to the officer? If not my only response to the officer would be ... "Am I free to go"?
    3. Am I required to relinquish my firearm to the officer should he ask for it?

    Thank you.

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    Regular Member crdonov's Avatar
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    Quote Originally Posted by MaineOCDad View Post
    If I open carry in a place like Walmart or Hanafords I fully expect that some "busy body" is going to call the police. I am trying to ascertain what I am required to say when a police officer shows up.

    1. Am I required to give my name or any form of ID if I am not driving?
    2. Am I required to speak to the officer? If not my only response to the officer would be ... "Am I free to go"?
    3. Am I required to relinquish my firearm to the officer should he ask for it?

    Thank you.
    well if you havnt done anything, you dont have to do any of the three. ask them if your being detained. if you go to www.maineopencarry.org and go to video you can listen to what happened to norman when he was stopped for open carring. hope this helps!

    xd-over
    Last edited by crdonov; 09-23-2010 at 05:28 PM.

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    Quote Originally Posted by crdonov View Post
    well if you havnt done anything, you dont have to do any of the three. ask them if your being detained. if you go to www.maineopencarry.com and go to video you can listen to what happened to norman when he was stopped for open carring. hope this helps!

    xd-over
    http://maineopencarry.org not .com

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    Quote Originally Posted by MaineOCDad View Post
    If I open carry in a place like Walmart or Hanafords I fully expect that some "busy body" is going to call the police. I am trying to ascertain what I am required to say when a police officer shows up.

    1. Am I required to give my name or any form of ID if I am not driving?
    2. Am I required to speak to the officer? If not my only response to the officer would be ... "Am I free to go"?
    3. Am I required to relinquish my firearm to the officer should he ask for it?

    Thank you.
    You are not required to say anything. If an officer issues you a lawful COMMAND, you must follow it. If the command is unlawful, or if it is formed as a request, not a command, you don't need to follow it.

    I suggest asking "Under suspicion of what crime am I being detained?"

    If they cannot provide you with a crime they suspect you of. Tell them you're leaving and walk away. If they tell you they are investigating you for X crime, ask "What constitutes your reasonable suspicion?"

    If they cannot answer that, tell them you are leaving and walk away. If they say it's because you have a gun, ask them "Is that the only thing that constitutes your reasonable suspicion?"

    If yes, tell them that OC is legal in Maine and you are leaving, then leave. If they give you other facts such as time of day, etc. Then tell them you want a lawyer present for any questioning, and don't say anything farther other than periodically asking if you're free to go. Any questions they ask you are looking for incriminating evidence to be used against you. Don't answer any of them.

    If the officer wishes to disarm you. Tell him you do not consent to any searches or seizures, but you will not resist. Most importantly, do not resist, even if the seizure is unlawful, it can be argued later by your lawyer in your lawsuit, but if you resist on the street you risk getting yourself shot.

    Hope this helped, and good luck!

    -Norman

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    Regular Member crdonov's Avatar
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    Quote Originally Posted by boyscout399 View Post
    had a brain fart!!!!!!!!!!!!!

    xd-over

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    What an awesome demonstration!

    I am listening to the audio that you gave a link to and I am so impressed with how this individual handled himself. Not only did he have the foresight to record the audio, but he also had copies of the law with him. He never lost his cool. But never gave in to their bullying tactics. Now that is strength! I am very impressed!

    These cops should be fired. They violated his rights over and over again. He kept asking if he was free to go and they refused to let him go. They knew they had no legal standing yet they kept harassing him. Don't they send these people to an Academy?

    Thanks for the link. Now I know I need not say anything to them. I will definitely plan to carry my audio recorder at all times.

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    Quote Originally Posted by MaineOCDad View Post
    I am listening to the audio that you gave a link to and I am so impressed with how this individual handled himself. Not only did he have the foresight to record the audio, but he also had copies of the law with him. He never lost his cool. But never gave in to their bullying tactics. Now that is strength! I am very impressed!

    These cops should be fired. They violated his rights over and over again. He kept asking if he was free to go and they refused to let him go. They knew they had no legal standing yet they kept harassing him. Don't they send these people to an Academy?

    Thanks for the link. Now I know I need not say anything to them. I will definitely plan to carry my audio recorder at all times.
    thank you. It was not my first time being detained. The first time I did not handle myself as well and I was much more nervous. The more I get stopped the more confident I get that I'm not doing anything wrong.

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    Regular Member crdonov's Avatar
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    Quote Originally Posted by MaineOCDad View Post
    I am listening to the audio that you gave a link to and I am so impressed with how this individual handled himself. Not only did he have the foresight to record the audio, but he also had copies of the law with him. He never lost his cool. But never gave in to their bullying tactics. Now that is strength! I am very impressed!

    These cops should be fired. They violated his rights over and over again. He kept asking if he was free to go and they refused to let him go. They knew they had no legal standing yet they kept harassing him. Don't they send these people to an Academy?

    Thanks for the link. Now I know I need not say anything to them. I will definitely plan to carry my audio recorder at all times.

    happy open carrying!! just remember you may be asked to leave certain stores. just comply,and you shouldnt have a problem.

    xd-over

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    Quote Originally Posted by crdonov View Post
    happy open carrying!! just remember you may be asked to leave certain stores. just comply,and you shouldnt have a problem.

    xd-over

    God advice. If I do get asked to leave a store should I ask for a manager to make sure it's not just some anti-gun employee acting on their own, or should I just leave? I have looked and my local Walmat does not have anything posted against carrying a weapon.

    Also, since I don't yet have a CCW permit (being processed by the local PD), what is the best way to carry my weapon in the car. In Vermont (where I am from) we never had to worry about it. Do I just remove the clip and keep the gun in it's holster?

    Thanks again for all the advice.

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    Quote Originally Posted by boyscout399 View Post
    thank you. It was not my first time being detained. The first time I did not handle myself as well and I was much more nervous. The more I get stopped the more confident I get that I'm not doing anything wrong.
    Again ... what a great example. Thank you for posting that to YouTube. It give others, like me, an example to go by and also gives us an idea of what to expect from police.

    It is a real shame that officers acted like they did with you. I am going to have my children listen the the recording so they can hear an example of how the police violate the very laws they are sworn to uphold. The same way I point out the police cruisers speeding down the highway while we travel the speed limit. I encourage you to follow through with your letter to the Chief of Police and demand an answer and that the "officers" be fired or at least brought up on disciplinary charges.

    Has anyone run in to actual cops who agree with the open carry laws? My goodness they have the right to carry weapons in all 50 states (see LEOPA) at any time per federal law, for there own protection, yet we do not.

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    Regular Member crdonov's Avatar
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    Quote Originally Posted by MaineOCDad View Post
    God advice. If I do get asked to leave a store should I ask for a manager to make sure it's not just some anti-gun employee acting on their own, or should I just leave? I have looked and my local Walmat does not have anything posted against carrying a weapon.

    Also, since I don't yet have a CCW permit (being processed by the local PD), what is the best way to carry my weapon in the car. In Vermont (where I am from) we never had to worry about it. Do I just remove the clip and keep the gun in it's holster?

    Thanks again for all the advice.
    well without a concealed weapons permit i would keep out of reach, and onloaded. hope this helps!

    xd-over

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    Quote Originally Posted by MaineOCDad View Post
    God advice. If I do get asked to leave a store should I ask for a manager to make sure it's not just some anti-gun employee acting on their own, or should I just leave? I have looked and my local Walmat does not have anything posted against carrying a weapon.

    Also, since I don't yet have a CCW permit (being processed by the local PD), what is the best way to carry my weapon in the car. In Vermont (where I am from) we never had to worry about it. Do I just remove the clip and keep the gun in it's holster?

    Thanks again for all the advice.
    I would ask if they are the manager. If yes, leave, if no, ask for manager. After you leave, if it's a corporate store, give the corporate number a call and ask if this is their company policy or just a rogue manager acting on their own.

    Remove mag, unchamber round, and in the holster is perfectly legal. Just make sure the firearm is not concealed fully by seatbelt or anything... I used to do exactly that...

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    Quote Originally Posted by MaineOCDad View Post
    Again ... what a great example. Thank you for posting that to YouTube. It give others, like me, an example to go by and also gives us an idea of what to expect from police.

    It is a real shame that officers acted like they did with you. I am going to have my children listen the the recording so they can hear an example of how the police violate the very laws they are sworn to uphold. The same way I point out the police cruisers speeding down the highway while we travel the speed limit. I encourage you to follow through with your letter to the Chief of Police and demand an answer and that the "officers" be fired or at least brought up on disciplinary charges.

    Has anyone run in to actual cops who agree with the open carry laws? My goodness they have the right to carry weapons in all 50 states (see LEOPA) at any time per federal law, for there own protection, yet we do not.
    I made my peace with the dept. The whole department got retraining and I got an apology.

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    Quote Originally Posted by boyscout399 View Post
    I made my peace with the dept. The whole department got retraining and I got an apology.
    well done!

    xd-over

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    What is the Maine statute that you referenced?

    boyscout399,

    You mentioned certain statutes while you were be harassed by the police. Was it 17a or 15a? Any suggestions on what copies of the law one should carry? It was eye opening how they did not tell you what you were required to say. They just didn't answer the question. Thanks.

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    Quote Originally Posted by MaineOCDad View Post
    boyscout399,

    You mentioned certain statutes while you were be harassed by the police. Was it 17a or 15a? Any suggestions on what copies of the law one should carry? It was eye opening how they did not tell you what you were required to say. They just didn't answer the question. Thanks.
    Title 17-A Section 15-A

    Basically they were looking for a statute that says I must identify myself to them. This statute is the closest that exists. It says that I must provide name and date of birth, but only if "a law enforcement officer has probable cause to believe [the person] has committed or is committing a crime other than one listed under section 15, subsection 1, paragraph A, and to whom a law enforcement officer is authorized to deliver a summons pursuant to subsection 1"

    Since they could provide no probable cause of a violation, and they were not authorized to deliver me a summons, I refused identification.

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