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
