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Thread: Need examples of state laws which violate state constitution

  1. #1
    Regular Member ep0k's Avatar
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    Need examples of state laws which violate state constitution

    Working on a project. Could use examples of state laws which could be construed to violate article 1, section 16, Maine State Constitution.

    Not focusing on local municipal statutes at this time.

    Suggestions? Examples? Fire away!
    v/r
    Forrest Brown
    Webmaster, Maine Open Carry Association
    forrest@maineopencarry.org

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    http://www.mainelegislature.org/legi...25sec2003.html

    This would be the end all, be all of them honestly. And once this goes we can work on the no-carry zones. But I believe this is step one.

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    shanebelanger

    http://www.mainelegislature.org/legi...25sec2003.html

    This would be the end all, be all of them honestly. And once this goes we can work on the no-carry zones. But I believe this is step one.
    Problem with doing that is reciprocity agreements with 6 states and the 15 states that do recognize Maine Concealed Firearm Permits go out the window.
    Paul J. Mattson
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  4. #4
    Regular Member ep0k's Avatar
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    Quote Originally Posted by Maine CWP Training View Post
    Problem with doing that is reciprocity agreements with 6 states and the 15 states that do recognize Maine Concealed Firearm Permits go out the window.
    Alaska still issues CCW permits for reciprocity purposes. Maine can't do the same?
    v/r
    Forrest Brown
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    forrest@maineopencarry.org

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    Alaska Statute 18.65.748 states that a person holding a valid permit to carry a concealed handgun from another state or a political subdivision of another state is a permittee under AS 18.65.700 (b) for purposes of AS 18.65.750 - 18.65.765.
    I suppose individuals coming to Maine would work. Maine citizens going to other states would be the losers under that scenario.

    Many states already think Maine's firearm competency requirements are too lax however 6 states have entered into reciprocity agreements after reviewing our firearm competency requirements.

    Alaska also requires an approved handgun course for its citizens within 12 months preceding permit application. Maine allows course within 5 years preceding permit application
    Last edited by Maine CWP Training; 11-05-2010 at 04:57 AM.
    Paul J. Mattson
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    Maine CWP Training
    101 Main St.
    Harrison, ME 04040

    www.mainecwptraining.com

    (207) 583-4723
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    Regular Member ep0k's Avatar
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    Quote Originally Posted by Maine CWP Training View Post
    I suppose individuals coming to Maine would work. Maine citizens going to other states would be the losers under that scenario.

    Many states already think Maine's firearm competency requirements are too lax however 6 states have entered into reciprocity agreements after reviewing our firearm competency requirements.

    Alaska also requires an approved handgun course for its citizens within 12 months preceding permit application. Maine allows course within 5 years preceding permit application
    This is just hypothetical, but... If Maine were to go the constitutional carry route but also still continue to issue permits for reciprocity purposes, I don't think there's any reason the permitting standards couldn't be raised to the Utah or Florida level, which would allow for more reciprocity agreements.

    Ultimately this would provide the most options for Maine residents within and outside our borders. Those who want the permit would be valid in more states. Those who don't would still have their constitutional carry rights here in Maine.
    v/r
    Forrest Brown
    Webmaster, Maine Open Carry Association
    forrest@maineopencarry.org

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    Quote Originally Posted by Maine CWP Training View Post
    Problem with doing that is reciprocity agreements with 6 states and the 15 states that do recognize Maine Concealed Firearm Permits go out the window.
    Constitutional Carry is the point... it's what we have been fighting for all along. It is the holy grail of firearm rights. We simply need to go state by state until we have the entire country. Perhaps this is sugar coating everything, yet I have no purpose except the love of my rights and this country to push for such a thing. I have no ulterior motive except to further our rights and begin to take this country back TO THE PEOPLE.

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    Sorry Shane~ I was under the assumption you wanted this abolished.

    shanebelanger

    http://www.mainelegislature.org/legi...25sec2003.html

    This would be the end all, be all of them honestly. And once this goes we can work on the no-carry zones. But I believe this is step one.
    Paul J. Mattson
    NRA Certified Instructor / RSO
    #63731855
    Maine CWP Training
    101 Main St.
    Harrison, ME 04040

    www.mainecwptraining.com

    (207) 583-4723
    CELL 232-7063

  9. #9
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    Title 12 Sec 11212 Part B should be repealed

    Title 15 Sec 292 should be repealed

    Title 25 Sec 2001-A Part 1B should be repealed

    Title 12 Sec 756 should be repealed

    Title 17-A Sec 1051 should be repealed

    Title 17-A Sec 1055 should be repealed

    Title 17-A Sec 1056 should be repealed

    Title 17-A Sec 1057 should be repealed

    Title 17-A Sec 1058 should be repealed

    As far as Title 25 Sec 2003 is concerned, I would keep that in place... The removal of Title 25 Sec 2001-A Part 1B would make the permit unnecessary in Maine, but leaving the permit process in place would allow for reciprocity.

    I would also like to see Title 25 Sec 2001-A include another exception that allows for threatening display when reasonably necessary for self defense.

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    Quote Originally Posted by Maine CWP Training View Post
    Sorry Shane~ I was under the assumption you wanted this abolished.
    Obviously it should be abolished, on a national level. We are being taxed for a right granted to us by the Constitution of the United States of America...

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    Quote Originally Posted by shanebelanger View Post
    Obviously it should be abolished, on a national level. We are being taxed for a right granted to us by the Constitution of the United States of America...
    Shane, lol, repealing the permitting law wouldn't decriminalize carrying. It's the Title 25 Sec 2001-A that makes carrying a crime. That's the law that needs to be repealed. That would make the Maine Permit not necessary in order to carry. Having the permit system in place doesn't infringe on rights if the permit is optional. You can carry with, or without the permit. That's what Arizona and Alaska have in place...

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    Legislators are already working on Augusta sanctions ~State Parks ~ Open Carry ~ Reciprocity ~ Portland Initiative will fry...
    Paul J. Mattson
    NRA Certified Instructor / RSO
    #63731855
    Maine CWP Training
    101 Main St.
    Harrison, ME 04040

    www.mainecwptraining.com

    (207) 583-4723
    CELL 232-7063

  13. #13
    Moderator / Administrator Grapeshot's Avatar
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    Going to be a good year.

    Keep rockin' the boat and smoothing the waters - yep you can do both.

    You guys have really gotten your act together and in short order too, I might add.
    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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    I found another law that needs repealing... Title 12 Sec 12707. Parts 4 and 5 should be repealed. They make it illegal to carry a firearm on the roads bounding certain Wildlife sanctuaries. I have no problem banning hunting in such a sanctuary, but carrying firearms for defensive purposes should be allowed.

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    Quote Originally Posted by boyscout399 View Post
    Shane, lol, repealing the permitting law wouldn't decriminalize carrying. It's the Title 25 Sec 2001-A that makes carrying a crime. That's the law that needs to be repealed. That would make the Maine Permit not necessary in order to carry. Having the permit system in place doesn't infringe on rights if the permit is optional. You can carry with, or without the permit. That's what Arizona and Alaska have in place...
    You know what I meant... Constitutional Carry stated it pretty clearly.

  16. #16
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    Quote Originally Posted by shanebelanger View Post
    You know what I meant... Constitutional Carry stated it pretty clearly.
    I know where you were trying to go, I was just explaining how we get there.

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