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Thread: My submission to State Legislators

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    My submission to State Legislators

    Here's what I'm planning on submitting to Senator Courtney

    He has requested me to put together a list of law changes that MOCA would like to see accomplished. Any comments before I submit it to him?
    Last edited by boyscout399; 11-18-2010 at 05:20 PM.

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    Regular Member ep0k's Avatar
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    Quote Originally Posted by boyscout399 View Post
    Here's what I'm planning on submitting to Senator Courtney

    He has requested me to put together a list of law changes that MOCA would like to see accomplished. Any comments before I submit it to him?
    Been a hell of a day, man. I worked 12 hours and Shane is down with the sickness. Haven't had a chance to give everything you put together a full review but promise to do so soon.

    Broadly speaking we want Article 1, Section 16 and all applicable federal laws to be the only Maine law concerning the acquisition, possession, and carry of firearms. Obviously the USE of firearms still requires laws (noise ordinances, brandishing, discharge within city limits, lethal / non-lethal force, etc). I know we have castle doctrine, would like to see that extend beyond my walls and out to the edge of my property.

    If I had to choose three, these would be the ones:

    There is a legal exception for state universities which allows them to prohibit weapons on campus and in university living areas. My tax money funds these schools, the campus is public property and I've seen them bend over backwards to protect the 1st Amendment so I see no reason they should be allowed to piss on the 2nd. I don't want to OC in class but I don't like walking a half mile with a cane because I had to park off campus and leave my gun "secure" in my unattended vehicle.

    The gun-free zone in and around the capitol which includes buildings owned or leased by the federal government. Probably wouldn't find traction for repealing the local security policies INSIDE these buildings, but again, those streets are public property. 2A / 1-16 should overrule anything else.

    Currently in Maine you can be denied a CFP if the background check reveals a history of psychiatric disorders (specifically, declared incompetent by a judge or were at some point involuntarily confined to a psychiatric institution, in addition to other chronic conditions such as schizophrenia). I currently know of no appeals process for this but I am aware of at least one abuse of the latter which is preventing a woman from getting her CFP. Mental illness is a serious issue and I think this is generally a good protection for the same reason we don't allow felons to purchase or own guns, but the 72-hour involuntary confinement a physician can impose without court order will prevent CFP issuance, terminate sale of a firearm, and criminalize any such individual who already owns one. I would like to see a process whereby individuals who were confined, not by court order, for transient conditions could obtain a clean psychiatric bill of health from a medical provider and appeal the decision to their local police chief, state police, or the attorney general. We can't punish people forever for finding themselves in a bad situation and SEEKING HELP.

    On the last one I'd appreciate corrections if I'm off the mark, or more information if someone knows of an existing process.
    Last edited by ep0k; 11-18-2010 at 11:24 PM. Reason: formatting
    v/r
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    Quote Originally Posted by ep0k View Post
    Been a hell of a day, man. I worked 12 hours and Shane is down with the sickness. Haven't had a chance to give everything you put together a full review but promise to do so soon.

    Broadly speaking we want Article 1, Section 16 and all applicable federal laws to be the only Maine law concerning the acquisition, possession, and carry of firearms. Obviously the USE of firearms still requires laws (noise ordinances, brandishing, discharge within city limits, lethal / non-lethal force, etc). I know we have castle doctrine, would like to see that extend beyond my walls and out to the edge of my property.

    If I had to choose three, these would be the ones:

    There is a legal exception for state universities which allows them to prohibit weapons on campus and in university living areas. My tax money funds these schools, the campus is public property and I've seen them bend over backwards to protect the 1st Amendment so I see no reason they should be allowed to piss on the 2nd. I don't want to OC in class but I don't like walking a half mile with a cane because I had to park off campus and leave my gun "secure" in my unattended vehicle.

    The gun-free zone in and around the capitol which includes buildings owned or leased by the federal government. Probably wouldn't find traction for repealing the local security policies INSIDE these buildings, but again, those streets are public property. 2A / 1-16 should overrule anything else.

    Currently in Maine you can be denied a CFP if the background check reveals a history of psychiatric disorders (specifically, declared incompetent by a judge or were at some point involuntarily confined to a psychiatric institution, in addition to other chronic conditions such as schizophrenia). I currently know of no appeals process for this but I am aware of at least one abuse of the latter which is preventing a woman from getting her CFP. Mental illness is a serious issue and I think this is generally a good protection for the same reason we don't allow felons to purchase or own guns, but the 72-hour involuntary confinement a physician can impose without court order will prevent CFP issuance, terminate sale of a firearm, and criminalize any such individual who already owns one. I would like to see a process whereby individuals who were confined, not by court order, for transient conditions could obtain a clean psychiatric bill of health from a medical provider and appeal the decision to their local police chief, state police, or the attorney general. We can't punish people forever for finding themselves in a bad situation and SEEKING HELP.

    On the last one I'd appreciate corrections if I'm off the mark, or more information if someone knows of an existing process.
    I'll address your issues one at a time. The guns in schools law I changed to remove all prohibitions about possession, and retained all prohibitions against discharge. I think this is appropriate. Federal laws would still apply obviously as it is outside the scope of this push. My Changes Here

    As far as the GFZ around the capitol complex. As this is a rule, not a law, I tackled this by altering the state's preemption statute. I added "state agencies" to the groups prohibited to make rules or laws concerning firearms. This should solve Capitol Complex, State Parks Service rules, and DHHS child daycare rules. My Changes Here

    I did not address the last issue because the statute basically follows federal law exactly. Federal law prohibits anyone with a mental health history from obtaining or possessing a firearm. Not really anything I can do about that at this time.

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    Quote Originally Posted by boyscout399 View Post
    I'll address your issues one at a time. The guns in schools law I changed to remove all prohibitions about possession, and retained all prohibitions against discharge. I think this is appropriate. Federal laws would still apply obviously as it is outside the scope of this push. My Changes Here

    As far as the GFZ around the capitol complex. As this is a rule, not a law, I tackled this by altering the state's preemption statute. I added "state agencies" to the groups prohibited to make rules or laws concerning firearms. This should solve Capitol Complex, State Parks Service rules, and DHHS child daycare rules. My Changes Here

    I did not address the last issue because the statute basically follows federal law exactly. Federal law prohibits anyone with a mental health history from obtaining or possessing a firearm. Not really anything I can do about that at this time.
    I'm really impressed by all this. I'll take a look at everything you sent me tomorrow. Seems like you've really covered all the bases on this one.

    If you need one to present as a priority I say go with the gun-free campus exemption, but that's my personal opinion, not MOCA.
    v/r
    Forrest Brown
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    Quote Originally Posted by ep0k View Post
    I'm really impressed by all this. I'll take a look at everything you sent me tomorrow. Seems like you've really covered all the bases on this one.

    If you need one to present as a priority I say go with the gun-free campus exemption, but that's my personal opinion, not MOCA.
    Knowledge of law is my specialty

    As far as priority, My personal priority is Car carry and Permitless carry. I think these two impact the greatest number of people and are statewide. My second priority is the small changes like definitions and such because I believe clarity of laws is important.

    School carry is very important to me, I just don't know how well it will be seen in Augusta. That is one of the topics I intend to discuss at great length when I meet with Mr. Courtney.
    Last edited by boyscout399; 11-19-2010 at 01:09 AM.

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    Regular Member ep0k's Avatar
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    Quote Originally Posted by boyscout399 View Post
    Knowledge of law is my specialty

    As far as priority, My personal priority is Car carry and Permitless carry. I think these two impact the greatest number of people and are statewide. My second priority is the small changes like definitions and such because I believe clarity of laws is important.

    School carry is very important to me, I just don't know how well it will be seen in Augusta. That is one of the topics I intend to discuss at great length when I meet with Mr. Courtney.
    There will be resistance trying to do away with the CFP process unless a compromise is reached where permits are available (for reciprocity) but not required. I would love to see Maine allow permitless carry and simultaneously raise the standard on the (optional) permit so it was accepted in more states. That should make everyone happy.
    v/r
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    Quote Originally Posted by ep0k View Post
    There will be resistance trying to do away with the CFP process unless a compromise is reached where permits are available (for reciprocity) but not required. I would love to see Maine allow permitless carry and simultaneously raise the standard on the (optional) permit so it was accepted in more states. That should make everyone happy.
    My solutions accomplish this. I left all the permitting laws in place, just removed the prohibition on carrying concealed from Title 25 Sec 2001-A

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    Stuff I noticed

    Title 17-A Section 1057 Subsection 1-2

    I would also support doing away with the "in a licensed establishment" clause but we also need an exemption for the person's home, residence, or lodging... unless that's already covered by other statute. I've always got a loaded gun somewhere in the house that I could be said to be "in possession of" even if I'm passed out drunk five rooms away.

    Title 17-A Section 1051

    We already have the Firearm Owners Protection Act of 1986 which regulates and controls the limited number of pre-ban machine guns legally available in the United States, and numerous federal laws which deal with the illegal sale, use, transfer, and posession of unregistered or post-ban machine guns. I would say this whole law is redundant on those grounds, and not bother with the "common use" argument. The military also issues every standard light infantry squad an M249 and two M240b for heavy weapons squad, both belt-fed machine guns. Unlikely to gain traction on the notion that weapons designed for and issued to the military meet the "common use" definition, but may be worth a shot...

    Title 20-A Section 6552

    I always understood this to apply only to K-12 but reading it, I don't see anything that specifically limits it to primary and secondary schools (unless its in the definitions elsewhere). I agree it should be repealed. A law like this would have made Joel Myrick a criminal instead of a hero.

    I would like to add:

    Title 20-A Part 5 Section 10009

    http://www.mainelegislature.org/legi...Asec10009.html

    Specifically:

    2. Power to regulate. Nothing in Title 25, section 2011 limits the power of any college or university to regulate the possession of firearms on the property of the college or university.

    On the same grounds as most of your other edits, this violates Article 1, Section 16, very clearly. I would rephrase it so that private colleges and universities maintain the right to prohibit guns, but public universities are public property and have no such privilege.

    Great work overall, Norm. Even a very friendly legislature might balk at repealing the machine gun, school zone, and armor piercing ammunition statutes but I think we will see progress on a lot of these.
    v/r
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    Quote Originally Posted by boyscout399 View Post
    Here's what I'm planning on submitting to Senator Courtney

    He has requested me to put together a list of law changes that MOCA would like to see accomplished. Any comments before I submit it to him?
    Would you be willing to add knife preemption and a repeal of the switchblade ban?

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    Quote Originally Posted by Jared View Post
    Would you be willing to add knife preemption and a repeal of the switchblade ban?
    It's outside our scope as an organization.

    Personally I would back it. Norm?
    Last edited by ep0k; 11-21-2010 at 12:57 AM.
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    Quote Originally Posted by Jared View Post
    Would you be willing to add knife preemption and a repeal of the switchblade ban?
    I didn't go into preemption with knives, but I did remove teh dangerous knives ban.

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    People coming to Maine to visit, vacation, etc. that are from Free States that allow cc with out a permit.
    Maine should recognize those rights.
    Life is tough, its tougher when your stupid.

    http://www.itsnotthelaw.com

    Feds: U.C.C. 1-308, State: U.C.C. 1-207, Both: U.C.C. 1-103.6

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    Quote Originally Posted by Butch00 View Post
    People coming to Maine to visit, vacation, etc. that are from Free States that allow cc with out a permit.
    Maine should recognize those rights.
    That's one of the reasons why I'm doing this

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    Quote Originally Posted by boyscout399 View Post
    I didn't go into preemption with knives, but I did remove teh dangerous knives ban.
    I have now altered my link to Title 25 Sec 2011 to add "weapons" to the list covered by preemption. Reason: Assuring the right to bear all types of arms as granted by the Maine State Constitution.

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