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Thread: Can a city or town prevent me from openly carrying a firearm?

  1. #1
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    Can a city or town prevent me from openly carrying a firearm?

    EDIT: Sorry I should have read the FAQ first.. Moderator feel free to delete this thread.
    Last edited by tazxrulz; 01-27-2011 at 07:34 PM.

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    We have a Firearms and the Law Segment at Cabela's in Scarborough at 9AM Saturday January 29th. $10 dollar discount for all MOCA contributors so your cost will be $25 ~ This segment runs 9AM to Noon.

    Fill out our confidential APPLICATION (COURSE NAME FIREARMS AND THE LAW) before 4AM tomorrow and you can pay at the door. 3 hours with Attorney John Chapman that has over 30 years of Firearms Law under his belt.


    NO FIREARMS OR AMMUNITION ARE ALLOWED IN ANY NRA CERTIFIED CLASSROOM COURSE SESSIONS


    Paul J. Mattson
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    Maine CWP Training
    101 Main St.
    Harrison, ME 04040

    (207) 583-4723
    CELL 232-7063

    www.MaineCWPtraining.com
    Last edited by Maine CWP Training; 01-28-2011 at 04:43 PM.
    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

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    Regular Member damienrr's Avatar
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    NO FIREARMS OR AMMUNITION ARE ALLOWED IN ANY NRA CERTIFIED CLASSROOM COURSE SESSIONS[/COLOR][/B]

    how ironic

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    Are you making an argument that an individual with no knowledge of course participants competency and in some cases the firearm itself in which they are seeking credentials of competency have loaded firearms?

    By the way ~ this is a proven nationwide practice.

    I just checked~ Even in Scarborough, Maine
    Last edited by Maine CWP Training; 01-31-2011 at 05:07 PM.
    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

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    Regular Member lil_freak_66's Avatar
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    Quote Originally Posted by Maine CWP Training View Post
    Are you making an argument that an individual with no knowledge of course participants competency and in some cases the firearm itself in which they are seeking credentials of competency have loaded firearms?

    By the way ~ this is a proven nationwide practice.

    I just checked~ Even in Scarborough, Maine

    thats an awful lot of assuming,personally i would refuse to attend a firearms course with such a policy.
    not a lawyer, dont take anything i say as legal advice.


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    Quote Originally Posted by Maine CWP Training View Post
    Are you making an argument that an individual with no knowledge of course participants competency and in some cases the firearm itself in which they are seeking credentials of competency have loaded firearms?

    By the way ~ this is a proven nationwide practice.

    I just checked~ Even in Scarborough, Maine

    Isn't that what 2A and this forum is all about? A person should not have to prove competency to carry a firearm.

  7. #7
    Regular Member damienrr's Avatar
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    [QUOTE=Maine CWP Training;1457993]Are you making an argument that an individual with no knowledge of course participants competency and in some cases the firearm itself in which they are seeking credentials of competency have loaded firearms?

    By the way ~ this is a proven nationwide practice.

    I just checked~ Even in Scarborough, Maine[/QUOTE

    Help me out......are u saying if someone participates in this class they must "prove" to you/NRA that they are "competent" to carry and you/NRA must also inspect firearm? Isn't this class about firearm laws?? Are you suggesting that because someone takes this course or they may not know EVERY law pertaining to firearms they are not "competent" to carry??? Do you know EVERY law pertaining to firearms and will you be carrying???? Not trying to make an argument just find it ironic.......

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    The practice of having no live ammunition in a training environment is a sound policy. In a learning, classroom, training environment with people who have never handled a firearm before in their life, you want a clean room to train where there is no chance of a live round making it's way into a chamber.

    This is a common policy in almost every training environment. Most firearms experts have come forward and said when doing any sort of dry fire practice you should not have any live ammunition in the room that you are doing dry fire in.

    It's simply a policy to lower the chance of accident, and I think it's a good one.

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    damienrr~ again it is a nationwide policy. And yes, individuals are required to demonstrate competency to receive a certificate of achievement.
    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

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    tazxrulz:

    Question: Can Cities or Counties throughout Maine Prevent me from Openly Carrying a Firearm?

    Answer: NO.

    In Maine..., Cities and Counties are Prohibited from Enacting or Enforcing their Own Firearms Ordinances, and any and all such Ordinances that are in Exsistence that are Inconsistent with, or otherwise more Stringent than, Maine State Law, in this Regard, are Null and Void.

    Maine State Law Statutory Reference contained under Chapter 252-A of Part 5 of Title 25 : http://www.mainelegislature.org/legi...25sec2011.html

    Reference: Biddleford, Maine Open Caryr Incident:
    http://www.youtube.com/watch?v=Ifv5qfuXmKQ

    Reference: Maine Open Carry Association:
    http://maineopencarry.org/law.html

    aadvark
    Last edited by aadvark; 02-02-2011 at 03:14 PM.

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    aadvark , Thank you for the detailed responce... I originally asked becuase I could of sworn I saw a sign in Saco that said "local firearms ordinance in effect". I could be wrong. Or maybe they just have/had it there to try and get people that don't know the law.

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    tazxrulz:

    I am Pleased that You found my Response to your Inquiry Detailed!

    Please feel Free to Ask me ANY Firearm-related Question, at Your Leisure.

    I will do EVERYTHING in my Power to Address Your Concerns.

    Unfortunately, I am NOT a Lawyer, however; EVERYTHING I give is together with Professional References and Concrete Evidence to Support my Analysis of The Subject-matter of Firearm Law.

    aadvark

    *** As for The City of Saco, Maine: Chapter 99 of Saco City Code Governs The Discharge of Firearms within Saco Maine. Under Maine Law, Chapter 252-A of Part 5 of Title 25, Maine Code Section 2011(3), such Regulations under Saco City Code Chapter 99 ARE Legal. ***

    *** However, The Policy regarding The Emergency Shelters in Saco, Maine, in Reference to Firearms Possesion is ILLEGAL, per: http://www.sacomaine.org/departments/ema/shelter.shtml ***

    *** The NO-Discharge Zones, per Chapter 99 Analysis of Saco Municipal Ordinance, are Displayed under this Map: http://www.sacomaine.org/archives/fi..._discharge.pdf ***

    aadvark
    Last edited by aadvark; 02-02-2011 at 03:14 PM.

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    I fully support not allowing class training with a loaded firearm,but i feel that one should be allowed to carry a loaded firearm in such a class if they will not be using it,and are expressly told that before the class.

    alot of the places ive checked into in the area only have a "no loaded firearms used for training" policy,rather than an outright ban
    not a lawyer, dont take anything i say as legal advice.


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    Quote Originally Posted by tazxrulz View Post
    aadvark , Thank you for the detailed responce... I originally asked becuase I could of sworn I saw a sign in Saco that said "local firearms ordinance in effect". I could be wrong. Or maybe they just have/had it there to try and get people that don't know the law.
    Towns may regulate the DISCHARGE of firearms within city limits. So the "local firearms ordinance in effect" sign means that they have an ordinance preventing the discharge of firearms. Such an ordinance does not violate the state's preemption statute because there is a provision in the statute allowing such an ordinance.

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    Paul J. Mattson
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    Maine CWP Training
    101 Main St.
    Harrison, ME 04040

    www.mainecwptraining.com

    (207) 583-4723
    CELL 232-7063

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    Quote Originally Posted by Maine CWP Training View Post
    damienrr~ again it is a nationwide policy. And yes, individuals are required to demonstrate competency to receive a certificate of achievement.
    Yes, to receive a certificate of achievement, but not to be legally allowed to openly carry a firearm.

    Not to mention that the title "Firearms and the Law" doesn't exactly sound like a typical concealed carry course. I might attend such a course if I was looking to gain more knowledge about the laws relating to CC and gun ownership. That being said, I've had my CCW for years and have been shooting since I was a child, so yes, I would be offended that I would not be allowed to carry my legal weapon.

    Are you saying that everyone attending would be new to the gun world?

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    How many times do I have to say it? Clients cannot introduce firearms or ammunition in the classroom?

    Range exercises are obviously welcome to cleared firearms and inspected ammunition before certified exercises begin.
    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

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    Firearms and the Law is conducted by an attorney having been sworn as police officer with over 30 years of experience in firearms law and written text books for the Maine Criminal Justice Academy.

    Bring on the standard you relish and what is on your plate? Please detail.
    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

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    Quote Originally Posted by Maine CWP Training View Post
    How many times do I have to say it? Clients cannot introduce firearms or ammunition in the classroom?

    Range exercises are obviously welcome to cleared firearms and inspected ammunition before certified exercises begin.
    I don't know that anyone is arguing with the statement or right for the firearms ban in your classroom but just saying that it is ironic. The majority of people on this forum and the arguement for the part of 2A is shall not be infringed. This includes those who have not had training. We argue for the right of anyone to carry a gun down the street whether or not they have had any kind of training. However according to you they lose that right when they attend your class on gun training. The ironic part is that under your policy they are able to go buy a gun, carry it on the streets but all of a sudden when they get to your class they are no longer capable of safely carrying a gun.

    As for me, I completely understand your position and somewhat agree with it. I just do not think that anyone can truly say that they are for the absolute right for anyone to carry a gun as stated by "shall not be infringed" then turn around and restrict the carry in a classroom under the guise of safety. That is the point of this discussion, you either believe in "reasonable restrictions" or you don't. You seem to believe in reasonable restrictions and that is fine with me.

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    Would you be concerned?

    Tagging on to this discussion about people learning about firearms for the first time this thought came to me. For this case I will call this fellow Bobby. Bobby was raised by an overprotective mother who home schooled him for his first 8 grades. He then enrolled in the local high school to get his diploma. Bobby's father is a very liberal thinking person who works for a DC lobby group and has never spent much time with Bobby especially with outdoor activities such as sports and of course guns. In fact both of Bobby's parents hate guns. After graduation Bobby enrolled at a local community college.

    Bobby is fairly smart but lacks social skills and being a "mama's boy" was sometimes picked on but not bullied. The only thing Bobby knows about guns is what he has learned from his parents, TV, movies and the newspapers. Bobby does know that OC is legal where he lives and decided to go buy a Glock 19 for his 21st birthday along with a holster, mag carrier and belt. He starts to OC it where ever he goes.

    The question is would you be concerned about him? What would you do if you were say a friend or relative and found out about it? Should Bobby be allowed to carry his gun around OC seeing that he has never even fired a gun? Just something to discuss.

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    Quote Originally Posted by PT111 View Post
    Tagging on to this discussion about people learning about firearms for the first time this thought came to me. For this case I will call this fellow Bobby. Bobby was raised by an overprotective mother who home schooled him for his first 8 grades. He then enrolled in the local high school to get his diploma. Bobby's father is a very liberal thinking person who works for a DC lobby group and has never spent much time with Bobby especially with outdoor activities such as sports and of course guns. In fact both of Bobby's parents hate guns. After graduation Bobby enrolled at a local community college.

    Bobby is fairly smart but lacks social skills and being a "mama's boy" was sometimes picked on but not bullied. The only thing Bobby knows about guns is what he has learned from his parents, TV, movies and the newspapers. Bobby does know that OC is legal where he lives and decided to go buy a Glock 19 for his 21st birthday along with a holster, mag carrier and belt. He starts to OC it where ever he goes.

    The question is would you be concerned about him? What would you do if you were say a friend or relative and found out about it? Should Bobby be allowed to carry his gun around OC seeing that he has never even fired a gun? Just something to discuss.
    As long as Bobby acts responsibly with that firearm, I would have no problem with him carrying it loaded or unloaded because as a responsible person he would keep it in the holster where it's not a danger. The moment he acted illegally with that firearm, I would approve and expect the police to take him into custody and remove the firearm. However, until the time comes where he has proven himself NOT responsible, he should be left alone.

    If Bobby signed up for a class to learn about firearms through the NRA and was told that no live ammo would be allowed in the classroom environment because dry firing and training would be taking place, then I would expect he would follow that rule.

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    When loaded firearms (ON THE FIRING LINE ONLY) are present on the range we require a minimum or 1 instructor per every 4 students.
    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

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