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PortLands Preempted Firearm Ordinance'

A

aadvark

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Aug 25, 2009
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The City of PortLand has a few Preempted Ordinances that are still Codified under Thier Laws.

The Ordinances are: PortLand Code 17-42 through PortLand Code 17-47.
Maine Law 2011, Chapter 252-A, Part 5, of Title 25 Preempts these Ordinances.

Is The City of PortLand Aware of this?

Unless I am Mistaken..., The City of PortLand is Anti-Gun..., Correct?
 
B

boyscout399

Regular Member
Joined
May 23, 2008
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905
Location
Lyman, Maine
aadvark said:
The City of PortLand has a few Preempted Ordinances that are still Codified under Thier Laws.

The Ordinances are: PortLand Code 17-42 through PortLand Code 17-47.
Maine Law 2011, Chapter 252-A, Part 5, of Title 25 Preempts these Ordinances.

Is The City of PortLand Aware of this?

Unless I am Mistaken..., The City of PortLand is Anti-Gun..., Correct?
Click to expand...

I brought these ordinances to their attention during the public comment period of a city council meeting about 2 months ago. I have been watching their agendas to see if they correct it. I plan on attending the next meeting that I can get off of work to readdress these ordinances.
 
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boyscout399

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Lyman, Maine
ep0k said:
Their local statutes are invalidated by state pre-emption and they know it. They should still be written out though.

Portland is VERY anti-gun.
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Though the councilors may know it, I have a recording of a PPD officer threatening to arrest me if I carry openly after dark. He admits that he knows the ordinance is invalid but said that wouldn't prevent him from summonsing me for the violation.
 
A

aadvark

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boyscout399:

Why not take Him up on His Offer, and Sue Him, and His Department, in Court thereafter?

Besides..., Maine should Enact Remedial Collateral Consequences, Finacial and otherwise, for Preemption Violations that give so called 'Teeth' to Local Ordinances that are Inconsistent with, or otherwise or Stringent than, Maine State Law on this Regard.

aadvark
 
B

boyscout399

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May 23, 2008
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Lyman, Maine
aadvark said:
boyscout399:

Why not take Him up on His Offer, and Sue Him, and His Department, in Court thereafter?

Besides..., Maine should Enact Remedial Collateral Consequences, Finacial and otherwise, for Preemption Violations that give so called 'Teeth' to Local Ordinances that are Inconsistent with, or otherwise or Stringent than, Maine State Law on this Regard.

aadvark
Click to expand...

well, I really don't go out of my way to cause a disturbance. You can be assured that if I had business in Portland after nightfall I would be open carrying, and have on a few occasions. I just don't usually walk Portland at night... I'm usually home in bed lol :)
 
F

Flashlight

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Jul 6, 2010
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Location
Indiana
Another unenforceable Portland ordinance relating to bringing firearms into cemeteries.

Sec. 7-138. Firearms, fireworks, weapons, etc., prohibited.
The bringing of firearms into any cemetery, except by a military escort, is prohibited. The discharging of, or carrying, offensive weapons of any type, or the hurling of rocks or pellets, or the discharging of fireworks therein is strictly prohibited. This is not to be construed as prohibiting ceremonial volleys with blank charges by properly supervised honor guards as a tribute to a deceased person if such ceremonial undertaking has been previously scheduled with the superintendent of cemeteries.
(Code 1968, § 502.2(b)(16); Ord. No. 591-75, § 1, 11-3-75)
Cross reference(s)--Fire prevention and protection, Ch. 10; weapons

I saw on here once about a rule prohibiting firearm possession at the airport. I have searched the forum and the code and can't find it. Does anyone know what that is?
 
S

shanebelanger

Accomplished Advocate
Joined
Aug 25, 2009
Messages
667
Location
Freeport, Maine, United States
Flashlight said:
Another unenforceable Portland ordinance relating to bringing firearms into cemeteries.

Sec. 7-138. Firearms, fireworks, weapons, etc., prohibited.
The bringing of firearms into any cemetery, except by a military escort, is prohibited. The discharging of, or carrying, offensive weapons of any type, or the hurling of rocks or pellets, or the discharging of fireworks therein is strictly prohibited. This is not to be construed as prohibiting ceremonial volleys with blank charges by properly supervised honor guards as a tribute to a deceased person if such ceremonial undertaking has been previously scheduled with the superintendent of cemeteries.
(Code 1968, § 502.2(b)(16); Ord. No. 591-75, § 1, 11-3-75)
Cross reference(s)--Fire prevention and protection, Ch. 10; weapons

I saw on here once about a rule prohibiting firearm possession at the airport. I have searched the forum and the code and can't find it. Does anyone know what that is?
Click to expand...

I believe it's the airport in Augusta because somehow they zoned it as federal? There was something like that, I'm going to look into this and get back to you though... pretty sure it is part of the 16 mile? or something like that area in Augusta that is a completely defense free zone.
 
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