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Threating Display

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,597
Location
, ,
ALL Maine Post Participants:

Does Maine Law 2001-A(1)(A), Chapter 252, Part 5, of Title 25 Invalidate Open Carry?

1. Display or Carrying Prohibited. A Person may NOT, unless Excepted by a Provision of Law:
A. Display in a Threatening Manner a Firearm..., Usually Employed in The Attack on or Defense of a Person;
[2003, c. 452, Pt. N, §2 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]

Therefore, it seems as if Open Carry is ILLEGAL in Maine, because someone could Construe The Act as either: Terrorizing 17-A 210 [ 2001, c. 383, §11 (RP); 2001, c. 383, §156 (AFF) .], OR
Reckless Conduct 17-A 211 [ 1975, c. 499, §1 (NEW) .]
under Chapter 9, Part 2, of Title 17-A of Maine Code.

Is there any Case Law in Maine about Open Carry that would InValidate these Concerns?

aadvark
 

boyscout399

Regular Member
Joined
May 23, 2008
Messages
905
Location
Lyman, Maine
ALL Maine Post Participants:

Does Maine Law 2001-A(1)(A), Chapter 252, Part 5, of Title 25 Invalidate Open Carry?

1. Display or Carrying Prohibited. A Person may NOT, unless Excepted by a Provision of Law:
A. Display in a Threatening Manner a Firearm..., Usually Employed in The Attack on or Defense of a Person;
[2003, c. 452, Pt. N, §2 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]

Therefore, it seems as if Open Carry is ILLEGAL in Maine, because someone could Construe The Act as either: Terrorizing 17-A 210 [ 2001, c. 383, §11 (RP); 2001, c. 383, §156 (AFF) .], OR
Reckless Conduct 17-A 211 [ 1975, c. 499, §1 (NEW) .]
under Chapter 9, Part 2, of Title 17-A of Maine Code.

Is there any Case Law in Maine about Open Carry that would InValidate these Concerns?

aadvark

I do not know the individual cases, but yes there is case law regarding OC. Note that the statute says threatening display, not just display. The display has to be in a threatening manner and a properly holstered handgun is not threatening.

17-A 210 involves the communication of a threat. If you don't threaten someone with the firearm, you're not in violation of that statute

17-A 211 involves recklessly causing a serious risk of bodily injury to someone else. There is no risk of bodily injury to anyone with a holstered handgun. If that handgun ever becomes unholstered, then a reckless conduct charge "may" be warranted, but again you have to prove that the risk was caused recklessly, not purposefully.
 
Last edited:

Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
"Threatening display" is the operative phrase. Holding a rope isn't threatening; holding up a noose and pointing at the nearest tall tree is something entirely different.
If the mere carrying of a firearm were threatening, then all uniformed officers would constantly be threatening the public that they are sworn to protect.
 

WantsToCarry

Regular Member
Joined
Dec 17, 2010
Messages
64
Location
Auburn/Lewiston Area Maine
Agreed that I dont find much for grounds on a threatening display. Ive even had a freind bring up "Civil Unrest" tho I don't find any legal grounds for this. Also, public disturbance. Both sound as if your causing the public, speaking of more than a few, unhappy or upset, your disturbing the public/and or causing unrest.

Again this argument is near nonsense as the act of open carry is legal, and just because one man/woman doesn't like it, does not make it unrest. Just thought I would throw that into the ring.
 
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