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Thread: Threating Display

  1. #1
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    Threating Display

    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

  2. #2
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    Quote Originally Posted by aadvark View Post
    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 by boyscout399; 02-09-2011 at 05:30 PM.

  3. #3
    Regular Member Fallschirmjäger's Avatar
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    "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.

  4. #4
    Regular Member WantsToCarry's Avatar
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    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.

  5. #5
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    That was what I Thought too!
    I just Wanted to make Sure...

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