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Cannot Open Carry With a Concealed Carry Holster

carry for myself

Regular Member
Joined
May 1, 2011
Messages
544
Location
Maine
THAT my friend is the problem with not having constitutional carry!


i know it ughhh applied for my CCW on the 22nd.........guy at the desk said 4-6 weeks, i replied ill call you in 30 days ;-). so now i wait till the 22nd of june. and start makin the phones ring haha.
 

boyscout399

Regular Member
Joined
May 23, 2008
Messages
905
Location
Lyman, Maine
i know it ughhh applied for my CCW on the 22nd.........guy at the desk said 4-6 weeks, i replied ill call you in 30 days ;-). so now i wait till the 22nd of june. and start makin the phones ring haha.

The statute in Maine says they MUST reply with your permit or denial within 30 days if you're a resident. not 4-6 weeks. 30 days maximum.
 

Flashlight

Regular Member
Joined
Jul 6, 2010
Messages
68
Location
Indiana
The statute in Maine says they MUST reply with your permit or denial within 30 days if you're a resident. not 4-6 weeks. 30 days maximum.

The problem is there are no repercussions for not complying. Police departments have no incentive to follow the law. Which is why it took 8+ weeks to get mine and would have taken longer if Mr Belanger wasn't such a bulldog.
 

Grapeshot

Legendary Warrior
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May 21, 2006
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Valhalla
The problem is there are no repercussions for not complying. Police departments have no incentive to follow the law. Which is why it took 8+ weeks to get mine and would have taken longer if Mr Belanger wasn't such a bulldog.

You might want to become familiar with Writ of Mandamus/Mandamus Order.

The writ of mandamus can also be issued in a mandamus proceeding, independent of any judicial proceeding. Generally, such a petition for a mandamus order is made to compel a judicial or government officer to perform a duty owed to the petitioner.
http://legal-dictionary.thefreedictionary.com/writ+of+mandamus
 

Claytron

Regular Member
Joined
Aug 8, 2010
Messages
402
Location
Maine
The problem is there are no repercussions for not complying. Police departments have no incentive to follow the law. Which is why it took 8+ weeks to get mine and would have taken longer if Mr Belanger wasn't such a bulldog.

What really sucks is when, after having the chiefs assistant go over your application for completion and getting the OK, you get a call 3 weeks later saying you need to redo your application and wait an additional month. That sucks bad.
 

We-the-People

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Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
oh in no way am i saying anyone should. when you draw a weapon. your on your own haha. just saying the cops are wrong on that one. when you decide to unholster, you take all the responsibility of doing so. this kid didnt realize that. now he must pay the piper.

FAIL So if YOU are about to be mugged and you pull your weapon...then they turn and run (you're not going to chase them or shoot themn right)...when the cops come and arrest you.....you're on your own...you drew, you pay the piper????

That is so EPIC FAIL. There is a Constitution in this country and Due Process. It applies equally to the good guys and the bad guys when they are abiding by the law. The "concealed weapon" charge may or may not be legitimate but to throw ANYONE under the bus for using a firearm sucessfully (THREAT GONE, NO ONE HURT) whether they be a shining example of upstanding citizen, a dirtbag that's within the law, or someone in between.....is EPIC FAIL
 

carry for myself

Regular Member
Joined
May 1, 2011
Messages
544
Location
Maine
FAIL So if YOU are about to be mugged and you pull your weapon...then they turn and run (you're not going to chase them or shoot themn right)...when the cops come and arrest you.....you're on your own...you drew, you pay the piper????

That is so EPIC FAIL. There is a Constitution in this country and Due Process. It applies equally to the good guys and the bad guys when they are abiding by the law. The "concealed weapon" charge may or may not be legitimate but to throw ANYONE under the bus for using a firearm sucessfully (THREAT GONE, NO ONE HURT) whether they be a shining example of upstanding citizen, a dirtbag that's within the law, or someone in between.....is EPIC FAIL


if im about to be mugged am i going to pull my gun? in the state of Maine.......NO!. so not epic fail. in the state of maine to use lethal force the attacker must be using equal or greater force and there must be immediate danger to MY LIFE. not my property, not my tv, not my wallet. my LIFE. if i draw and shoot because someone says "give me your wallet or im gonna beat you" that is not immediate threat of LIFE OR LIMB. meaning i would be charged with negligent homicide or gross manslaughter.

in Maine.........if you do pull your gun, you better have a DANG good reason to do so. maybe your state has a stand your ground act in place, however in the state of Maine we do not and we have to be very careful on when we draw our weapons. if i were mugged i would pepper spray or taze him. because it is non lethal. not to sound like a jerk but.......before you insult someone. learn their state laws..........nuff said
 

carry for myself

Regular Member
Joined
May 1, 2011
Messages
544
Location
Maine
if im about to be mugged am i going to pull my gun? in the state of Maine.......NO!. so not epic fail. in the state of maine to use lethal force the attacker must be using equal or greater force and there must be immediate danger to MY LIFE. not my property, not my tv, not my wallet. my LIFE. if i draw and shoot because someone says "give me your wallet or im gonna beat you" that is not immediate threat of LIFE OR LIMB. meaning i would be charged with negligent homicide or gross manslaughter.

in Maine.........if you do pull your gun, you better have a DANG good reason to do so. maybe your state has a stand your ground act in place, however in the state of Maine we do not and we have to be very careful on when we draw our weapons. if i were mugged i would pepper spray or taze him. because it is non lethal. not to sound like a jerk but.......before you insult someone. learn their state laws..........nuff said


on a second note. this kids life was not in immediate danger, looks like he was gonna get hit a few times *if they even were there* however unless they were trying to kill him, he was in the wrong for pulling legally, and therefore needs some safety classes, NRA instruciton and to learn the laws himself. :)
 

We-the-People

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Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
if im about to be mugged am i going to pull my gun? in the state of Maine.......NO!. so not epic fail. in the state of maine to use lethal force the attacker must be using equal or greater force and there must be immediate danger to MY LIFE. not my property, not my tv, not my wallet. my LIFE. if i draw and shoot because someone says "give me your wallet or im gonna beat you" that is not immediate threat of LIFE OR LIMB. meaning i would be charged with negligent homicide or gross manslaughter.

in Maine.........if you do pull your gun, you better have a DANG good reason to do so. maybe your state has a stand your ground act in place, however in the state of Maine we do not and we have to be very careful on when we draw our weapons. if i were mugged i would pepper spray or taze him. because it is non lethal. not to sound like a jerk but.......before you insult someone. learn their state laws..........nuff said

FIRST I do NOT carry pepper spray or a tazer. To do so is only asking for trouble if you ever have to employ your firearm. All of the armchair quarterbacks will be second guessing your actions and asking "why didn't you just pepper spray the guy with the _____"?

When you are open carrying and someone is not deterred by that fact, and attempts to mug you that is MOST DEFINITELY sufficient threat to employ deadly force. If you were concealed it would be a different story but when open carrying and someone attempts to mug you ANY REASONABLE PERSON would feel that their life were threatened. The mugger could overpower you, take your weapon, and use it against you. The mere fact that they are going to attempt to mug an open carrier...THEY have escalated the threat to LETHAL and lethal force IS JUSTIFIED.
 

carry for myself

Regular Member
Joined
May 1, 2011
Messages
544
Location
Maine
FIRST I do NOT carry pepper spray or a tazer. To do so is only asking for trouble if you ever have to employ your firearm. All of the armchair quarterbacks will be second guessing your actions and asking "why didn't you just pepper spray the guy with the _____"?

When you are open carrying and someone is not deterred by that fact, and attempts to mug you that is MOST DEFINITELY sufficient threat to employ deadly force. If you were concealed it would be a different story but when open carrying and someone attempts to mug you ANY REASONABLE PERSON would feel that their life were threatened. The mugger could overpower you, take your weapon, and use it against you. The mere fact that they are going to attempt to mug an open carrier...THEY have escalated the threat to LETHAL and lethal force IS JUSTIFIED.



respectfully i say. Not in the state of Maine its not. 3 things happen when you shoot someone here, first the cops show up, second they take your gun away, third every single time......they arrest you. now they dont let you go, or give back your gun untill the investigation is done......and if they were not trying to kill you..........your not being released......for 10-25.

if they are trying to mug me? even if they have a gun..........im gonna give em my wallet. if they are in my house, stealing my tv..........im letting em have the tv. i will not resort to lethal force. unless i believe my life is about to end rickity tick.

To those of us who have never taken a life. stating that shooting someone is the best option you can muster. To those of us who have, who dream, fear, and live with it. we dont think that way. my Tv, my car, my wallet, not worth killing one more person in my life over. preserving my life from death, is. JMO
 
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We-the-People

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Aug 13, 2009
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White City, Oregon, USA
respectfully i say. Not in the state of Maine its not. 3 things happen when you shoot someone here, first the cops show up, second they take your gun away, third every single time......they arrest you. now they dont let you go, or give back your gun untill the investigation is done......and if they were not trying to kill you..........your not being released......for 10-25.

if they are trying to mug me? even if they have a gun..........im gonna give em my wallet. if they are in my house, stealing my tv..........im letting em have the tv. i will not resort to lethal force. unless i believe my life is about to end rickity tick.

To those of us who have never taken a life. stating that shooting someone is the best option you can muster. To those of us who have, who dream, fear, and live with it. we dont think that way. my Tv, my car, my wallet, not worth killing one more person in my life over. preserving my life from death, is. JMO

EMPLOYING deadly force is not the same as firing. EMPLOYING can be any level from hand on weapon stating "I have a firearm" to drawing and firing (and anything in between).

I have no idea what the intention of a mugger (and neither does anyone else) is but since I ONLY open carry, any mugger who is determined enough to try to mug me IS a threat...a DEADLY threat. So what, I should leave my pistol holstered and hand him my wallet assuming that he's not going to take that as well? SORRY. There is a reason we have juries and the mugger will have a gun in his face. How that works out will be entirely up to him/her/them.

I know it's cliche but I will be tried by a jury before I am carried.

If Maine is that tyrannical in how they treat citizens who protect themselves from predators and scumbags then you need to get some new politicians and some new laws.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
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Valhalla
Without a doubt Maine does not require that you submit to a beating or the threat of one before defending yourself.

If I am going to be mugged and believe that I will be seriously injured, will I be thinking about defensive reactions? Nope..................I will already have responded. What and to what degree will depend upon the information received. All options are on the table.
 

boyscout399

Regular Member
Joined
May 23, 2008
Messages
905
Location
Lyman, Maine
on a second note. this kids life was not in immediate danger, looks like he was gonna get hit a few times *if they even were there* however unless they were trying to kill him, he was in the wrong for pulling legally, and therefore needs some safety classes, NRA instruciton and to learn the laws himself. :)

If they were trying to rob him, then he was in fact justified in using deadly force per Maine Statutes.

Robbery, Kidnapping, Gross Sexual Assault, or unlawful deadly force are all defensible reasons to use deadly force in Maine.

Also, other privileges are granted if you're in your own home and defending your property.

Title 17-A Sec 104 says you can use deadly force if someone has entered your dwelling place, and you believe they are going to commit another crime inside your home, and you have warned them and told them to terminate their trespass.
 

cllmecrazy

Regular Member
Joined
May 26, 2011
Messages
13
Location
Maine
If they were trying to rob him, then he was in fact justified in using deadly force per Maine Statutes.

Robbery, Kidnapping, Gross Sexual Assault, or unlawful deadly force are all defensible reasons to use deadly force in Maine.

Also, other privileges are granted if you're in your own home and defending your property.

Title 17-A Sec 104 says you can use deadly force if someone has entered your dwelling place, and you believe they are going to commit another crime inside your home, and you have warned them and told them to terminate their trespass.

However, there is also:

C. However, a person is not justified in using deadly force as provided in paragraph A if:

(3) The person knows that the person or a 3rd person can, with complete safety:

(a) Retreat from the encounter, except that the person or the 3rd person is not required to retreat if the person or the 3rd person is in the person's dwelling place and was not the initial aggressor;
(b) Surrender property to a person asserting a colorable claim of right thereto; or
(c) Comply with a demand that the person abstain from performing an act that the person is not obliged to perform.

So you have to give them the option to put the TV down, step away from you and exit. You can't detain them. Somewhat common sense there but thought I'd add it.

Honestly I was taught the same thing as Carry For Myself. Apparently some instructors need to get their story straight before teaching people.
 

Grapeshot

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May 21, 2006
Messages
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Valhalla
There is a fine line between "polite dissent" and trolling.

Those that look for reasons to restrict our ability to defend ourselves or argue against it will often ignore certain points or "accidentally" not include others. Then there is the occassionally deliberate agent provocateur -they are humorous, but not long lived.

All in all, I find that Maine has good and strong self-defense laws that support both RKBA and personal protection. Posting here means acceptance of the rules and accountability for both what we say and what we imply.

It is no fault that most posters are able to discern the difference easily.
 

Claytron

Regular Member
Joined
Aug 8, 2010
Messages
402
Location
Maine
Seriously, did you even read the statute you, yourself posted, junior? Since you say you have to give them the option to put the tv down, step away from you and exit, I am assuming that you are speaking of a home burglary. If you will actually read exception (a) above you will read that the option to retreat DOES NOT APPLY in a person's dwelling place!

Also, in the case of a street mugging, the duty to retreat only exists if it can done IN COMPLETE SAFETY. If the perpetrator has the ability to pursue, then the victim cannot retreat IN COMPLETE SAFETY can they? Where the duty to retreat would come into play is if I am attacked, and I defend myself, and I render the perp unconscious, or injure the perp to such an extent that they can't pursue, than I must stop my defensive actions and retreat. But if they retain the ability to pursue, or to shoot at me, the game is still on.

As far as the ability to detain a criminal, we would have to look at Maine's citizen arrest statutes....

Really, I would suggest that you pay a good criminal defense lawyer $200 to spend an hour with them and get a real education on the self-defense statutes.

PS - You most certainly CAN legally detain the perp in Maine!

http://www.mainelegislature.org/legis/statutes/17-a/title17-Asec16.html



Also, by the way, junior, did you know that a private party can use deadly force in effecting a citizen's arrest?

http://www.mainelegislature.org/legis/statutes/17-A/title17-Asec107.html

NavyLT i hate to say it but there is no reason to start acting like an ******* here. You have a real condescending attitude and it doesnt seem necessary at all. Knowing the law is fine but when it gets to be so important to you that you act like a jerk to people who are less informed, maybe you should take that 200$ and talk with a counselor regarding your emotions.
 
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