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Thread: Hello! And two questions..

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    Regular Member lvhllkr's Avatar
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    Hello! And two questions..

    Greetings from the L/A area! Two questions.. First.. anyone have experiences good or bad with Lewiston or Auburn cops on Open Carry?
    Second question is.. After reading the laws on open carrying and transporting a handgun in a motor vehicle.. I'm under the impression that a bicycle
    could in no way be considered a motor vehicle since the law specifies motor driven vehicle or attached trailer, right? So in theory.. I could carry while riding a bicycle.. Asking because my bicycle is my main mode of transportation right now, and I keep riding longer and longer distances from home. I'd actually love to ride to one of your meets, would be a good first long haul ride haha
    Obviously if I were to carry on a bike I'd make sure to have a holster with *excellent* retention. Thanks in advance for your answers glad to finally have stopped lurking and made a post, I haven't OC'ed yet but I'm going to when I go camping sometime in the next few weeks, as I don't have a car it's pretty much the only way to legally carry it for me, no permit yet. Sorry for the long post
    Last edited by lvhllkr; 07-31-2011 at 08:15 PM.

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    Moderator / Administrator Grapeshot's Avatar
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    Welcome aboard OCDO - good people involved with MOCA too.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member lvhllkr's Avatar
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    Thanks!

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    Welcome to the forums. I see that Grape beat me to posting! haha... one of these days I will get here before him! ;-). It is also my understanding that loaded open carry on a bicycle is perfectly acceptable. Of course, I am not an attorney. We are having a get together on the 14th of August in Portland, you should come and meet everyone! :-)

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    After reading your initial post again I see I missed a question. We have had no issues with the Lewiston/Auburn PD after they realized that OC was legal. Hope this helps!

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    Regular Member lvhllkr's Avatar
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    Awesome! I might be able to make it but I wont be sure for another week or so. Thanks for the warm welcome and the answers

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    I've been curious about the bike thing too, though I've been operating under the idea that since when I'm on my bike I am obligated to obey the traffic laws, etc governing motor vehicles, that OC w/o a CWP would be a no-no. Am I wrong? I really hope so! Are there cases on the books defending this? or statues? my searches have yielded nothing that I would stand by talking with an officer in (not so) OC friendly Portland.

    Oh, and lvhllkr, welcome! There are some seriously great folks here at OCDO, hope you stick around!

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    Quote Originally Posted by PiercedMaineOC View Post
    I've been curious about the bike thing too, though I've been operating under the idea that since when I'm on my bike I am obligated to obey the traffic laws, etc governing motor vehicles, that OC w/o a CWP would be a no-no. Am I wrong? I really hope so! Are there cases on the books defending this? or statues? my searches have yielded nothing that I would stand by talking with an officer in (not so) OC friendly Portland.

    Oh, and lvhllkr, welcome! There are some seriously great folks here at OCDO, hope you stick around!
    The law states motor vehicle. Your reading into it too much. Take it at face value for exactly what it says.

    §11212. Motor vehicles and motorboats

    1. Prohibition. The following provisions apply to shooting from a motor vehicle or motorboat or possessing a loaded firearm or a crossbow in a motor vehicle.
    A. A person may not shoot while in or on a motor vehicle or motorboat or while in or on a trailer or other type of vehicle being hauled by a motor vehicle except:
    (1) A person may hunt migratory waterfowl from a motorboat in accordance with federal regulations;

    (2) Paraplegics and single or double amputees of the legs may shoot from motor vehicles that are not in motion; and

    (3) A person may shoot from a motorboat if that boat is not being propelled by its motor. [2003, c. 614, §9 (AFF); 2003, c. 655, Pt. B, §142 (AMD); 2003, c. 655, Pt. B, §422 (AFF).]


    B. A person may not, while in or on a motor vehicle or in or on a trailer or other type of vehicle being hauled by a motor vehicle, have a cocked and armed crossbow or a firearm with a cartridge or shell in the chamber or in an attached magazine, clip or cylinder or a muzzle-loading firearm charged with powder, lead and a primed ignition device or mechanism, except that a person who has a valid Maine permit to carry a concealed weapon may have in or on a motor vehicle or trailer a loaded pistol or revolver covered by that permit. [2005, c. 477, §9 (AMD).]

    C. A person may not possess a wild animal or wild bird taken in violation of paragraph A or B, except as otherwise provided in this Part. [2003, c. 414, Pt. A, §2 (NEW); 2003, c. 614, §9 (AFF).]

    [ 2005, c. 477, §9 (AMD) .]

    2. Penalty. A person who violates subsection 1 commits a Class E crime.

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    Thank you, Shane. I most certainly was reading into it far to much.

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    Regular Member carry for myself's Avatar
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    i would check with an attourney. not because i have any exp with bikes and guns. but simply for the fact that if you drink and ride a bike.......or rollerblade they will charge you with OUI and at that point they are concidered a motor vehicle, as you being the motor. i dont know if some anti-OC cop may try to pin you as the motor for the bike, and charge you with carrying in a MV.......personally i would check myself. cops have done worse :-p , welcome to the forum :-D
    i would rather run out of blood, breath and life. and die fighting. than run out of ammo , and die with my pants down -Tom Scantas

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    CFM, my thoughts exactly.

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    Quote Originally Posted by carry for myself View Post
    i would check with an attourney. not because i have any exp with bikes and guns. but simply for the fact that if you drink and ride a bike.......or rollerblade they will charge you with OUI and at that point they are concidered a motor vehicle, as you being the motor. i dont know if some anti-OC cop may try to pin you as the motor for the bike, and charge you with carrying in a MV.......personally i would check myself. cops have done worse :-p , welcome to the forum :-D
    Good point, although in Maine OUI is operating under the influence. Operating can be anything. The statute clearly states inside a motor vehicle. " A person may not, while in or on a motor vehicle" and motor vehicle is defined as:
    mo·tor ve·hi·cle

    Noun: A road vehicle powered by an internal combustion engine; an automobile

    Therefore I find it extremely hard to believe that anyone could make the argument that you are a motor vehicle, as a person is not a motor and cannot be a motor no matter how hard we try! haha... definition of a motor is: A machine, esp. one powered by electricity or internal combustion, that supplies motive power for a vehicle or for some other device with moving parts. and the definition of machine is: An apparatus using or applying mechanical power and having several parts, each with a definite function and together performing a particular task
    • - a fax machine
    • - a shredding machine

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by carry for myself View Post
    i would check with an attourney. not because i have any exp with bikes and guns. but simply for the fact that if you drink and ride a bike.......or rollerblade they will charge you with OUI and at that point they are concidered a motor vehicle, as you being the motor. i dont know if some anti-OC cop may try to pin you as the motor for the bike, and charge you with carrying in a MV.......personally i would check myself. cops have done worse :-p , welcome to the forum :-D
    Way to big of a stretch - you may provide the locomotion, but no way are you a "motor vehicle."

    Aren't there enough legitimate issues w/o conjuring up such?
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member carry for myself's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Way to big of a stretch - you may provide the locomotion, but no way are you a "motor vehicle."

    Aren't there enough legitimate issues w/o conjuring up such?

    was not trying to conjure, was just being aware of the "may beat the charge, but not the ride" mentality that some LEO's have. we've all seen them do worse. and go to great lengths to spit in the face of OC. not saying it would happen. just viewing it as a small possibility. they have tried to charge me with brandishing because i had a unloaded pistol in the passenger seat *buxton* so.it happens :-p
    i would rather run out of blood, breath and life. and die fighting. than run out of ammo , and die with my pants down -Tom Scantas

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    Most states define within their statues what constitutes a motorized vehicle. Sometimes this definition doesn't always prove to remove all confusion.

    Quote Originally Posted by Maine Legislature (www.mainelegislature.org)
    Title 29-A, §101: Definitions
    ...
    9. Bicycle. "Bicycle" means a device primarily propelled by human power, operated by a person usually seated on a seat and driven on the ground on wheels by the operator.
    ...
    42. Motor vehicle. "Motor vehicle" means a self-propelled vehicle not operated exclusively on tracks but does not include:
    -- A. A snowmobile as defined in Title 12, section 13001; [2003, c. 414, Pt. B, §42 (AMD); 2003, c. 614, §9 (AFF).]
    -- B. An all-terrain vehicle as defined in Title 12, section 13001, unless the all-terrain vehicle is permitted in accordance with section 501, subsection 8 or is operated on a way and section 2080 applies; and [2005, c. 577, §5 (AMD).]
    -- C. A motorized wheelchair or an electric personal assistive mobility device. [2001, c. 687, §9 (AMD).]
    Based on these definitions, I do not think I would consider a bicycle to be a motorized vehicle since a bicycle is defined as "propelled by human power." I still think the advice to ask an attorney is wise.

    Now I am actually curious where the grounds to prohibit the possession of a loaded firearm in a vehicle are located in the statues, as I cannot seem to locate anything which would prohibit it in Title 25, Part 5, Chapter 252-A "Firearm Regulation." I'm new to Maine myself, so if anyone could point me to the statues banning this I would appreciate it greatly.

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    Nevermind, I found it. This provision sure is hidden away in the statues.

    Quote Originally Posted by Maine Legislature (http://www.mainelegislature.org)
    Title 12, §11212: Motor vehicles and motorboats
    1. Prohibition. The following provisions apply to shooting from a motor vehicle or motorboat or possessing a loaded firearm or a crossbow in a motor vehicle.
    ...
    B. A person may not, while in or on a motor vehicle or in or on a trailer or other type of vehicle being hauled by a motor vehicle, have a cocked and armed crossbow or a firearm with a cartridge or shell in the chamber or in an attached magazine, clip or cylinder or a muzzle-loading firearm charged with powder, lead and a primed ignition device or mechanism, except that a person who has a valid Maine permit to carry a concealed weapon may have in or on a motor vehicle or trailer a loaded pistol or revolver covered by that permit. [2005, c. 477, §9 (AMD).]

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    Quote Originally Posted by Saoirse View Post
    Nevermind, I found it. This provision sure is hidden away in the statues.
    yeah in the statute search you must search for "firearms and vehicle" here: http://www.mainelegislature.org/legi...tes/search.htm

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    Regular Member Joeygee23's Avatar
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    Good Luck

    --Moderator deleted/edited as totally OT for this thread and in violation of our rules--
    I don't particularly care if cops are comfortable with armed citizens or not. It's well established by now that a cop will in all likelihood not be coming to your rescue should you run into serious trouble. Assume that the police will arrive just in time to cordon off the crime scene. You are the first (and often last) line of defense when it comes to your own survival.

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