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Thread: in colorado now but coming to maine soon

  1. #1
    Regular Member Shooter McGee's Avatar
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    in colorado now but coming to maine soon

    hi all,
    i currently live 9,000 ft. up in the rockies of colorado but i am moving to maine come the end of next summer as my wife and i hail from the northeast and we are eager to get back. 8 years at almost 2 miles above sea level is enough for me. anyways, i OC full time, everywhere and everyday here in colorado and plan to do so when i move to maine. i look forward to meeting some fellow OC'ers and joining up with you all upon my arrival in maine. i OC a sig scorpion 1911 with 8 alternating 230g federal hydrashoks and federal HST's in the magazine in a heavily modified left draw blackhawk serpa 2 holster. back-up mag is full of HST's. i have created an 'OC freedom card' of sorts on the OCDO colorado forum and it is a quick print out of all applicable laws for the colorado OC'er. a cheat sheet, if you will, to learn and memorize and if needed to hand directly to a LEO who is either lying or unfamiliar with the current colorado gun laws(particularly for boulder pd. boulder, co that land that reason forgot). here's the link:

    http://forum.opencarry.org/forums/sh...C-ers-To-Carry

    i was wondering if you all could give me a quick run down of maine OC laws and how you feel and what you all think of them? fair or foul? state wide or is it limited to certain areas? stuff like that. any help/input/info would be appreciated. thanks in advance and be well. oi!
    Last edited by Shooter McGee; 11-03-2011 at 06:32 PM.

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    Welcome to Maine. Our laws are pretty firearm friendly, though some of our towns are not so much. Remember, the law is on your side so you can fight any harassment you receive. Maine requires no permit to Open Carry loaded or unloaded. If you don't have a CCW permit, then you must unload when in a vehicle.

    If you are on private property such as a business, and they ask you to leave, you must comply or you're trespassing. This has only happened to me once or twice in the last 4 years of OCing in Maine.

    We have full State Preemption so no municipality can regulate carry of firearms in any way (Though they can limit the discharge of firearms)

    I look forward to meeting you at one of our functions.

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    Regular Member Shooter McGee's Avatar
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    Quote Originally Posted by boyscout399 View Post
    Welcome to Maine. Our laws are pretty firearm friendly, though some of our towns are not so much. Remember, the law is on your side so you can fight any harassment you receive. Maine requires no permit to Open Carry loaded or unloaded. If you don't have a CCW permit, then you must unload when in a vehicle.

    If you are on private property such as a business, and they ask you to leave, you must comply or you're trespassing. This has only happened to me once or twice in the last 4 years of OCing in Maine.

    We have full State Preemption so no municipality can regulate carry of firearms in any way (Though they can limit the discharge of firearms)

    I look forward to meeting you at one of our functions.
    hi there boyscout and thanks for the warm welcome as well as the accompanying information. very helpful. i have just 1 question about what you wrote. when you say 'If you don't have a CCW permit, then you must unload when in a vehicle.' how does maine define 'loaded'? or does a definition exist? is loaded chambered or just a mag in the firearm? ok, i lied. 1 more question. if not in possession of a CCW and in my vehicle is there any where the firearm can or cannot be in said vehicle? in colorado the vehicle is considered an extension of the home and a firearm can be carried anywhere and in any fashion in the vehicle. it can be loaded, chambered and concealed regardless of possession of a CCW. the only exception to vehicle carry here is with long guns not being chambered or capped or primed and that is only for hunting concerns. thanks.

  4. #4
    Regular Member Shooter McGee's Avatar
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    which towns/areas would be considered the worst to OC in?

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    Quote Originally Posted by Shooter McGee View Post
    hi there boyscout and thanks for the warm welcome as well as the accompanying information. very helpful. i have just 1 question about what you wrote. when you say 'If you don't have a CCW permit, then you must unload when in a vehicle.' how does maine define 'loaded'? or does a definition exist? is loaded chambered or just a mag in the firearm? ok, i lied. 1 more question. if not in possession of a CCW and in my vehicle is there any where the firearm can or cannot be in said vehicle? in colorado the vehicle is considered an extension of the home and a firearm can be carried anywhere and in any fashion in the vehicle. it can be loaded, chambered and concealed regardless of possession of a CCW. the only exception to vehicle carry here is with long guns not being chambered or capped or primed and that is only for hunting concerns. thanks.
    round in chamber or loaded mag in the gun is considered loaded. A loaded mag on the seat next to the gun is not a loaded gun. There are no restrictions on where it has to be in the vehicle. But it can't be concealed and in reach if you don't have a CCW permit. So it has to be visible. On the seat next to you, on the dash, strapped to your forehead. All fair game.

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    Quote Originally Posted by Shooter McGee View Post
    which towns/areas would be considered the worst to OC in?
    We've come a long way, but Portland is the pits. The cops will probably respond, but if you know your rights and stand up to them, you'll be fine. They won't arrest you if you haven't broken the law. They know the law, they just don't like it. I've heard Lewiston/Auburn is not so friendly. Also, because of the capitol building complex, Augusta has some rules you should be aware of before you OC around the capitol buildings.

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    Paul J. Mattson
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    Maine CWP Training
    101 Main St.
    Harrison, ME 04040

    www.mainecwptraining.com

    (207) 583-4723
    CELL 232-7063

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    Regular Member Shooter McGee's Avatar
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    thanks to both of you. i have read every thread and the links on this maine forum. i am quickly learning the OC laws for maine. what i am trying to get from you all is first hand accounts of interpretations of the laws, first hand accounts of LEO encounters, where is good and where is not so good, prior experiences and so on.....my family and i are planning on moving somewhere around the gorham area. so i will be somewhat near portland and may have to push it there. i OC everyday and everywhere. if it is legal i will have my piece on my hip. the law is on my side. it seems to me that portland is very much like boulder is for us here. it is known as the peoples republic of boulder the land that reason forgot. local PD not fond of the state law and TRY to enforce their local ordinances to no avail. whether it be blatant lies or just plain ignorance they try and they try. when my rights are being jeopardized and the law is on my side i have no fear of any law dawg. so again, i thank you both for your responses. oi!

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    I have OC'd in Portland numerous times without any problem. I think it really all depends on how you carry yourself as well. I was actually told by some people in Old Orchard Beach that the OOB PD told them I was a police officer when they called 911 because they were "scared".

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    Regular Member Shooter McGee's Avatar
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    thanks for the reply shane. it is funny to me that because someone is 'scared' LEO and some other people think my rights should just go out the window. and to that i say no dice. did you check out the 'freedom card' i made for colorado? here's the link again

    http://forum.opencarry.org/forums/sh...C-ers-To-Carry

    would it be feasible to put together something similar for maine OC'ers? citing statutes and particular cases. i see quite a bit of posters on this forum(i have read every page on this maine open carry forum) asking about maine law and others telling them to do the leg work themselves(way older posts i read on here from the likes of 'citizen') but isn't that what is beautiful about the internet? the fact that one can usually, most of the time, just google something and find most if not all the answers they seek. i am still almost a year out from relocating to maine but this is something i am going to try to put together for those who seek these type of answers. i see on here many asking about the laws. it would be much easier to just point them to a page with everything they need, no? any input would be appreciated. oi!

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Shooter McGee View Post
    thanks for the reply shane. it is funny to me that because someone is 'scared' LEO and some other people think my rights should just go out the window. and to that i say no dice. did you check out the 'freedom card' i made for colorado? here's the link again

    http://forum.opencarry.org/forums/sh...C-ers-To-Carry

    would it be feasible to put together something similar for maine OC'ers? citing statutes and particular cases. i see quite a bit of posters on this forum(i have read every page on this maine open carry forum) asking about maine law and others telling them to do the leg work themselves(way older posts i read on here from the likes of 'citizen') but isn't that what is beautiful about the internet? the fact that one can usually, most of the time, just google something and find most if not all the answers they seek. i am still almost a year out from relocating to maine but this is something i am going to try to put together for those who seek these type of answers. i see on here many asking about the laws. it would be much easier to just point them to a page with everything they need, no? any input would be appreciated. oi!
    Would be a good thing and appreciated I am sure.

    Be sure though to cite all with the applicable statute.
    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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    Quote Originally Posted by Shooter McGee View Post
    thanks for the reply shane. it is funny to me that because someone is 'scared' LEO and some other people think my rights should just go out the window. and to that i say no dice. did you check out the 'freedom card' i made for colorado? here's the link again

    http://forum.opencarry.org/forums/sh...C-ers-To-Carry

    would it be feasible to put together something similar for maine OC'ers? citing statutes and particular cases. i see quite a bit of posters on this forum(i have read every page on this maine open carry forum) asking about maine law and others telling them to do the leg work themselves(way older posts i read on here from the likes of 'citizen') but isn't that what is beautiful about the internet? the fact that one can usually, most of the time, just google something and find most if not all the answers they seek. i am still almost a year out from relocating to maine but this is something i am going to try to put together for those who seek these type of answers. i see on here many asking about the laws. it would be much easier to just point them to a page with everything they need, no? any input would be appreciated. oi!
    haha, actually... this was tasked to a person about a year ago... but so far nothing has come of it. If you would like to take the ball and run with it, that would be absolutely wonderful! I will help you in any way that I can. Our initial idea was to make a tri-fold that would hold a kind of cheat sheet for people if they were stopped/harassed by LEO or even just citizens. I also want to make some business cards up like what VCDL has, that say no firearms, no $.

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    right on guys. the one i put together for colorado prints nicely on half a 8x11 sheet, both sides, and covers all bases with appropriate statutes. rmgo.org, rocky mountain gun owners association, has a card with the no guns, no $ for businesses that give us the boot. i have a print out i hand store owners that ask me to leave and it goes like this;

    I am allowed by the State of Colorado to wear this weapon openly for my personal safety. If it is your corporate policy to prohibit in-store display of a holstered side-arm, then I will be more than happy to respect that policy out of respect for your property rights. You should understand that this policy places my personal safety at risk by requiring me to disarm while in your store, affording an "unarmed" target for any violent criminal present. Then after exiting your store, for my personal safety, I must openly display it while walking to my parked vehicle. Since your store provides no tangible security for your customers inside or outside, I will have to take my business to one of your many competitors that respects the life and safety of its customers.

    so i shall put together a 'freedom card' for maine OC and post it here in the coming days, the one i made for CO took me about 2 days. i will make it as thorough as needed citing statutes and if it needs anything added or corrected please then do so. look for something by sunday. it would be sooner but i will be busy friday and saturday. i'll put it together while i watch the pats stomp the giants on sunday. go pats. thanks for the input.

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    Quote Originally Posted by Shooter McGee View Post
    right on guys. the one i put together for colorado prints nicely on half a 8x11 sheet, both sides, and covers all bases with appropriate statutes. rmgo.org, rocky mountain gun owners association, has a card with the no guns, no $ for businesses that give us the boot. i have a print out i hand store owners that ask me to leave and it goes like this;

    I am allowed by the State of Colorado to wear this weapon openly for my personal safety. If it is your corporate policy to prohibit in-store display of a holstered side-arm, then I will be more than happy to respect that policy out of respect for your property rights. You should understand that this policy places my personal safety at risk by requiring me to disarm while in your store, affording an "unarmed" target for any violent criminal present. Then after exiting your store, for my personal safety, I must openly display it while walking to my parked vehicle. Since your store provides no tangible security for your customers inside or outside, I will have to take my business to one of your many competitors that respects the life and safety of its customers.

    so i shall put together a 'freedom card' for maine OC and post it here in the coming days, the one i made for CO took me about 2 days. i will make it as thorough as needed citing statutes and if it needs anything added or corrected please then do so. look for something by sunday. it would be sooner but i will be busy friday and saturday. i'll put it together while i watch the pats stomp the giants on sunday. go pats. thanks for the input.
    Sounds good, just please don't put MOCA on it anywhere seeing as we are going through a name change! :-)

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    Quote Originally Posted by shanebelanger View Post
    Sounds good, just please don't put MOCA on it anywhere seeing as we are going through a name change! :-)
    A northeastern grass roots organization TBA (to be announced)

    Perhaps at this point, the best thing to do is submit it for review/consideration in draft form.
    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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    Quote Originally Posted by boyscout399 View Post
    round in chamber or loaded mag in the gun is considered loaded. A loaded mag on the seat next to the gun is not a loaded gun. There are no restrictions on where it has to be in the vehicle. But it can't be concealed and in reach if you don't have a CCW permit. So it has to be visible. On the seat next to you, on the dash, strapped to your forehead. All fair game.

    +1 however i do advise carrying a printout of the exact law that states what a loaded weapon is , because alot of LEO's ive run into will argue that having a loaded mag in the vehicle and within reach is illegal. the exact quoted text. *even though i cannot find the statute* is


    "It is unlawful for a person, while in or on a motor vehicle or in or on a trailer or other type of vehicle being hauled by a motor vehicle, to have 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 for a law enforcement official in the line of duty."

    the underlined part is the part that matters.

    i suggest finding the statute * i looked but am tired and cant find it* and printing it out, highlighting that part and showing it to any LEO who gives you grief :-) lol
    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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    Quote Originally Posted by carry for myself View Post
    +1 however i do advise carrying a printout of the exact law that states what a loaded weapon is , because alot of LEO's ive run into will argue that having a loaded mag in the vehicle and within reach is illegal. the exact quoted text. *even though i cannot find the statute* is


    "It is unlawful for a person, while in or on a motor vehicle or in or on a trailer or other type of vehicle being hauled by a motor vehicle, to have 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 for a law enforcement official in the line of duty."

    the underlined part is the part that matters.

    i suggest finding the statute * i looked but am tired and cant find it* and printing it out, highlighting that part and showing it to any LEO who gives you grief :-) lol
    You left something important out - see bold part:

    It is unlawful for a person, while in or on a motor vehicle or in or on a trailer or other type of vehicle being hauled by a motor vehicle, to have 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 for a law enforcement official in the line of duty.


    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.
    http://crime.about.com/od/gunlawsbys...gunlaws_me.htm
    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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    Quote Originally Posted by carry for myself View Post
    +1 however i do advise carrying a printout of the exact law that states what a loaded weapon is , because alot of LEO's ive run into will argue that having a loaded mag in the vehicle and within reach is illegal. the exact quoted text. *even though i cannot find the statute* is


    "It is unlawful for a person, while in or on a motor vehicle or in or on a trailer or other type of vehicle being hauled by a motor vehicle, to have 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 for a law enforcement official in the line of duty."

    the underlined part is the part that matters.

    i suggest finding the statute * i looked but am tired and cant find it* and printing it out, highlighting that part and showing it to any LEO who gives you grief :-) lol
    Title 12 Sec 11212

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    ok, so it is sunday morning 10:30 am for me here in colorado. i have only been at this for a couple of hours but here is what i have managed to throw together. please make any additions or corrections if needed, which i am sure there are some to be had. i think i have covered what any OC'er and CC'er would need to know. Let me know what you all think.

    Article 1, Section 16 of the Maine Constitution, To keep and bear arms. Every citizen has a right to keep and bear arms and this right shall never be questioned.

    *!LAWFUL POSSESSION OF A FIREARM UNDER MAINE LAW DOES NOT CONSTITUTE A REASONABLE ARTICULABLE SUSPICION (RAS) OR PROBABLE CAUSE (PC) TO STOP AND IDENTIFY. YOU HAVE THE CHOICE TO ID YOURSELF AND/OR TALK TO LEO DURING AN ENCOUNTER!*

    Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
    Part 5: PUBLIC SAFETY
    Chapter 252-A: FIREARMS REGULATION HEADING: PL 1989, C. 359 (NEW)

    Title 25 2011. State preemption 1. Preemption. The State intends to occupy and preempt the entire field of legislation concerning the regulation of firearms, components, ammunition and supplies. Except as provided in subsection 3, any existing or future order, ordinance, rule or regulation in this field of any political subdivision of the State is void. 2. Regulation restricted. Except as provided in subsection 3, no political subdivision of the State, including, but not limited to, municipalities, counties, townships and village corporations, may adopt any order, ordinance, rule or regulation concerning the sale, purchase, purchase delay, transfer, ownership, use, possession, bearing, transportation, licensing, permitting, registration, taxation or any other matter pertaining to firearms, components, ammunition or supplies. 3. Exception. This section does not prohibit an order, ordinance, rule or regulation of any political subdivision which, with the exception of appropriate civil penalty provisions, conforms exactly with any applicable provision of state law or which regulates the discharge of firearms within a jurisdiction. 4. Law enforcement agency. Nothing in this section limits the power of any law enforcement agency to regulate the type and use of firearms issued or authorized by that agency for use by its employees. For the purposes of this section "law enforcement agency" has the same meaning as set forth in section 3701.

    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.

    Places Off-Limits for OC or CC, Even With A Permit/License
    A person is guilty of criminal possession of a firearm if the person possesses any firearm on the premises of a licensed establishment for on-premises consumption of liquor and is posted to prohibit or restrict the possession of firearms in a manner reasonably likely to come to the attention of patrons... (Title 17A Chapter 43 1057)
    A person may not possess a firearm on public school property or discharge a firearm within 500 feet of school property. (Title 20A Chapter 223 6552)
    It is a crime for any person, including, but not limited to, security guards and persons involved in a labor dispute or strike, to be armed with a dangerous weapon, at the site of a labor dispute or strike. (Title 32 Chapter 93 9412)
    All persons are prohibited from entering any court facility, including any courtroom, or any other area or building within the control or supervision of the Maine Judicial Branch, if armed with a firearm, other dangerous weapon or while in possession of a disabling chemical. (Administrative Order JB-05-9)
    Any place where federal law prohibits the carrying of firearms

    16 Department of Public Safety
    633 Gambling Control Board
    Chapter 16: Weapons
    The following rules govern possession of weapons in a licensed slot machine facility. “Weapons” include but are not limited to any firearm, taser, stun gun, sling shot, knuckles, bowie knife, dirk, stiletto or other dangerous or deadly weapon usually employed in the attack on or defense of a person.
    State Admin Rules 16-219 Department Of Public Safety
    Bureau of Capitol Security
    2 F. No person, except a police officer on duty, shall carry firearms, dangerous weapons, explosives, incendiary devices, or implements which by their nature are capable of being used to destroy or injure a person or property in the Capitol Area.
    1. Definitions as used to describe Capitol Area.
    The following words and phrases, when used in these regulations, shall have the following meanings, unless a different meaning is plainly required by the context:
    A. "Capitol Area" when used in these regulations shall mean the land, building, personal property and facilities owned, leased, occupied, used or possessed by the State in or at:
    (1) The Capitol Area described in I M.R.S.A., Section 814, and
    (2) The District Court Building on State Street, and
    (3) The State Police Barracks and Garage on Hospital Street, and
    (4) Blaine House Complex, and
    (5) Blaine Memorial, and
    (6) The Augusta Mental Health Institute Complex, and
    (7) Any Other State Controlled Locations, Whether Its Owned, Leased, Or Just Used By The State Within The City Limits Of Augusta, Maine.
    Carrying Concealed Firearms: A permit is required to carry a concealed firearm in Maine, except that licensed hunters and trappers are exempt while engaged in these activities; the latter provision does not authorize the carrying of a concealed or loaded firearm in a motor vehicle. Some town offices or city halls issue these permits to residents. If not, contact Maine State Police. Non-residents may obtain concealed weapons permits from the chief of the Maine State Police: (207) 624-7210.
    Loaded Firearms in Motor Vehicles: It is unlawful to have a loaded firearm or crossbow in or on a motor vehicle (including trailer, ATV, aircraft, snowmobile, or railway car). A loaded clip may be carried in a motor vehicle, but it must not be inserted in a firearm. Persons who hold a Maine concealed firearms permit may carry a loaded pistol or revolver in a motor vehicle. Firearms may be transported in a motor vehicle without a concealed firearms permit provided they are (1) unloaded and in plain view, or (2) are unloaded and placed in a remote secure area (such as a locked trunk) away from the control of the occupants of the motor vehicle. For purposes of this law, a muzzle-loading firearm is considered to be loaded only if charged with powder, lead and a primed ignition device or mechanism.
    Baxter State Park (Off Limits to Permit Holders)

    Title 17-A: Part 2 Chapter 17: B
    402. Criminal trespass
    1. A person is guilty of criminal trespass if, knowing that that person is not licensed or privileged to do so, that person:
    C. Enters any place from which that person may lawfully be excluded and that is posted in accordance with subsection 4 or in a manner reasonably likely to come to the attention of intruders or that is fenced or otherwise enclosed in a manner designed to exclude intruders. Violation of this paragraph is a Class E crime; [2001, c. 383, 156 (AFF); 2001, c. 383, 56 (AMD).]
    4. For the purposes of subsection 1, paragraph C, property is posted if it is marked with signs or paint in compliance with this subsection. Proof that any posted sign or paint marking is actually seen by an intruder gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that such posted sign or paint marking is posted in a manner reasonably likely to come to the attention of intruders.

    Title 17-A M.R.S.A. 1057, Possession of firearms in an establishment licensed for on premises
    consumption of liquor
    1. A person is guilty of criminal possession of a firearm if:
    A. Not being a law enforcement officer or a private investigator licensed under Title 32, chapter 89
    and actually performing as a private investigator, the person possesses any firearm on the premises
    of a licensed establishment posted to prohibit or restrict the possession of firearms in a manner
    reasonably likely to come to the attention of patrons, in violation of the posted prohibition or
    restriction
    B. A person convicted of a violation of this section is not eligible to obtain or apply for a permit to
    carry a concealed firearm for 5 years from the date of that conviction.

    Title 17-A 1058. Unauthorized possession of firearm in courthouse
    1. A person is guilty of unauthorized possession of a firearm in a courthouse if that person in fact possesses a firearm in a courthouse.
    2. This section does not apply to:
    A. A law enforcement officer, a corrections officer or a corrections supervisor engaged in the performance of the law enforcement officer's, corrections officer's or corrections supervisor's public duty;
    B. A person possessing an unloaded firearm for the purpose of offering the firearm as evidence in a civil or criminal proceeding if the presiding judge or justice has granted prior approval in writing to the person and the person possesses a copy of the written approval; or
    C. An employee of a courier or security service in the course and scope of employment for the courier or security service, as approved by the state judicial marshal.
    2-A. It is not a defense to a prosecution under this section that the person holds a valid permit to carry a concealed firearm issued under Title 25, chapter 252.
    3. Unauthorized possession of a firearm in a courthouse is a Class D crime.

    Title 26 MRSA 600
    600 Concealed firearms in vehicles
    Firearms in vehicles. An employer or an agent of an employer may not prohibit an employee who has a valid permit to carry a concealed firearm under Title 25, chapter 252 from keeping a firearm in the employee's vehicle as long as the vehicle is locked and the firearm is not visible. This subsection does not authorize an employee to carry a firearm in a place where carrying a firearm is prohibited by law.

    Remember to always ask if you are being detained or are you free to go. That is about all that should be said. If you are told that you are being detained then cooperate. The side of the road is not the place to try to make a wrong right. Cooperate and take it up in a court of law if you believe you civil rights are or have been violated. Once told you are being detained this would be the absolute extent of what you should say: If I am being detained then I hereby invoke and refuse to waive all of the following rights and privileges afforded to me by the U.S. Constitution:
    •- I invoke and refuse to waive my 5th Amendment Right to remain silent. Do not ask me any questions.
    •- I invoke and refuse to waive my 6th Amendment Right to an attorney of my choice. Do not ask me any questions without my attorney present. •- I invoke and refuse to waive all privileges and rights pursuant to the case Miranda v. Arizona. Do not ask me any questions or make any comment to me about this decision. •- I invoke and refuse to waive my 4th Amendment Right to be free from unreasonable searches and seizures. I do not consent to any search or seizure of myself, my home, or of any property in my possession. Do not ask me about my ownership interest in any property. I do not consent to this contact with you. If I am not presently under arrest or under investigatory detention, please allow me to leave. •- Any statement I make, or alleged consent I give, in response to your questions is hereby made under protest and under duress and in submission to your claim of lawful authority to force me to provide you with information.
    Last edited by Shooter McGee; 11-07-2011 at 09:07 AM.

  20. #20
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    Looks about right, but remember the licensed establishment law only applies to places licensed to sell alcohol for on premises consumption. It also only applies to those places that post no firearms in a manner likely to come to the attention of all patrons. For example, the Maine Mall is posted to prohibit weapons, but they are not licensed to sell alcohol. Most bars are licensed to sell alcohol but I haven't seen any yet that are posted no firearms.

  21. #21
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    Quote Originally Posted by boyscout399 View Post
    Looks about right, but remember the licensed establishment law only applies to places licensed to sell alcohol for on premises consumption. It also only applies to those places that post no firearms in a manner likely to come to the attention of all patrons. For example, the Maine Mall is posted to prohibit weapons, but they are not licensed to sell alcohol. Most bars are licensed to sell alcohol but I haven't seen any yet that are posted no firearms.
    I noticed he mentioned Baxter State Park. I thought that all restrictions on state parks were lifted?

    Also, the courthouse prohibition says that it is a Judicial Order. Does that carry the force of law? It also says that one cannot possess a firearm on any area under control or supervision of the judicial branch. Does that make parking lots off limits?

  22. #22
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    Quote Originally Posted by Flashlight View Post
    I noticed he mentioned Baxter State Park. I thought that all restrictions on state parks were lifted?

    Also, the courthouse prohibition says that it is a Judicial Order. Does that carry the force of law? It also says that one cannot possess a firearm on any area under control or supervision of the judicial branch. Does that make parking lots off limits?
    Title 17-A Sec 1058 It's a statute, not just a judicial order.

  23. #23
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    Quote Originally Posted by Flashlight View Post
    I noticed he mentioned Baxter State Park. I thought that all restrictions on state parks were lifted?

    Also, the courthouse prohibition says that it is a Judicial Order. Does that carry the force of law? It also says that one cannot possess a firearm on any area under control or supervision of the judicial branch. Does that make parking lots off limits?
    Quote Originally Posted by boyscout399 View Post
    Title 17-A Sec 1058 It's a statute, not just a judicial order.
    Not according to the statute. It says in a courthouse not on the courthouse property.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

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  24. #24
    Regular Member Shooter McGee's Avatar
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    Quote Originally Posted by boyscout399 View Post
    Title 17-A Sec 1058 It's a statute, not just a judicial order.
    thanks for that statute. i had missed that one and my post is now edited to show said statute. remember, i am well over 2,000 miles west and 9,000 ft above sea level. i can only do so much online. please cut, paste, add to and make any corrections as needed. i'd like this to be as thorough as possible. i really do appreciate everyone's help. oi!

  25. #25
    Regular Member CCinMaine's Avatar
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    Quote Originally Posted by boyscout399 View Post
    Looks about right, but remember the licensed establishment law only applies to places licensed to sell alcohol for on premises consumption. It also only applies to those places that post no firearms in a manner likely to come to the attention of all patrons. For example, the Maine Mall is posted to prohibit weapons, but they are not licensed to sell alcohol. Most bars are licensed to sell alcohol but I haven't seen any yet that are posted no firearms.
    Is the Maine mall posted? My woman drags me there fairly often, but I've never seen it posted. (Kinda new to open carrying everywhere.)

    Sent from my Galaxy Nexus using Tapatalk 2

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