boyscout399
Regular Member
So I was reading the a memo regarding the City Council Meeting from the City Attorney in Portland and it quoted No carry in Courthouses, Jails, School Grounds, Augusta. The law it posted for Guns Prohibited in Jails is 17-A M.R.S.A §767. So I looked up that law.
The law does not say that carry into a jail is a crime. Only that conveying or attempting to convey it to a prisoner, or being in possession of it while a prisoner is a crime. I would read this to mean that carrying to the open parts of the jail, such as when going to the jail to bail someone out would not be a crime, and since it's not regulated by the state, it cannot be prohibited by the jail due to state preemption.
I would also conservatively say that if you were visiting a prisoner and had access to them, then having the pistol on you could give the prisoner means to take it, and a jury may convict you for conveying it to them by making it available for them to take.
In conclusion. My (non-lawyer) opinion on the matter is that as long as you don't have access to a prisoner, and aren't one yourself, you can carry into a jail in Maine and they cannot legally stop you from doing so.
Here's a link
§757. Trafficking in prison contraband
1. A person is guilty of trafficking in prison contraband if:
A. That person intentionally conveys or attempts to convey contraband to any person in official custody; or [1989, c. 706, §2 (AMD).]
B. Being a person in official custody, he intentionally makes, obtains or possesses contraband. [1975, c. 499, §1 (NEW).]
[ 1989, c. 706, §2 (AMD) .]
2. As used in this section, "official custody" has the same meaning as in section 755. As used in this section, "contraband" means a dangerous weapon or anything that a person confined in official custody is prohibited by statute from making, possessing or trafficking in or a scheduled drug as defined in section 1101, subsection 11, unless the drug was validly prescribed to the person in official custody and was approved for use by the person pursuant to the procedures of the custodial agency.
[ 2009, c. 608, §6 (AMD) .]
3. Trafficking in prison contraband is a Class C crime.
The law does not say that carry into a jail is a crime. Only that conveying or attempting to convey it to a prisoner, or being in possession of it while a prisoner is a crime. I would read this to mean that carrying to the open parts of the jail, such as when going to the jail to bail someone out would not be a crime, and since it's not regulated by the state, it cannot be prohibited by the jail due to state preemption.
I would also conservatively say that if you were visiting a prisoner and had access to them, then having the pistol on you could give the prisoner means to take it, and a jury may convict you for conveying it to them by making it available for them to take.
In conclusion. My (non-lawyer) opinion on the matter is that as long as you don't have access to a prisoner, and aren't one yourself, you can carry into a jail in Maine and they cannot legally stop you from doing so.
Here's a link
§757. Trafficking in prison contraband
1. A person is guilty of trafficking in prison contraband if:
A. That person intentionally conveys or attempts to convey contraband to any person in official custody; or [1989, c. 706, §2 (AMD).]
B. Being a person in official custody, he intentionally makes, obtains or possesses contraband. [1975, c. 499, §1 (NEW).]
[ 1989, c. 706, §2 (AMD) .]
2. As used in this section, "official custody" has the same meaning as in section 755. As used in this section, "contraband" means a dangerous weapon or anything that a person confined in official custody is prohibited by statute from making, possessing or trafficking in or a scheduled drug as defined in section 1101, subsection 11, unless the drug was validly prescribed to the person in official custody and was approved for use by the person pursuant to the procedures of the custodial agency.
[ 2009, c. 608, §6 (AMD) .]
3. Trafficking in prison contraband is a Class C crime.