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.