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Constitutional Carry!

boyscout399

Regular Member
Joined
May 23, 2008
Messages
905
Location
Lyman, Maine
OMG this is BAD Shane. Did you read the text of the bill? It gives Portland what it wants with City Hall.

Any structure owned by the state or a political subdivision of the State. Also Polling places would now be off limits...

Unless perhaps Section 2 is staying intact in Title 25 Sec 2001-A? Then if you got the optional permit they couldn't kick you out? Also the provision only seems to apply to Concealed Carry, so Open Carry would still be legal in those places? But it says they can ask you to remove the firearm...

This is a dangerous compromise and it's full of legal conundrums. If this section is amended as written now here are the situations I see arising.

I OC into Town Hall, they ask me to put the weapon away, I refuse because I am not CCing and therefore do not fall under the provisions of this statute. They cannot do anything further because of State Preemption. Due to the poor wording of this bill, the police get called, and I get arrested and my weapon is confiscated for me not complying with their request.

I CC into Town Hall, but I have an Optional CC permit and am therefore exempt from the provisions of this statute. They ask to hold my weapon while I'm there and I refuse because I have a CC Permit and am exempt. Due to the poor wording of this bill the police are called and I am arrested and my weapon is confiscated for not complying with their request...


Wear under the person's clothes or conceal about the person's person a firearm, slungshot, knuckles, bowie knife, dirk, stiletto or other dangerous or deadly weapon usually employed in the attack on or defense of a person . when the person is in or entering:
(1) A structure, vehicle or craft owned, leased or operated by the State or a political subdivision of the State after a reasonable request by the operator of the structure, vehicle or craft to remove the dangerous or deadly weapon and place it in the custody of the operator for temporary and secure storage;

(2) An event of limited duration that is either operated or sponsored by a public entity or a private entity subject to a permit or license granted by a public entity after a reasonable request by the operator or sponsor of the event to remove the dangerous or deadly weapon and place it in the custody of the operator or sponsor for temporary and secure storage;

(3) A polling place on the day of an election;

(4) The grounds or buildings of a school;

(5) A nuclear power plant or hydroelectric facility; or

(6) An establishment licensed under Title 28-A, chapter 43 for the sale of spirits, wine or malt liquor to be consumed on the premises if the licensee has posted a sign visible to the public that clearly prohibits the possession of weapons on the licensed premise
 

boyscout399

Regular Member
Joined
May 23, 2008
Messages
905
Location
Lyman, Maine
Another problem. Isn't the town of Bar Harbor within Acadia National Park? What if I want to Open Carry to my Polling Place as allowed by this new law, but I'm in Acadia so I am required to Conceal Carry due to the Acadia law? Hrm, what's a responsible gun owner to do?
 

boyscout399

Regular Member
Joined
May 23, 2008
Messages
905
Location
Lyman, Maine
Hypothetically, would this mean that anyone entering a public entity will be asked if they are carrying?

Theoretically. But if you are CCing with a permit or OCing without a permit, then they can't take your gun, but if you're CCing without a permit, then they can store your gun... But what if you're CCing without a permit and transition to OC? Then they can no longer ask you to remove it. It's so confusing and Portland is going to interpret it as allowing them to remove all guns OC or CC when this wording does give them that right.
 

boyscout399

Regular Member
Joined
May 23, 2008
Messages
905
Location
Lyman, Maine
Shane is assuring me that this is a first draft which alleviates a small amount of my concern. IMO we need to fight to have 1.B.(1) and 1.B.(2) removed from this bill. Also to avoid conflict with other statutes it would need a repeal of 17-A Sec 1057 and 20-A Sec 6552.
 

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,600
Location
, ,
What REALLY Needs to Happen is that They need to REPEAL all of Maine Statute 2001-A, Sub. 1-A of Title 25!
 
Last edited:

Flashlight

Regular Member
Joined
Jul 6, 2010
Messages
68
Location
Indiana
So this would mean that I could carry into either openly or concealed with a permit into a school? I see no mention of prohibition in jails or courthouses so there is no prohibition there?
 

boyscout399

Regular Member
Joined
May 23, 2008
Messages
905
Location
Lyman, Maine
So this would mean that I could carry into either openly or concealed with a permit into a school? I see no mention of prohibition in jails or courthouses so there is no prohibition there?

This is not the only law in Maine and unless other laws are repealed they would still apply. This law doesn't expressly give permission to do anything, it's just less restrictive. So Title 20-A Section 6552 would still prohibit carrying in schools and Title 17-A Section 1058 would still prohibit carrying in a courthouse. State agency rule making laws would allow the Dept of Corrections to make rules that hold the weight of law with regard to carrying in jails.
 

doorbell

Regular Member
Joined
Oct 22, 2009
Messages
64
Location
Portland, Maine-Bar Harlem, Maine
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