CCW in restaurant with a bar

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I can't recall the exact legality of this in Maine and I am having diffuctly getting definitions for the terms used in the Statutes...Can I carry concealed while at dinner in a restaurant in Maine?
 

Asaltweapon

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I don't recall either but if you are at the eating section and not partaking I believe it's OK. I've seen it a few times at my regular stop but it was open carry. My friend who is the cook/owner came out from the back one day to show me his shotgun. Nobody cared.

If I'm CCing no one but me knows anyway.
 
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opencarry.org says you can.
you want to look at
17-A MRSA 1057
If they post no guns, you cannot.
If they dont post you can.
That is my take from reading it. I am not giving you legal advice.
If you break legal consumption limit, you are committing a crime if carrying.
 
M

MACGYVR

Once again ITS CONCEALED!

Nobody knows you have it. SO WHATS THE PROBLEM? The law has no effect if nobody knows you have it!

Jeesh There has to be 1000 threads on this same stupid conumdrum all over the northeast

Its concealed. Meaning nobody but you knows you have it. So carry as you wish. Chances of pulling your gun to protect your life is slim to none so dont worry about a dumb law or sign. Ifyou have to use it, then worry about it afterwards, but that stupid sign will be the least of your problems.
 
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Once again ITS CONCEALED!

Nobody knows you have it. SO WHATS THE PROBLEM? The law has no effect if nobody knows you have it!

Jeesh There has to be 1000 threads on this same stupid conumdrum all over the northeast

Its concealed. Meaning nobody but you knows you have it. So carry as you wish. Chances of pulling your gun to protect your life is slim to none so dont worry about a dumb law or sign. Ifyou have to use it, then worry about it afterwards, but that stupid sign will be the least of your problems.

So if I go kill a guy and nobody finds out it is ok? You are saying that as long as nobody finds out, breaking the law is ok.
 

Rob Boudrie

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So if I go kill a guy and nobody finds out it is ok? You are saying that as long as nobody finds out, breaking the law is ok.
Read up on malum per-se vs. malum prohibitum.

I think this poster is saying that violating malum prohibitum laws is OK, but makes no such assertion regarding malum per-se laws,.
 
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Read up on malum per-se vs. malum prohibitum.

I think this poster is saying that violating malum prohibitum laws is OK, but makes no such assertion regarding malum per-se laws,.


I get it now. Had to look up what those fancy legal speak words meant though lol.
 
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In short~ you may concealed carry if your BAC is below .08% and facility is not posted. I never recommend mixing liquor and firearms...

§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; or [1989, c. 917, §2 (NEW).]
B. While under the influence of intoxicating liquor or drugs or a combination of liquor and drugs or with an excessive blood-alcohol level, the person possesses a firearm in a licensed establishment. [1989, c. 917, §2 (NEW).]
[ 1989, c. 917, §2 (NEW) .]
2. For the purposes of this section, "licensed establishment" means a licensed establishment as defined by Title 28-A, section 2, subsection 15, the license for which is held by an on-premise retail licensee, as defined by Title 28-A, section 2, subsection 27, paragraph B. For the purposes of this section, "premises" has the same meaning as set forth in Title 28-A, section 2, subsection 24.
[ 1989, c. 917, §2 (NEW) .]
3. It is not a defense to a prosecution under subsection 1 that the person holds a permit to carry a concealed firearm issued under Title 25, chapter 252.
[ 1989, c. 917, §2 (NEW) .]
4. A law enforcement officer who has probable cause to believe that a person has violated subsection 1, paragraph B, may require that person to submit to chemical testing to determine blood-alcohol level or drug concentration. If the court is satisfied that the law enforcement officer had probable cause to believe that the defendant was in violation of subsection 1, paragraph B, and that the person was informed of the requirement to submit to chemical testing, the person's failure to comply with the requirement to submit to chemical testing is admissible evidence on the issue of whether that person was under the influence of intoxicating liquor or drugs.
[ 1989, c. 917, §2 (NEW) .]
5. For purposes of this section, "under the influence of intoxicating liquor or drugs or a combination of liquor and drugs or with an excessive blood-alcohol level" has the same meaning as "under the influence of intoxicants" as defined in Title 29-A, section 2401, subsection 13. "Excessive blood-alcohol level" means 0.08% or more by weight of alcohol in the blood. Standards, tests and procedures applicable in determining whether a person is under the influence or has an excessive blood-alcohol level within the meaning of this section are those applicable pursuant to Title 29-A, sections 2411 and 2431; except that the suspension of a permit to carry concealed firearms issued pursuant to Title 25, chapter 252, or of the authority of a private investigator licensed to carry a concealed firearm pursuant to Title 32, chapter 89, is as provided in those chapters.
[ 1995, c. 65, Pt. A, §57 (AMD); 1995, c. 65, Pt. A, §153 (AFF); 1995, c. 65, Pt. C, §15 (AFF) .]
6. Criminal possession of a firearm is a Class D crime. In addition, as part of every judgment of conviction and sentence imposed, the court shall:
A. Revoke any permit to carry a concealed firearm issued to the person so convicted; and [1989, c. 917, §2 (NEW).]
B. If the person so convicted is licensed as a private investigator, suspend for a period of 5 years that person's right as a private investigator to carry a concealed firearm. [1989, c. 917, §2 (NEW).]
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.
 

KMaurer

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As long as you're not under the influence it's OK. The law used to be much broader on carry in places that served alcohol 10-15 years ago. As a result, a lot of the usual "experts" still haven't got the word.

Ken
 
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Your not allowed in a BAR while armed. You can go into a restaurant that serves booze.

Someone mentioned out sign rule. Any place can put up a sign saying no firearms allowed. However there is no law saying you have to obey the sign nor is there a penalty for ignoring the sign. IF you go into a place with such a sign and are discovered to have a firearm on your person then they can call the police and you may be asked to leave but that's it.
 
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In Maine, Portland anyway. If a restaurant posts a sign at the door that states no firearms, it is legally binding. Meaning, that is your trespass warning.
 

Rob Boudrie

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It's not a "trespass" issue, but a specific gun law that gives signs on the premises of alcohol licensed establishments the force of law.

Travis - Can you provide any cite that back up your assertion that a "bar" is legally different from a restaurant with an alcohol license?
 
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In Maine, Portland anyway. If a restaurant posts a sign at the door that states no firearms, it is legally binding. Meaning, that is your trespass warning.

Sorry. I am a Mainer and we are of the opinion that Maine is everything north of Bangor. South of Bangor is northern Mass. I was only referring to Mane law not local ordinances.
 
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