City Councilman Proposes Violation of Law & Oath of Office

[MaineCWPtraining]

Greetings,

I was dismayed to here a report on WGAN Radio that councilman Dan Skolick is proposing a counter demonstration to the open carry informational gathering planned this weekend in Portland. I had not planned on participating until I heard a councilor of Maine's largest city make a proposal contrary to Maine Statute and his Oath to Preserve and Protect our Constitution.

The proposal is to allow municipalities make firearm regulations. Here is the law:

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY

Part 5: PUBLIC SAFETY

Chapter 252-A: FIREARMS REGULATION HEADING: PL 1989, C. 359 (NEW)

§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.

[ 1989, c. 359, (NEW) .]
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.

Here is the section of the Maine Constitution under attack in violation of Councilman Skolnik's Oath of Office:

Article I Section 16. To keep and bear arms. Every citizen has a right to keep and bear arms and this right shall never be questioned.

Please reconsider your attack on our rights.


Paul J. Mattson
NRA Certified Instructor / RSO
#63731855
Maine CWP Training
101 Main St.
Harrison, ME 04040

(207) 583-4723
CELL 232-7063

www.MaineCWPtraining.com

SPREAD THE WORD PLEASE

 

[MaineCWPtraining]

Because it it would be an action within the Maine Constitution to change Maine law. That oath is not violated by advocating a change in the law; it is broken by advocating breaking the law. Otherwise every legislator would be in violation every time they vote on an amendment to any law.


Dan Skolnik
City Council, District 3
City of Portland
389 Congress St.
Portland, Maine 04101
207.831.7343

[email protected]
And how does your action preserve and protect the Maine Constitution?

 

[MaineCWPtraining]

Because it it would be an action within the Maine Constitution to change Maine law. That oath is not violated by advocating a change in the law; it is broken by advocating breaking the law. Otherwise every legislator would be in violation every time they vote on an amendment to any law.


Dan Skolnik
City Council, District 3
City of Portland
389 Congress St.
Portland, Maine 04101
207.831.7343

[email protected]>04/20/10 1:30 PM
And how does your action preserve and protect the Maine Constitution?

 

[MaineCWPtraining]

The "LAW" action was already resolved by a Democratic controlled legislature as cited.

The "CONSTITUTION" has no room for a 5th grader to misinterpret. One single sentence. What changes to Article I Section 16 do you plan to preserve and protect?

 

[MaineCWPtraining]

Portland pro-gun rally gets response from foes
Gun control activists are planning a demonstration to counter the open-carry event Sunday on Back Cove.

PORTLAND - Gun control advocates are organizing a counter-demonstration in response to an "open carry" firearm event planned for Sunday.

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Both events are scheduled for 2 p.m. at the Preble Street parking lot near Back Cove, across from the Hannaford supermarket.

Gun control advocates say that even though carrying a holstered weapon in public is allowed under state law, they don't think it's safe or responsible in Maine's largest city.

"We're not going to normalize antisocial behavior," said Dan Skolnik, a city councilor who chairs the council's Public Safety Committee.

The open-carry event reflects a national movement in which gun owners are asserting their constitutional right to bear arms. The counter-rally may start a broader dialogue about gun control in Maine, a debate that Skolnik and other organizers hope could reach the state Legislature next year.

Maine prohibits communities from regulating firearms and ammunition. Cathie Whittenburg, director of the New England Coalition to Prevent Gun Violence, said she would like to see that law amended so communities such as Portland could have some local control.

"It's not about strapping a Glock on your hip and walking down Congress Street," she said of the existing state law.

Portland once had an ordinance that prohibited openly carrying a weapon in the city between sunset and sunrise. But the Legislature passed a law in 1989 that pre-empted municipal gun control, in response to an effort by then-Portland Police Chief Michael Chitwood to enforce the ordinance.

This weekend's events are being planned at a time of renewed debate over the role of firearms in modern American society.

In California, protesters carrying guns and rifles spoke out Monday against a proposed law to ban people from openly carrying guns. In Virginia, armed gun-rights supporters rallied at a national park Monday in response to a new federal law allowing guns in national parks.

In Maine, lawmakers last month modified a bill that would have continued to outlaw firearms in Acadia National Park. The final measure relaxed proposed restrictions and allows people with concealed-weapons permits to bring guns into the park.

The Legislature has adjourned until January, and residents will elect a new governor and many new lawmakers before then. So it's too soon, Skolnik and Whittenburg said, to know whether there would be any support for legislation to allow communities to regulate firearms.

"Realistically, it's hard to do," Whittenburg said. "No one wants to go up against the gun lobby."

As gun control advocates see it, Maine's rural heritage and tradition of carrying guns is out of place in a modern, urban setting. That's especially true in an era when well-publicized mall and campus shootings have led many people to fear loaded weapons in society.

But gun-rights supporters counter that armed citizens make communities safer, by deterring potential criminals. They say restrictions affect only residents who abide by the law, not the criminals who prey on defenseless victims.

Caught in the middle of the growing debate is Portland's police chief, James Craig.

Crime isn't the major issue, Craig said, it's public safety. Craig said he's more concerned about a gun accidentally firing if people are walking on Congress Street with holstered handguns.

"I'm not comfortable with it," Craig said, "but I have an obligation to support the Constitution."

Generally speaking, Craig said, he wouldn't oppose an effort in the Legislature to allow Portland to control guns, but it's hard to form an opinion without knowing the details of any proposal.

For all the media attention the two events are getting, it's hard to say how many people will participate Sunday. Neither side is predicting a big turnout.

The organizer of the open-carry event, Shane Belanger, said he has noted 23 confirmed attendees on an Internet forum devoted to the topic, and 16 people who say they may come.

Belanger said he welcomes participation by the anti-gun groups. The resulting discussion could help both sides explain their positions, he said.

"I think it's great," he said. "They're getting their voices heard. That's America."

 

[MaineCWPtraining]

Pro-gun rally shines light on liberal laws
By Ann S. Kim [email protected]
Staff Writer


PORTLAND — Gun owners plan to meet in Back Cove today with firearms in holsters.



Participants in the open-carry event will be asserting their constitutional right to bear arms in a state with some of the most permissive firearms laws in the nation.

Today's open-carry event was organized by Shane Belanger, a University of Southern Maine freshman who grew up in Caribou.

"I'd like to see a bunch of people coming out, having a good time, eating some food, swapping some stories," said Belanger.

Belanger said he's got 41 people confirmed as guests to attend the barbecue, along with another 25 or so possible attendees, and three dogs. Belanger said his father may come down from The County to participate.

"He's pretty excited – he's very pro-Second Amendment," said Belanger, adding that he personally didn't plan to bring a gun to the event.

Belanger said he thought public response to the event has been positive. Some are wondering what's going to happen, he said.

READ MORE

 

[MaineCWPtraining]

Peace prevails on both sides at gun rally
The Portland event draws 125 open-carry backers and about 30 protesters

But up close, it was clear this was no ordinary barbecue. Most of the 125 people who showed up were carrying some kind of gun.

They were there to show their support for their constitutional right to bear arms at a rally organized by University of Southern Maine freshman Shane Belanger.

The event featured some flag waving and anti-Obama posters. A Jeep with what appeared to be a mounted machine gun was on display. Mostly, people stood around, talking and eating.

"This is a pretty good turnout," said Belanger, who left his gun at home in Caribou.

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