Long gun question in Maine?

[Bowahstuhn]

Hey everyone. First time on the forum. Been watching for a while.
I'm a Massachusetts resident with an FID Card, and I was wondering about the legality of carrying a long gun for defense against animals in Maine and Northern New Hampshire. As I do have a right to carry firearms, thanks to the rest of the United States' mercy on the northern US, I don't see the need to purchase a hunting permit considering I'm not actually hunting anything. Any laws about strapping a rifle (K98 or SKS) to a backpack for safe hiking?
All input is appreciated.

 

[426wedge]

Maybe this will help http://www.northeastshooters.com/vbulletin/threads/80027-Proper-Transport-while-in-Maine

 

[Bowahstuhn]

426wedge: Appreciate the help, but I already understand the legal ramifications to transport. What I'm referring to here is open carrying in the wilderness.

To restate my question: You see all of these people who will open-carry their AR-15s out on public streets in towns, how can the Maine Warden Service possibly justify that me carrying a rifle in Northern Maine, which is not only bear country, but wolf country, is not for my own protection. Unfortunately, gun laws are irrational, so despite me legally being an adult and being able to get charged with adult crimes, I'm still a "kid" to anti-gun legislators (20 years old).

Note: I called the Maine Warden Service a month ago with the same question out of curiosity, they said "call the State Police". The state police said "call the Warden Service". Typical paradox of contacting any state official...

 

[matt9112]

i think JWP hit it on the head. maybe you could grab a licence to hunt something small?

 

[Bowahstuhn]

i think JWP hit it on the head. maybe you could grab a licence to hunt something small?

If the game wardens and I end up slamming laws at each other, there is no way this can end up well. I'm not intending to hunt. I don't feel I should pay the 74 dollars in small game non-resident hunting fees when I'm not hunting. I'm assuming they consider coyote small game, if not, big game permits are 114 dollars.

Yes, coyote is all-year hunting, however there is no hunting before dawn, after dusk, on Sundays. Since my trips into the wilderness will be 2 weeks (Trip 1), 9 days (Trip 2), and 1 week (Trip 3) this summer, I'll be spending over a month in the wilderness, and personally I'm not gonna die so that a lib can whine about gun laws, or a warden can fabricate his own firearm laws. If they catch me with a gun on a Sunday, especially with a hunting permit, you can bet I'm gonna get charged anyways, so why bother with losing my money to the state department twice.

If I planned on using the permit, or if I planned on hunting, I would buy one. I possess a saltwater fishing permit for Maine because I fish there, that's the law, and I'm a law-abiding citizen. While I don't see why that law exists (being that they don't stock the oceans with fish), I pay it nonetheless. But I won't be bullied into giving money to the state without cause when my country gives me the right to protect myself.

I don't want alternatives, I just want to know if what I'm doing is allowed.

 

[Cabinetman]

Why not open carry a handgun? Isn't that permitted without a physical permit? I know you can't conceal carry without one thus having a non-resident permit is something to pursue. You can open carry your handgun, however, sans permit, correct??

Rome

 

[Bowahstuhn]

Why not open carry a handgun? Isn't that permitted without a physical permit? I know you can't conceal carry without one thus having a non-resident permit is something to pursue. You can open carry your handgun, however, sans permit, correct??

Rome

Unfortunately, I can't own a handgun because I'm 20 like I mentioned. State and federally illegal.

 

[caboose84]

Realistically, unless you roll yourself in bacon grease, the critters are going to leave you alone.

Don't get between a momma bear and her cubs, make noise while walking and hang your food in a tree and odds are you won't see a bear or a wolf.

 

[Bowahstuhn]

Realistically, unless you roll yourself in bacon grease, the critters are going to leave you alone.

Don't get between a momma bear and her cubs, make noise while walking and hang your food in a tree and odds are you won't see a bear or a wolf.

I have personally seen wolf before, and I have personally seen black bear before, and while I'm well aware 99% will leave you alone, there is 1% that predatorily hunts people. The people killed by black bear aren't getting between their mommas and their cubs, they are getting eaten as food.

https://www.youtube.com/watch?v=9PWHNIbS8cE
^This is what I'm talking about.

I refuse to become food, and I have a theory as to why so many people die from bear attacks:
All liberals are too afraid to go into the wilderness.
All conservatives carry to save their own lives.

 

[HuntMaine]

The problem that you would most likely have is from The Warden Service, Many of them would consider having a loaded long gun in the woodlands to be "hunting" and as such they would expect to see a license for that activity. There is always some season for something open(Coyote year round).

This
If youre hiking with a long gun During season you will be assumed to be hunting. No hunting license on you will get you a citation. Even if youre walking along side of the road, the same will apply.

If youre that concerned about being attacked then pick up a can of bear spray, it works on all animals. Also note that in some parks there are some that have no gun policies.

 

[Gibbs]

1. Welcome.

B. I'm going to offer UNsolicited advice, but some that might be on the minds of some NES'rs:

Let your thread sit for a while allowing folks with two to three times your life experience to offer suggestions (and humor).

3. Your question is largely about risk assessment and return on investment: risk from critters, risk from LEO's, risk from local citizenry, ROI of a chunk of your budget.

Read, reflect, decide.

Good luck.

 

[Bowahstuhn]

1. Welcome.

B. I'm going to offer UNsolicited advice, but some that might be on the minds of some NES'rs:

Let your thread sit for a while allowing folks with two to three times your life experience to offer suggestions (and humor).

3. Your question is largely about risk assessment and return on investment: risk from critters, risk from LEO's, risk from local citizenry, ROI of a chunk of your budget.

Read, reflect, decide.

Good luck.

Thanks for the tips. Info appreciated.

 

[caboose84]

The areas where you are most likely to encounter a bear that associates people with food and has lost it's fear of human's would be closer to "civilization"- where there is lots of trash. Or dumb tourists who've seen too many Disney movies and think it's cute to approach wildlife.

Critters in the more remote locations won't have the same association regarding people and food. Less dummies doing dumb things once you've gotten away from roads.

If you are that worried about it, bear spray is the way to go. Lighter and handier than a rifle, and no chance of legal issues.

 

[NHAtHeart]

Being from Maine and living in NH now I agree with what most of the other posters have said. Yes it is legal to open carry a rifle, loaded in both states. Yes if you are walking through the woods a warden might jam you up for hunting without a license. I think you could win it in court, particularly if you had no other hunting tools on you (large hunting knife, game calls etc).

Now, during the non-deer/moose season the odds of seeing a warden wandering around in the woods would be about the same as seeing a Mt. Lion.

Also, make sure you do not lean your firearm against your vehicle while loaded. This has been used before to get people for "loaded long arm inside a vehicle" and last I knew it had held up.

 

[PEW]

Also, make sure you do not lean your firearm against your vehicle while loaded. This has been used before to get people for "loaded long arm inside a vehicle" and last I knew it had held up.

Cite?

 

[NHAtHeart]

Cite?

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. [2005, c. 477, §9 (AMD).]

Maine Law, "In or On"

 

[Cabinetman]

When I was pheasant hunting in South Dakota last fall, the guide told us that we should be driving around with our shotguns loaded, ready to fire in case we see any stray birds flying near the road! I had a hard time getting my head around that.

Rome

 

[DrBurnsides]

That kind of looks like the standard black bear charge(getdafuqawayfrommebro). Bear spray works. If you're really interested in carrying for protection, just grab your LTC in ma, and get the ME LTC. Sidearms are SOOO much easier to carry while hiking. And much less likely to attract the ire of the game wardens.

 

[Bowahstuhn]

Being from Maine and living in NH now I agree with what most of the other posters have said. Yes it is legal to open carry a rifle, loaded in both states. Yes if you are walking through the woods a warden might jam you up for hunting without a license. I think you could win it in court, particularly if you had no other hunting tools on you (large hunting knife, game calls etc).

Now, during the non-deer/moose season the odds of seeing a warden wandering around in the woods would be about the same as seeing a Mt. Lion.

Also, make sure you do not lean your firearm against your vehicle while loaded. This has been used before to get people for "loaded long arm inside a vehicle" and last I knew it had held up.

Thank you very much, along with the other posters. This clarified my question perfectly, and I'll take note of that tip regarding leaning guns on cars. No reason to keep posting on this thread, have a great day everyone.

 

[weekendracer]

I'm way more concerned of running into a moose than a bear. I've seen a grand total of 3 bear in my 7 years up here. I'd be willing to bet I spend more time deep in the woods other than a logger. Professional hunters have to bait bears or run them with dogs, they generally stay away.

Moose are just stupid, any animal with a nose bigger than it's brain is just dumb.

edit: I have got to proofread before hitting reply .

 

[Dradian]

SABRE FRONTIERSMAN Bear Attack Deterrent with Hip Holster - Maximum Strength & Maximum Range - 35 Feet (9.2 oz)
https://www.amazon.com/dp/B000H7N26A/ref=cm_sw_r_awd_0dozvb12ZNZCV

 

[Glennzo]

IMHO The best way would be to carry a bolt rifle, unloaded with the bolt out especially on Sunday as the law reads, (para phrase) If you have a gun in the woods on Sunday that is prima facie evidence of hunting, unless the gun is in 2 parts and cannot be fired unless the parts are joined together. Sounds crazy but then most gun laws are.

 

[Wendell]

...I don't want alternatives...

Just so we're clear, HERE is your alternative, the one that you said you don't want:
http://www.maine.gov/dps/msp/licenses/weapons_permits.html.

Forms / Handbook:

Concealed Handguns Booklet (PDF)
In-State Concealed Handguns Permit Application (PDF)
Non-Resident Concealed Handguns Permit Application(PDF)

Frequently Asked Questions:

Frequently Asked Questions Concerning Concealed Handgun Permits


<http://www.maine.gov/dps/msp/licenses/weapons_permits.html>

Other alternatives...that you really don't want...include being arrested.

 

[Bowahstuhn]

Just so we're clear, HERE is your alternative, the one that you said you don't want:
http://www.maine.gov/dps/msp/licenses/weapons_permits.html.



Other alternatives...that you really don't want...include being arrested.

1. Maine is a traditional open-carry state, which is why I didn't see how one could lawfully be arrested, or even detained for that matter, for having a long gun on his/her bag or slung over their shoulder or back. That question was answered.

2. As I'm under the age of 21 and over the age of 18 (as I stated twice, I'm 20 years old), I would be spending time in federal prison for handgun possession. I'm not going to concern myself with the opinion of legislators or enforcers if their handgun laws are too unreasonable for me to protect myself, especially considering I would not be in the wrong with regards to long gun open carrying.

If enforcers have an issue with my entirely lawful method of protecting myself and my friends, they can take it up with me in court and lose.

So, to clarify:
-As a 20 year old, I am too young to lawfully carry a handgun, and therefore must carry a long gun.
-Carrying a long gun openly in Maine is entirely legal for one's own protection, as clarified by the people above.
-If the police accuse me of poaching, I'm not.
-I won't be dressed in camouflage like a hunter
-I won't be on hunting grounds
-I won't have hunting equipment (calls, scents, baits, skinning knives, etc.)

I personally see no chance in me getting in trouble, considering one can legally walk around in Maine's cities with a rifle or shotgun.

My intention of starting this thread was to seek experience from people who may have open-carried in the Wilderness of Maine before. I know it's legal, but I'd much rather not be bothered than be unlawfully arrested, even if it means winning in court and wasting countless hours of my life for no reason. As we plan to be off-trail, I figured the odds of running into an irrationally fearful Lib will be small, but I know game wardens are vigilant and very meticulous in their line of work. I appreciate all of the info that people have given me, and think my questions have been resolved, so this will likely be my final post on this thread.

To anyone who made input, regardless of whether or not it helped, thank you.

 

[NHAtHeart]

1. Maine is a traditional open-carry state, which is why I didn't see how one could lawfully be arrested, or even detained for that matter, for having a long gun on his/her bag or slung over their shoulder or back. That question was answered.

2. As I'm under the age of 21 and over the age of 18 (as I stated twice, I'm 20 years old), I would be spending time in federal prison for handgun possession. I'm not going to concern myself with the opinion of legislators or enforcers if their handgun laws are too unreasonable for me to protect myself, especially considering I would not be in the wrong with regards to long gun open carrying.

If enforcers have an issue with my entirely lawful method of protecting myself and my friends, they can take it up with me in court and lose.

So, to clarify:
-As a 20 year old, I am too young to lawfully carry a handgun, and therefore must carry a long gun.
-Carrying a long gun openly in Maine is entirely legal for one's own protection, as clarified by the people above.
-If the police accuse me of poaching, I'm not.
-I won't be dressed in camouflage like a hunter
-I won't be on hunting grounds
-I won't have hunting equipment (calls, scents, baits, skinning knives, etc.)

I personally see no chance in me getting in trouble, considering one can legally walk around in Maine's cities with a rifle or shotgun.

My intention of starting this thread was to seek experience from people who may have open-carried in the Wilderness of Maine before. I know it's legal, but I'd much rather not be bothered than be unlawfully arrested, even if it means winning in court and wasting countless hours of my life for no reason. As we plan to be off-trail, I figured the odds of running into an irrationally fearful Lib will be small, but I know game wardens are vigilant and very meticulous in their line of work. I appreciate all of the info that people have given me, and think my questions have been resolved, so this will likely be my final post on this thread.

To anyone who made input, regardless of whether or not it helped, thank you.

Just to clarify one point, it is not illegal for you to carry a handgun in Maine under 21. It is illegal for a dealer to sell you a handgun, and you can't get a LTC in MA until 21.

 

[HuntMaine]

1. Maine is a traditional open-carry state, which is why I didn't see how one could lawfully be arrested, or even detained for that matter, for having a long gun on his/her bag or slung over their shoulder or back. That question was answered.

2. As I'm under the age of 21 and over the age of 18 (as I stated twice, I'm 20 years old), I would be spending time in federal prison for handgun possession. I'm not going to concern myself with the opinion of legislators or enforcers if their handgun laws are too unreasonable for me to protect myself, especially considering I would not be in the wrong with regards to long gun open carrying.

If enforcers have an issue with my entirely lawful method of protecting myself and my friends, they can take it up with me in court and lose.

So, to clarify:
-As a 20 year old, I am too young to lawfully carry a handgun, and therefore must carry a long gun.
-Carrying a long gun openly in Maine is entirely legal for one's own protection, as clarified by the people above.
-If the police accuse me of poaching, I'm not.
-I won't be dressed in camouflage like a hunter
-I won't be on hunting grounds
-I won't have hunting equipment (calls, scents, baits, skinning knives, etc.)

I personally see no chance in me getting in trouble, considering one can legally walk around in Maine's cities with a rifle or shotgun.

My intention of starting this thread was to seek experience from people who may have open-carried in the Wilderness of Maine before. I know it's legal, but I'd much rather not be bothered than be unlawfully arrested, even if it means winning in court and wasting countless hours of my life for no reason. As we plan to be off-trail, I figured the odds of running into an irrationally fearful Lib will be small, but I know game wardens are vigilant and very meticulous in their line of work. I appreciate all of the info that people have given me, and think my questions have been resolved, so this will likely be my final post on this thread.

To anyone who made input, regardless of whether or not it helped, thank you.

Fyi a couple did this over the past year. Got pulled in and hasseled but let off. Not sure how it wpuld play in Mass likely a condition to call you unsuitable. However I drive around withy ARs in rack open in my Jeep...get a few looks but never a problem.

 

[PEW]

2. As I'm under the age of 21 and over the age of 18 (as I stated twice, I'm 20 years old), I would be spending time in federal prison for handgun possession.

This is not true. I held a NH pistol/revolver license before the age of 21. Don't make up laws; there are enough real ones out there without adding our own.

 

[Bowahstuhn]

This is not true. I held a NH pistol/revolver license before the age of 21. Don't make up laws; there are enough real ones out there without adding our own.

18 U.S.C. § 922(b)(1), (c)(1)
Dealers may not sell or deliver a handgun or ammunition for a handgun to any person the dealer has reasonable cause to believe is under age 21.

Federal Law^

State Law: MGL Part 1, Title XX, Chapter 140, Section 131 states the following: "All licenses to carry firearms shall be designated Class A or Class B, and the issuance and possession of any such license shall be subject to the following conditions and restrictions: ... (iv) is at the time of the application less than 21 years of age;"

 

[weekendracer]

1. Maine is a traditional open-carry state, which is why I didn't see how one could lawfully be arrested, or even detained for that matter, for having a long gun on his/her bag or slung over their shoulder or back. That question was answered.

2. As I'm under the age of 21 and over the age of 18 (as I stated twice, I'm 20 years old), I would be spending time in federal prison for handgun possession. I'm not going to concern myself with the opinion of legislators or enforcers if their handgun laws are too unreasonable for me to protect myself, especially considering I would not be in the wrong with regards to long gun open carrying.

If enforcers have an issue with my entirely lawful method of protecting myself and my friends, they can take it up with me in court and lose.

So, to clarify:
-As a 20 year old, I am too young to lawfully carry a handgun, and therefore must carry a long gun.
-Carrying a long gun openly in Maine is entirely legal for one's own protection, as clarified by the people above.
-If the police accuse me of poaching, I'm not.
-I won't be dressed in camouflage like a hunter
-I won't be on hunting grounds
-I won't have hunting equipment (calls, scents, baits, skinning knives, etc.)

I personally see no chance in me getting in trouble, considering one can legally walk around in Maine's cities with a rifle or shotgun.

My intention of starting this thread was to seek experience from people who may have open-carried in the Wilderness of Maine before. I know it's legal, but I'd much rather not be bothered than be unlawfully arrested, even if it means winning in court and wasting countless hours of my life for no reason. As we plan to be off-trail, I figured the odds of running into an irrationally fearful Lib will be small, but I know game wardens are vigilant and very meticulous in their line of work. I appreciate all of the info that people have given me, and think my questions have been resolved, so this will likely be my final post on this thread.

To anyone who made input, regardless of whether or not it helped, thank you.

If you are so sure about this, why bother coming to those of us with your entire life's worth of experience dealing with these issues. I didn't have much to add, I'm on a first name basis with most of the wardens in the state, I don't normally have issues. I don't know specific laws as they apply to carrying without tin.

There is the law, and as painfully displayed at times, and what is reality. Several people gave you advice. Do with it what you will. Have fun dealing with some of the most powerful law enforcement in the state.

 

[soloman02]

Unfortunately, I can't own a handgun because I'm 20 like I mentioned. State and federally illegal.

Wrong. Federal law does not prohibited possession of a handgun by someone at the age of 18. It prohibits possession by minors and prohibits licensed dealers from selling a handgun to someone under 21. A private sale is completely legal for someone age 18. Case in point, my father gifted me a handgun for my 18th birthday. I also applied for and received my NH conceal carry license before age 21.

Yes in Mass you can't get an LTC, but there is no law in Maine that prevents a friend from loaning you a handgun to carry while in Maine. Obviously if someone lends you a handgun, don't take it across the border into NH or Mass as that would constitute an interstate transfer of a handgun without a background check and thus federally illegal.