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Maine gets storage and gunshot reporting laws

Maine's child access bill, LD 759, doesn't look too egregious, or all that different from the equivalent New Hampshire law (RSA 650-C:1)?

LD759 said:
Sec. 2. 17-A MRSA §554, sub-§1, ¶B-4 is enacted to read:
B-4. Acting with criminal negligence stores or leaves on premises that are under the person's control a loaded firearm in a manner that allows a child under 16 years of age to gain access to the loaded firearm without the permission of the child's parent, foster parent or guardian and the child in fact gains access to the loaded firearm and:
(1) Uses the loaded firearm in a reckless or threatening manner;
(2) Uses the loaded firearm during the commission of a crime; or
(3) Discharges the loaded firearm.
Violation of this paragraph is a Class D crime;

Sec. 3. 17-A MRSA §554, sub-§4 is enacted to read:
It is an affirmative defense to prosecution under subsection 1, paragraph B-4 that:
D. The person has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises where the person stores or leaves the loaded firearm;
E. A child in fact gains access to the loaded firearm as the result of a criminal trespass...
Click to expand...
The similar NH law has been in effect for +20 years and hasn't been abused, nor amended to make it easier for prosecutors to abuse.
 
Safe storage is a personal responsibility and there are zero valid reasons to create laws for this. Oh, what about the fact that you can't control someone else's kids / guns? Don't let your kids hang out with idiots' kids.

Safe storage is abused BIG TIME in Massachusetts. NFW should Maine be opening up that can of worms.
 
Mountain said:
Safe storage is a personal responsibility and there are zero valid reasons to create laws for this. Oh, what about the fact that you can't control someone else's kids / guns? Don't let your kids hang out with idiots' kids.

Safe storage is abused BIG TIME in Massachusetts. NFW should Maine be opening up that can of worms.
Click to expand...

@bigal - that's what the problem is with the storage law - the abuse of it.
 
www.northeastshooters.com

Safe storage laws unconstitutional?

Why are the storage laws even still on the books. Didn't the Supreme Court rule in D.C vs. Heller that requiring someone to keep their gun locked, disassembled, or otherwise not accessible during a self defensive situation is unconstitutional? Wasn't that further incorporated and made the law of...
www.northeastshooters.com www.northeastshooters.com
 
Mountain said:
Safe storage is a personal responsibility and there are zero valid reasons to create laws for this. Oh, what about the fact that you can't control someone else's kids / guns? Don't let your kids hang out with idiots' kids.

Safe storage is abused BIG TIME in Massachusetts. NFW should Maine be opening up that can of worms.
Click to expand...

Growing up in our house my Father had rifles, pistols and shotguns in his closet and we followed Dads storage laws "Touch them and I'll kill you" [rofl]
However all you had to do is ask to see and properly handle any firearms and he would gladly take the time with any of his children.

Privilege and respect are earned

Thanks Dad
 
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Mountain said:
Safe storage is a personal responsibility and there are zero valid reasons to create laws for this. Oh, what about the fact that you can't control someone else's kids / guns? Don't let your kids hang out with idiots' kids.

Safe storage is abused BIG TIME in Massachusetts. NFW should Maine be opening up that can of worms.
Click to expand...
I was totally unaware we had a problem that needed fixing.
No kids.
No care.
 
BarnBuilder said:
Growing up in our house my father had rifles, pistols and shotguns in his closet and we followed Dads storage laws "Touch them and I'll kill you" [rofl]
However all you had to do is ask to see and properly handle any firearms and he would gladly take the time with any of his children.

Thanks Dad
Click to expand...
Exact same rule with my dad and in turn, me with my kids. [thumbsup]
 
If the kids aren't home you have to wait until they get home before you can put the guns away-interesting.
 
Mountain said:
Safe storage is a personal responsibility and there are zero valid reasons to create laws for this. Oh, what about the fact that you can't control someone else's kids / guns? Don't let your kids hang out with idiots' kids.

Safe storage is abused BIG TIME in Massachusetts. NFW should Maine be opening up that can of worms.
Click to expand...

I don't like any stupid f***ing "safe storage" laws, but it is worth noting that this Maine garbage is substantially different than the mass one.

Mass law for safe storage is, IIRC, a DISABLING FELONY. In Maine its a Class D which is still below PP level. It's shit but not disabling, at least.

The Mass law does not give a shit about children being present or not. (although, the intent of the law was probably for this purpose, they simply couldn't be bothered to
delineate that and express it into the law. ) You can have a gun loose in a house in MA that no children have access to in any way shape or form, and be "default" in violation just for having the gun laying around, even if there were no kids involved, touching it, etc. The same is not true in NH or even under this ME law. You actually have to connect some stupid kid bullshit to a gun to get a conviction in NH or ME.

On top of it if you read the ME law as written- The kid ACTUALLY HAS TO DO SOMETHING BAD with the firearm that was picked up, in order to secure a conviction. Good luck with that.

So if you have a mature 15 year old in your house that you're pretty sure isnt going to be a f***tard with a gun, its OK if he has access to the gun.

It's not just access, but the idea of a kid doing something stupid with the gun. Both have to be satisfied to secure a conviction.
 
allen-1 said:
@bigal - that's what the problem is with the storage law - the abuse of it.
Click to expand...
There's always abuse, I understand and I know it is abused here. But, with the times we are in now there are a lot of people who just don't care and will not keep firearms away from their children. Yes, years ago when our parents said not to touch them, you didn't touch them. Today's generation just don't care because they're too busy to even tell their kids what not to do.
 
BigAl23 said:
There's always abuse, I understand and I know it is abused here. But, with the times we are in now there are a lot of people who just don't care and will not keep firearms away from their children. Yes, years ago when our parents said not to touch them, you didn't touch them. Today's generation just don't care because they're too lazy to even tell their kids what not to do.
Click to expand...
FIFY
 
drgrant said:
I don't like any stupid f***ing "safe storage" laws, but it is worth noting that this Maine garbage is substantially different than the mass one.

Mass law for safe storage is, IIRC, a DISABLING FELONY. In Maine its a Class D which is still below PP level. It's shit but not disabling, at least.

The Mass law does not give a shit about children being present or not. (although, the intent of the law was probably for this purpose, they simply couldn't be bothered to
delineate that and express it into the law. ) You can have a gun loose in a house in MA that no children have access to in any way shape or form, and be "default" in violation just for having the gun laying around, even if there were no kids involved, touching it, etc. The same is not true in NH or even under this ME law. You actually have to connect some stupid kid bullshit to a gun to get a conviction in NH or ME.

On top of it if you read the ME law as written- The kid ACTUALLY HAS TO DO SOMETHING BAD with the firearm that was picked up, in order to secure a conviction. Good luck with that.

So if you have a mature 15 year old in your house that you're pretty sure isnt going to be a f***tard with a gun, its OK if he has access to the gun.

It's not just access, but the idea of a kid doing something stupid with the gun. Both have to be satisfied to secure a conviction.
Click to expand...

So you're saying it's a solid turd vs. a wet runny one with corn?
 
BarnBuilder said:
Growing up in our house my father had rifles, pistols and shotguns in his closet and we followed Dads storage laws "Touch them and I'll kill you" [rofl]
However all you had to do is ask to see and properly handle any firearms and he would gladly take the time with any of his children.

Privilege and respect are earned

Thanks Dad
Click to expand...
Pretty much the same here.
My Dad kept a 38 chief's special in a drawer.
When i was 8 we went down to the sand pit , he had me hold it . put his hands around mine.
BOOM [shocked]
Ok now you know what it does and where I keep it. don't ever touch it .
Yes sir.
 
It goes to show how all these states coordinate with each other because here in RI they have safe storage law come up every year and it gets held in committee but not this year. Looks like it's going to pass in RI this year too.
 
drgrant said:
I don't like any stupid f***ing "safe storage" laws, but it is worth noting that this Maine garbage is substantially different than the mass one.

Mass law for safe storage is, IIRC, a DISABLING FELONY. In Maine its a Class D which is still below PP level. It's shit but not disabling, at least.

The Mass law does not give a shit about children being present or not. (although, the intent of the law was probably for this purpose, they simply couldn't be bothered to
delineate that and express it into the law. ) You can have a gun loose in a house in MA that no children have access to in any way shape or form, and be "default" in violation just for having the gun laying around, even if there were no kids involved, touching it, etc. The same is not true in NH or even under this ME law. You actually have to connect some stupid kid bullshit to a gun to get a conviction in NH or ME.

On top of it if you read the ME law as written- The kid ACTUALLY HAS TO DO SOMETHING BAD with the firearm that was picked up, in order to secure a conviction. Good luck with that.

So if you have a mature 15 year old in your house that you're pretty sure isnt going to be a f***tard with a gun, its OK if he has access to the gun.

It's not just access, but the idea of a kid doing something stupid with the gun. Both have to be satisfied to secure a conviction.
Click to expand...
I agree with what you wrote but “reckless endangerment “ should already cover what they’re trying to cover here. I’m not a fan of this. Hammers, nails and all…….
 
Jude Thaddeus said:
My thirteen year old has his own AR in his closet. It’s locked in the safe when we’re not home but in his closet when he’s home alone. Storage laws can suck my big white hairy ass.
Click to expand...


I didn't grow up with an AR in the closet. I had a 12 gauge shotgun. My dad taught me gun safety, and I passed that down to my son. You have obviously done the same... Good on you!!! :)
 
BarnBuilder said:
Growing up in our house my father had rifles, pistols and shotguns in his closet and we followed Dads storage laws "Touch them and I'll kill you" [rofl]
However all you had to do is ask to see and properly handle any firearms and he would gladly take the time with any of his children.

Privilege and respect are earned

Thanks Dad
Click to expand...
Mom told us her dad would come home and hang his duty belt on a doorknob in her parents' bedroom. The kids knew enough to NOT touch it. I imagine that my grandfather would have used the baton on the other side of the belt to whoop their ass if they ever did. He was not opposed to corporal punishment, including that of disobedient grandchildren.
 

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