Portland City Code 17-42?

[late08]

Whats the deal with Portland City Code 17-42 (and 43 for that matter)?

I thought localities cannot pre-empt state law in Maine?

http://portlandmaine.gov/DocumentCe...es-Miscellaneous-Provisions---Revised-1022017

Sec. 17
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42. Same
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Carrying at nighttime prohibited; exception.
(a)No person shall have in his possession in or on any street, way, sidewalk, park or other public place, or in any motor vehicle on or in any street, way, sidewalk, park, or other public place between the time of sunset of any day and sunrise of the following day any loaded BB gun, air gun of any kind, gas pellet gun of any kind, firearm of any kind or description or any other such weapon.

 

[ioman2]

i followed your link and found this after 17-2

*Editor’s Note: State law on possession of firearms pre-empts this section. See 25 M.R.S.A. §2011: see also 25 M.R.S.A. §2001-A. Firearm is as defined in 17-A M.R.S.A. §2, 12-A: “Firearm” means any weapon, whether loaded or unloaded, which is designed to expel a projectile by the action of an explosive and includes any such weapon commonly referred to as a pistol, revolver, rifle, gun, machine gun or shotgun. Any weapon which can be made into a firearm by the insertion of a firing pin, or other similar thing, or by repair, is a firearm.)

 

[late08]

Yeah, I saw that too. So I assume that there was a time that state law did not pre-empt local law when the code was written? Or Portland tried to enact their own law and it doesn't really stand?

 

[late08]

I am assuming that this: Title 25, §2011: State preemption

...voids the sections I pointed out in the Portland City code. Title 25 Section 2011 seems to have been enacted in 1989. The two sections of city code I pointed out were 1972 and 1975.

So I guess they just leave them in the city code for historical purposes? Kind of odd since it might trip someone up. Just remove it if its no longer valid.