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Why get a Maine Non-Res LTC?

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Bear with me, I'm new...and I'm just going on what I've read here...

If next weekend I need to visit family in Maine, I can drive up there with my handgun unloaded and locked in my trunk...and when I've arrived at my destination I can OPEN CARRY, but I can't concealed carry?

My Massachusetts mind is having trouble believing this! [smile]
 
I guess then that the advantage of a Non-Res. Permit is my peace of mind and maybe the chance to visit a restaurant without scaring the wait staff.
 
I live in Western Maine and I would like to point out that I have never seen anyone open carry around here. It is legal but since it is never seen it may attract attention, unwarrented and/or unwanted or not.
 
ME / NH Carry

I too have a place in ME and got my NY and Maine permits. A) It's fast and easy to get them. B) Now you can drive to Maine from MA carrying while you pass through NH tolls. Of course, I also spend a lot of time in NH so having both is necessary for snowmobiling / fishing.

I wouldn't carry OPEN unless I was in the sticks, and even then sparingly. I'll carry around my camp open and stuff, but stores and restaurants be careful. Sanford police has told me that open carry is legal but you will be questioned - it's not worth the hassle and attention.

Also in Maine they have a law where bars may post "no firearms allowed" be sure to look for that if you carry somewhere that serves liquor.

Steve
www.zombieoutfitters.net
 
No matter what licensing you have, NO CARRYING in Govt buildings or where liquor is served.

As far as Open Carry? I do during hunting season and have never been stopped or questioned, but then again I'm not flaunting. If I go into a restaurant or a store, I leave it in the car.
 
martin08 said:
No matter what licensing you have, NO CARRYING in Govt buildings or where liquor is served.

As far as Open Carry? I do during hunting season and have never been stopped or questioned, but then again I'm not flaunting. If I go into a restaurant or a store, I leave it in the car.
Click to expand...

What do you mean by government buildings? I know Post Offices, schools and court houses are out. I am not aware of any other restrictions.
 
Martin08~ You may open or concealed carry where alcohol is served in Maine unless otherwise posted at the door and your BAC does not exceed .08.

§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.
 
NinerMaine~ All federal agencies ie; SS, IRS..., State Capitol, Public Schools and grounds including College campuses, POs, State Parks, Posted bars, Courts, County and State jails are also prohibited places in Maine.
 
MaineCWPtraining said:
NinerMaine~ All federal agencies ie; SS, IRS..., State Capitol, Public Schools and grounds including College campuses, POs, State Parks, Posted bars, Courts, County and State jails are also prohibited places in Maine.
Click to expand...

Hmm.... I believe one of is wrong and I am not sure which one of us it is.

I agree with you on public schools and grounds, PO's, posted bars and court houses. Jailhouses if you want to visit someone I imagine would be the case. Federal buildings are federal property and so the Federal rules would apply.

However I do believe:

1. There is no law against concealed carry in Maine on public universities or private colleges. There is a policy at all Maine U's that prohibits CCW, but it is not a legal issue. If one gets caught they can get expelled, but they cannot get arrested. BTW, since Heller, I would love to see this policy get tested. ( An exception to this case would be Community Colleges). This is sort like the sign at the Maine Mall that says no guns allowed. It is not against the law to CCW in the Maine Mall.... but they can ask you to leave their property if they find out you are CCWing in thier Mall.

2. There is no law against CCW in state parks or public property, even the state house.

Since I cannot prove a negative and I have searched the statutes to no avail, could you please cite the law that disproves the above. Thanks... because if you are right and I am wrong.... I need to change some of my habits.
 
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We have three hours of law in our Personal Protection in the Home courses with an attorney well versed on all CWP and firearm laws.

Public college campuses are the same as posted bars. If you carry on campus you can be arrested. Private colleges is a different story.

The State Capitol and grounds is a prohibited place without question by order of the Maine State Police ~ the controlling authority.

I am confident on all statements.
 
I am glad you are confident but that doesn't really help. If it is against the law to CCW at a Maine U then it is written somewhere. If you can't cite the law then the fact that you know a lawyer who told you really doesn't hold much weight. I have known lots of lawyers who have been wrong and/or misinformed. I am not saying you are wrong... just that right now it is just an opinion, not a fact.


MaineCWPtraining said:
We have three hours of law in our Personal Protection in the Home courses with an attorney well versed on all CWP and firearm laws.

Public college campuses are the same as posted bars. If you carry on campus you can be arrested. Private colleges is a different story.

The State Capitol and grounds is a prohibited place without question by order of the Maine State Police ~ the controlling authority.

I am confident on all statements.
Click to expand...
 
§6551§6553Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 6: SAFETY
§6552. Firearms
1. Prohibition. A person may not possess a firearm on public school property or discharge a firearm within 500 feet of school property. For purposes of this subsection, public school property includes property of a community college that adopts a policy imposing such a prohibition.
[ 2007, c. 67, §1 (AMD) .]
2. Exception. Subsection 1 shall not apply to:
A. Law enforcement officials; or [1981, c. 693, §§ 5, 8 (NEW).]
B. A supervised educational program. [1981, c. 693, §§ 5, 8 (NEW).]
[ 1981, c. 693, §§ 5, 8 (NEW) .]
3. Penalty. A person who violates this section is guilty of a Class E crime.
[ 1981, c. 693, §§ 5, 8 (NEW) .]
SECTION HISTORY
1981, c. 693, §§5,8 (NEW). 1989, c. 414, §13 (AMD). 2007, c. 67, §1 (AMD).
 
I am not trying to get into a pissing contest about this issue, I am just trying to get the right info. Your info contradicts the information I have been given and have been acting upon for the 15 years I have been carrying.

The law you cited clearly says elementary, secondary (high schools) and community colleges, NOT Universities. I have already agreed with that fact , including Community College, as part of the original reply to your post.

I have searched all of the Maine statutes using the key words firearms universities, capitol building and all other forms of those words and have not found any statutes restricting CCW in those places.


MaineCWPtraining said:
§6551§6553Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 6: SAFETY
§6552. Firearms
1. Prohibition. A person may not possess a firearm on public school property or discharge a firearm within 500 feet of school property. For purposes of this subsection, public school property includes property of a community college that adopts a policy imposing such a prohibition.
[ 2007, c. 67, §1 (AMD) .]
2. Exception. Subsection 1 shall not apply to:
A. Law enforcement officials; or [1981, c. 693, §§ 5, 8 (NEW).]
B. A supervised educational program. [1981, c. 693, §§ 5, 8 (NEW).]
[ 1981, c. 693, §§ 5, 8 (NEW) .]
3. Penalty. A person who violates this section is guilty of a Class E crime.
[ 1981, c. 693, §§ 5, 8 (NEW) .]
SECTION HISTORY
1981, c. 693, §§5,8 (NEW). 1989, c. 414, §13 (AMD). 2007, c. 67, §1 (AMD).
Click to expand...
 
I found info on LD 1000 which was a bill in 2007 that would have allowed Universities to pass gun bans. It did not pass. I think if the state already had a ban on guns in Universities, then this bill would not have been needed. I stand by my statement that a CCW on state university property is a violation of school policy only and not a violation of law. IF I am wrong please state the statute that makes it a crime.



LD 1000: An Act To Increase Firearm Safety on College Campuses
123rd Legislature (2007)

Be it enacted by the People of the State of Maine as follows:
Sec. 1. 25 MRSA §2011, sub-§5 is enacted to read:

5. Colleges and universities. Nothing in this section limits the power of any college or university to regulate the possession of firearms on the property of the college or university.

summary

This bill authorizes all public colleges and universities to regulate the possession of firearms on their campuses.

http://www.mainelegislature.org/legis/bills/bills_123rd/billtexts/SP031701.asp

It was not passed.
http://janus.state.me.us/legis/LawMakerWeb/dockets.asp?ID=280023671
 
Alos found this, which does not say you cannot CCW. The park rules are as they relate to hunting. Hunting with firearms is permitted in state parks under certain restrictions, so there is not a total ban on firearms in state parks. However, there is this:

"The possession and/or use of firearms or weapons is prohibited in all areas between May 1 and September 30, except where hunting is allowed during this period. Firearms or weapons may be transported across the Restricted Zone of the Allagash Wilderness Waterway, between May 1 and September 30, provided they are securely and completely enclosed in a cover, fastened in a case, or dismantled in at least two pieces in such a manner that they cannot be fired unless the separate pieces are joined together."

This is a rule of the park and violation of the rule is a class E crime, which is the least serious crime class. However it is still not clear. All the rules are as they relate to hunting. You can CCW with a loaded weapon in the woods in ME and not be in violation of hunting laws. This will require further research to clarify this. I find it hard to believe that we check our RTKBA at the gate of a state park.




http://www.maine.gov/doc/parks/programs/parkrules.html
 
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Universities are public schools. Call them to confirm my assertions. Like I said, when posted, same as bars you are prohoibited from carrying. All are posted properties.

The State Capitol as said is a posted rule under the Maine State Police /Capitol police' controlling authority. Call them.

You're welcome to attend the legal portion of any of our Personal Protection in the Home courses. Visit www.MaineCWPtraining.com
 
MaineCWPtraining said:
§6551§6553Title 20-A: EDUCATION
Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY
Subchapter 6: SAFETY
§6552. Firearms
1. Prohibition. A person may not possess a firearm on public school property or discharge a firearm within 500 feet of school property. For purposes of this subsection, public school property includes property of a community college that adopts a policy imposing such a prohibition.
[ 2007, c. 67, §1 (AMD) .]
2. Exception. Subsection 1 shall not apply to:
A. Law enforcement officials; or [1981, c. 693, §§ 5, 8 (NEW).]
B. A supervised educational program. [1981, c. 693, §§ 5, 8 (NEW).]
[ 1981, c. 693, §§ 5, 8 (NEW) .]
3. Penalty. A person who violates this section is guilty of a Class E crime.
[ 1981, c. 693, §§ 5, 8 (NEW) .]
SECTION HISTORY
1981, c. 693, §§5,8 (NEW). 1989, c. 414, §13 (AMD). 2007, c. 67, §1 (AMD).
Click to expand...


This is my last reply on this topic as I realize that there is a strong possibility that you do not really know what you are talking about. You have offered no proof other than the fact that you know a lawyer who told you so. Clearly the law states elementary, secondary and community colleges. I am a graduate student at a Maine U. Until someone shows cites for the a law, I stand by my oringinal statement that there is no law against carrying a concealed weapon with a permit at a public university. It is only a violation of U policy. Public schools and public universities are two different legal entities, there are not one and the same.
 
NinerMaine said:
This is my last reply on this topic as I realize that there is a strong possibility that you do not really know what you are talking about. You have offered no proof other than the fact that you know a lawyer who told you so. Clearly the law states elementary, secondary and community colleges. I am a graduate student at a Maine U. Until someone shows cites for the a law, I stand by my oringinal statement that there is no law against carrying a concealed weapon with a permit at a public university. It is only a violation of U policy. Public schools and public universities are two different legal entities, there are not one and the same.
Click to expand...

I have researched this in depth in the past and come to the same conclusion. There is no state law against carrying on Maine universities, only school policy. Here is the school policy for all Maine Universities straight from the student handbook-

Violation: Any employee, faculty, student, or other representative of the University who violates this policy shall be notified of the violation and subject to disciplinary sanctions under the applicable discipline process.

Any member of the public who violates this policy shall be notified of the violation and asked to comply. If the public member will not comply, the individual shall be removed from campus and subject to all legal penalties, including the criminal trespass provisions under Maine law.
Click to expand...

So you might not even be expelled. If you were caught, they'd ask you to stop carrying, and if you complied, you might be subject to disciplinary action, if you refused to comply, you'd be asked to leave the campus and if you wouldn't, you could be arrested for TRESPASSING. (assuming you were carrying legally that would be the only state law you'd be breaking and that would be if you wouldn't comply with their requests after you were caught)
 
MaineCWPtraining said:
Universities are public schools. Call them to confirm my assertions. Like I said, when posted, same as bars you are prohoibited from carrying. All are posted properties.

The State Capitol as said is a posted rule under the Maine State Police /Capitol police' controlling authority. Call them.

You're welcome to attend the legal portion of any of our Personal Protection in the Home courses. Visit www.MaineCWPtraining.com
Click to expand...
Given the fact that you cannot back up your assertions with statutory language and just rely on your opinions and opinions of the police, I doubt the legal portion of your training is worth more than the paper it is printed on.
 
Call them to confirm my assertions
Click to expand...
This is nearly useless, as, even if true, they are unlikely to say something like "It is against policy, but there is no law against it and we can impose no sanction on persons who are not students or employees other than asking them to leave." They will probably tell you it is illegal regardless of the truth of such an assertion.

If you think schools will give accurate info, try asking if it's legal to have a gun locked in the trunk of your car on school grounds in MA an see if they explain that 269-10j is a prohibition against carry on one's person, not possession or carry not on one's person. I'd guess better that 90% of university administrators and police departments are either unaware, or deliberately choose to be unaware, of that distinction.
 
MaineCWPtraining said:
Show me where I am wrong please.
Click to expand...

You need to show where you are right. As you've been told, a negative cannot be disproven.

Let's start with you posting the text of any section of Maine law that says it is illegal to carry a concealed handgun on Captiol grounds. Not what the state police says. What the legislature says.
 
Jose said:
You need to show where you are right. As you've been told, a negative cannot be disproven.

Let's start with you posting the text of any section of Maine law that says it is illegal to carry a concealed handgun on Captiol grounds. Not what the state police says.
Click to expand...
Exactly.
What the legislature says.
Click to expand...
and/or references to applicable Maine case law.
 

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