Open Carry in Maine

[PelhamGMan]

Evening.....I am headed to the Rockland, Camden, Boothbay area here in a couple weeks. I do not have a permit in Maine, but understand open carry is permitted. Anybody have any feedback on OC in this area.

[raysheen]

Evening.....I am headed to the Rockland, Camden, Boothbay area here in a couple weeks. I do not have a permit in Maine, but understand open carry is permitted. Anybody have any feedback on OC in this area.

OC, as you know, is legal in ME. The three towns you listed are all rather liberal and/or tourist areas filled with people from non-free states (think NY and MA). I imagine if you dress the part then the following will happen: a) nobody will notice b) 9 times out of 10 they will assume you are LEO c) you may educate/scare some of the 1 out of 10 remaining. ...I say go for it. Don't open carry in your car. You must unload it before you get in your vehicle. Have a good trip. The ME permit is rather easy to get and is well worth the money if you are going to spend any time there.

[rvrctyrngr]

Have a good trip!

Though I haven't been back to ME in a long time, I keep my non-res license current.

[boyscout399]

Make sure it's always visible, including in your car. If it's in your glove box, then it's concealed. I keep mine in my cup holder next to me. Also, make sure it's unloaded in the car unless you have a CFP (Concealed Firearms Permit).

As a piece of advice, make sure you have nothing else illegal on you when your open carrying, such as a pocket knife in your pocket.

I was stopped while open carrying (someone called 911 for man with a gun), searched, and arrested for having a concealed weapon when they found the knife in my pocket.

I wouldn't have been arrested if it wasn't for the knives.

Here's some links to laws:

http://janus.state.me.us/legis/statutes/25/title25sec2001-A.html
http://janus.state.me.us/legis/statutes/12/title12sec11212.html
http://janus.state.me.us/legis/statutes/17-A/title17-Asec1055.html

Good luck and stay safe.

[Dean]

As a piece of advice, make sure you have nothing else illegal on you when your open carrying, such as a pocket knife in your pocket.The three towns you listed are all rather liberal and/or tourist areas filled with people from non-free states (think NY and MA).

I was stopped while open carrying (someone called 911 for man with a gun), searched, and arrested for having a concealed weapon when they found the knife in my pocket. I wouldn't have been arrested if it wasn't for the knives.

Why does this scream, "The cops in Maine hate open carry - don't do it!", to me? Why is that? Hearing that I'd NEVER open carry there. That and you have to un-load the gun to get into your car. That just might mean completely empty the magazines. They're quite possibly hostile to it, Man. Don't do it.

[raysheen]

As a piece of advice, make sure you have nothing else illegal on you when your open carrying, such as a pocket knife in your pocket.The three towns you listed are all rather liberal and/or tourist areas filled with people from non-free states (think NY and MA).

I was stopped while open carrying (someone called 911 for man with a gun), searched, and arrested for having a concealed weapon when they found the knife in my pocket. I wouldn't have been arrested if it wasn't for the knives.

Why does this scream, "The cops in Maine hate open carry - don't do it!", to me? Why is that? Hearing that I'd NEVER open carry there. That and you have to un-load the gun to get into your car. That just might mean completely empty the magazines. They're quite possibly hostile to it, Man. Don't do it.
Sorry if I came across that way...didn't really mean it that way...there are certainly places that you don't want to OC in ME such as Portland (where the second poster above was arrested) I lived in ME for a long time and the police there (in most areas) are very open and casual around guns. I would be more worried about a tourist calling in a "man with a gun" call and the bother that it would create rather than how the police would actually react to it...again all of this depends on the location you are in. A few areas are quite anti-gun. YMMV

[sebecman]

I live in Maine.

I can tell you that just because we "allow" open carry doesn't mean you'll be able to do it. As posted, those areas are tourist areas and if you open carry there I can guarentee that you will be stopped and harrased by the summer rent-a-cops every time.

It is not wise to walk around any town/city with a loaded gun in plain view, but those towns are tourist destinations, the police (to say nothing of residents and business owners) will not tolerate anyone that casts a bad light on them by making the sheep that flock there feel unsafe. You will be dogged everywhere you go in public.

I have lived here for 35 years and I can honestly tell you that I have never once known of or seen anyone doing what you are describing, this is not Alaska. During hunting season you can see hunters walking the road with a rifle in hand and a pistol on the hip, wearing blaze orange. But outside of that never.

Our open carry laws were designed to protect our hunting rights and make it easy for hunters to move around with their guns, not to allow people to walk thru crowded tourist destinations with a pistol slung on their hip like some kinda modern day cowboy. Also, the laws do not allow open carry in resturants, bars and most supermarkets etc...so plan on bringin your own lunch. And do not even be seen with a beer can in your hand, that'll land you in jail pretty quick.

I don't know what you have heard, but the Camden/Rockland area is a safe area, bring a can of pepper spray if you want protection, but leave your gun at home. Every time anyone feels the need to walk around crowded streets with a gun, it always ends with the gun haters jumping on the rest of us that are responsible CWP holders.

Come and enjoy the state and your visit here, but please leave the gun at home. I hope I don't hear about you on the news, like the last guy.

[Yellowfin]

I live in Maine.

I can tell you that just because we "allow" open carry doesn't mean you'll be able to do it. As posted, those areas are tourist areas and if you open carry there I can guarentee that you will be stopped and harrased by the summer rent-a-cops every time.

It is not wise to walk around any town/city with a loaded gun in plain view, but those towns are tourist destinations, the police (to say nothing of residents and business owners) will not tolerate anyone that casts a bad light on them by making the sheep that flock there feel unsafe. You will be dogged everywhere you go in public.

I have lived here for 35 years and I can honestly tell you that I have never once known of or seen anyone doing what you are describing, this is not Alaska. During hunting season you can see hunters walking the road with a rifle in hand and a pistol on the hip, wearing blaze orange. But outside of that never.

Our open carry laws were designed to protect our hunting rights and make it easy for hunters to move around with their guns, not to allow people to walk thru crowded tourist destinations with a pistol slung on their hip like some kinda modern day cowboy. Also, the laws do not allow open carry in resturants, bars and most supermarkets etc...so plan on bringin your own lunch. And do not even be seen with a beer can in your hand, that'll land you in jail pretty quick.

I don't know what you have heard, but the Camden/Rockland area is a safe area, bring a can of pepper spray if you want protection, but leave your gun at home. Every time anyone feels the need to walk around crowded streets with a gun, it always ends with the gun haters jumping on the rest of us that are responsible CWP holders.

Come and enjoy the state and your visit here, but please leave the gun at home. I hope I don't hear about you on the news, like the last guy. You could just tell him to get an out of state CWP instead of making him feel like a leper. How would you like it if you asked me for directions and I told you that "your kind" isn't welcome here? From what I gather all it takes is a xerox of your other CCW's, your DL, and a fee.

If you have that many hoplophobes in your area, I suggest you folks do a better job of kicking them out and keeping them out.

[sebecman]

You could just tell him to get an out of state CWP instead of making him feel like a leper. How would you like it if you asked me for directions and I told you that "your kind" isn't welcome here? From what I gather all it takes is a xerox of your other CCW's, your DL, and a fee.

If you have that many hoplophobes in your area, I suggest you folks do a better job of kicking them out and keeping them out.



Well he asked for feedback not directions. I don't know what "kind" he is. But I assumed he was prepared for an honest opinion and if my kind of feedback prevents him from doing something that 99% of the summer population in Camden Maine term as reckless behavior, then great. As for getting an out of state CCW in Maine, it isn't as easy as you described but he can start here,

Non Residents: Must apply to the Chief of the Maine State Police.
Dept of Public Safety
Maine State Police
Licensing Division
164 State House Station
Augusta, Maine 043330164
Phone: (207) 6247210
Call or write the Licensing Division and request their packet to apply for a Carry Permit. Getting their non
resident permit is the only way for a non resident to carry in Maine. They are shall Issue.

Exactly how would you go about screening at the border to keep out the anti gunners? If you could come up with a viable plan you'll be rich.

[boyscout399]

I live in Maine.

I can tell you that just because we "allow" open carry doesn't mean you'll be able to do it. As posted, those areas are tourist areas and if you open carry there I can guarentee that you will be stopped and harrased by the summer rent-a-cops every time.



Our open carry laws were designed to protect our hunting rights and make it easy for hunters to move around with their guns, not to allow people to walk thru crowded tourist destinations with a pistol slung on their hip like some kinda modern day cowboy. Also, the laws do not allow open carry in resturants, bars and most supermarkets etc...so plan on bringin your own lunch. And do not even be seen with a beer can in your hand, that'll land you in jail pretty quick.


Come and enjoy the state and your visit here, but please leave the gun at home. I hope I don't hear about you on the news, like the last guy.

That's not true. There are no laws in ME regarding carrying in bars restaurants, supermarkets, etc... unless the premises is posted to prevent firearms...

http://janus.state.me.us/legis/statutes/17-A/title17-Asec1057.html

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. [1989, c. 917, §2 (NEW).]

Don't give him false information...

Also, ME has state preemption (http://janus.state.me.us/legis/statutes/25/title25sec2011.html) so any town ordinance that says you can't carry somewhere is void.

As to unloading in the car. The law says you can't have a round in the chamber or in an ATTACHED magazine. When I carry open without a permit I don't carry with one in the chamber and I just pop the magazine out when I get in the car. Pop the mag back in when you get out of the car and you're good. I never had to unholster the weapon, so you can't get charged with brandishing if someone sees you unhoster to load up when you get out of the car. You don't need to unload the mag. It just can't be attached to the gun...

[sebecman]

[quote=boyscout399;10687958]That's not true. There are no laws in ME regarding carrying in bars restaurants, supermarkets, etc... unless the premises is posted to prevent firearms...

http://janus.state.me.us/legis/statutes/17-A/title17-Asec1057.html

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. [1989, c. 917, §2 (NEW).]

Don't give him false information...

Also, ME has state preemption (http://janus.state.me.us/legis/statutes/25/title25sec2011.html) so any town ordinance that says you can't carry somewhere is void.
quote]

Actually I think it reads like this. From http://mainegov-images.informe.org/dps/msp/licenses/CFP%20Booklet.pdf

17-A M.R.S.A. § 1057, Possession of firearms in an establishment licensed for onpremises
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
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.
2. For the purposes of this section, "licensed establishment" means a licensed
establishment as defined by Title 28-A, section 2, subsection 15, the license for which is
held by an on-premise retail licensee, as defined by Title 28-A, section 2, subsection 27,
paragraph B. For the purposes of this section, "premises" has the same meaning as set
forth in Title 28-A, section 2, subsection 24.
3. It is not a defense to a prosecution under subsection 1 that the person holds a
permit to carry a concealed firearm issued under Title 25, chapter 252.

Pay particular attention to part 2. What is an establishment lisenced underTitle 28-A, section 2, subsection 15? It is an establishment that sells liquor for consuption on premisis...which means almost every resturant and every bar in the state. Furthermore, walk over to Hannaford or Shaws supermarket and read the sign that hangs by the front door...They fall under this law too because they posted "no firearms on the premisis" signs. I would never give someone false info and please do not call me a liar, please prove me wrong with straight facts. I wouldn't want anyone coming to Maine with gun that didnt know the rules. Fact is this State is not quite as gun freindly as some may think...

[raysheen]

not wanting to get into an online "peeing" match and having full respect for him and all of my other glocktalkers I will simply say that I respectfully disagree with sebecman. I too have lived in maine for the majority of my life from the mid coast region to central and northern ME and I don't think that open carry is quite as bad / uncommon / will get you into as much trouble as he describes. The simple fact is that it is legal in ME. You may very well get some attention in the destinations that you listed but if it were me then I would carry. Again YMMV. Have a safe trip.

[sebecman]

not wanting to get into an online "peeing" match and having full respect for him and all of my other glocktalkers I will simply say that I respectfully disagree with sebecman. I too have lived in maine for the majority of my life from the mid coast region to central and northern ME and I don't think that open carry is quite as bad / uncommon / will get you into as much trouble as he describes. The simple fact is that it is legal in ME. You may very well get some attention in the destinations that you listed but if it were me then I would carry. Again YMMV. Have a safe trip.

I appreciate your views and also not wanting to compare streams will just say to anyone thinking of carrying in the open, read the law and then be prepared to be HASSLED. That was my point. My opinion is based on the facts of previous news stories. Remember the guy in Deering Oaks a few years ago? I just don't think it is wise. Sorry if I come across too harsh but I never said anyone's "Kind" isn't welcome here.

But I stand by my belief that the law says you cannot carry a gun into a place that sells booze for consumption on premisis....there I am done...and PelhamGMan God speed and have great trip regardless..:faint:

[kunlao21]

I appreciate your views and also not wanting to compare streams.....

Haha!!! ROFL!

[boyscout399]

Actually I think it reads like this. From http://mainegov-images.informe.org/dps/msp/licenses/CFP%20Booklet.pdf

17-A M.R.S.A. § 1057, Possession of firearms in an establishment licensed for onpremises
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
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.
2. For the purposes of this section, "licensed establishment" means a licensed
establishment as defined by Title 28-A, section 2, subsection 15, the license for which is
held by an on-premise retail licensee, as defined by Title 28-A, section 2, subsection 27,
paragraph B. For the purposes of this section, "premises" has the same meaning as set
forth in Title 28-A, section 2, subsection 24.
3. It is not a defense to a prosecution under subsection 1 that the person holds a
permit to carry a concealed firearm issued under Title 25, chapter 252.

Pay particular attention to part 2. What is an establishment lisenced underTitle 28-A, section 2, subsection 15? It is an establishment that sells liquor for consuption on premisis...which means almost every resturant and every bar in the state. Furthermore, walk over to Hannaford or Shaws supermarket and read the sign that hangs by the front door...They fall under this law too because they posted "no firearms on the premisis" signs. I would never give someone false info and please do not call me a liar, please prove me wrong with straight facts. I wouldn't want anyone coming to Maine with gun that didnt know the rules. Fact is this State is not quite as gun freindly as some may think...




Note that it says posted to prohibit firearms in a manner likely to come to the attention of patrons. It doesn't blanket ban firearms in any establishment. It only bans firearms when the business has posted a sign saying no firearms. I have yet to see a business with a sign...

[g20&cellphone]

Note that it says posted to prohibit firearms in a manner likely to come to the attention of patrons. It doesn't blanket ban firearms in any establishment. It only bans firearms when the business has posted a sign saying no firearms. I have yet to see a business with a sign...


Exactly. My chief of police and my NRA safety instructor has told me that you can carry concealed into a place that sells liquor for onsite consumption. Now they both suggested that I not carry at all in a bar, for reasons that most people go there to simply consume alcohol, which can compromise a civil or criminal case if it were ever brought against you, (as many on here have stated, why you do not consume while carrying, which I adhere to as well).

As far as open carry goes. I have open carried a fair amount in central Maine. I have seen a lot of citizens open carrying. I have gotten asked about open carrying before by other citizens, but never had any issues. I have never seen a sign in IGA or Hannaford or Shaws. Additionally I wouldn’t even have the slightest idea where took look for them, since there are no explicit signage requirements, such as in Texas. Additionally the grocery stores are where I see the most people open carrying, simply because I think they are the one of the largest population gathering of citizens in central Maine.

Now the original question posted. You can open carry in the towns listed. Would I open carry in Camden? Maybe, but prepared to be “questioned” by the local police. I doubt they would charge you with disturbing the police, as from my research there has only been one arrest for it in Portland, but the charges were later dropped by the prosecutor.

As far as open carry laws are only in place to protect hunters is not correct. This is because you can actually carry concealed (without a concealed carry license) while engaged in the lawful hunting/trapping activities. Although once in your vehicle it must be in plain site and unloaded if you do not have a concealed carry license.

http://mainegov-images.informe.org/ifw/laws_rules/pdf/hunting_trapping2007.pdf

pg. 29

[boyscout399]

Now, if you are in a private business that isn't posted and they ask you to leave, you still have to leave or you'll be trespassing. It's still private property and I would respect that private property if asked to leave.

[raysheen]

I appreciate your views and also not wanting to compare streams will just say to anyone thinking of carrying in the open, read the law and then be prepared to be HASSLED. That was my point. My opinion is based on the facts of previous news stories. Remember the guy in Deering Oaks a few years ago? I just don't think it is wise. Sorry if I come across too harsh but I never said anyone's "Kind" isn't welcome here.

But I stand by my belief that the law says you cannot carry a gun into a place that sells booze for consumption on premisis....there I am done...and PelhamGMan God speed and have great trip regardless..:faint:
no offense meant by my post and none taken from yours. I see what you are saying and I certainly agree with a good portion of it. cheers! :wavey: Edit: I actually have a question about this thread...now where did the Hannaford/Shaws issue come into play...I was under the impression that the "on-premise retail licensee" was referring to bars and resturants only. Was I wrong in this thought?

[sebecman]

Exactly. My chief of police and my NRA safety instructor has told me that you can carry concealed into a place that sells liquor for onsite consumption. Now they both suggested that I not carry at all in a bar, for reasons that most people go there to simply consume alcohol, which can compromise a civil or criminal case if it were ever brought against you, (as many on here have stated, why you do not consume while carrying, which I adhere to as well).

As far as open carry goes. I have open carried a fair amount in central Maine. I have seen a lot of citizens open carrying. I have gotten asked about open carrying before by other citizens, but never had any issues. I have never seen a sign in IGA or Hannaford or Shaws. Additionally I wouldn’t even have the slightest idea where took look for them, since there are no explicit signage requirements, such as in Texas. Additionally the grocery stores are where I see the most people open carrying, simply because I think they are the one of the largest population gathering of citizens in central Maine.

Now the original question posted. You can open carry in the towns listed. Would I open carry in Camden? Maybe, but prepared to be “questioned” by the local police. I doubt they would charge you with disturbing the police, as from my research there has only been one arrest for it in Portland, but the charges were later dropped by the prosecutor.

As far as open carry laws are only in place to protect hunters is not correct. This is because you can actually carry concealed (without a concealed carry license) while engaged in the lawful hunting/trapping activities. Although once in your vehicle it must be in plain site and unloaded if you do not have a concealed carry license.

http://mainegov-images.informe.org/ifw/laws_rules/pdf/hunting_trapping2007.pdf

pg. 29



Chief of Police of what town? What State?

People OPEN carrying in grocery stores huh? Man, I am from central maine and I didn't realize there were so many paranoid people around me...Strange that my wife and I shop every week and we have never seen anyone carrying a gun in a store or anywhere. I even asked my family if they have....no, they said. So I wonder..... what stores do you shop in?

[sebecman]

no offense meant by my post and none taken from yours. I see what you are saying and I certainly agree with a good portion of it. cheers! :wavey: Edit: I actually have a question about this thread...now where did the Hannaford/Shaws issue come into play...I was under the impression that the "on-premise retail licensee" was referring to bars and resturants only. Was I wrong in this thought?

I believe I am wrong on the Grocery store peice. I drove over to Hannaford last night and there is no sign. I thought I remembered seeing one. It may have been at Wal-mart. Not sure, so my apologies on that piece, anyway I asked the Assistant manager what their policy on firearms was and the reply was "It wouldn't be a good idea to come in here with a gun in plain sight".
Which echos what I was really saying. It may be legal to do it, but do you really want to?

Now, can we put this thing to bed? :countingsheep:

[g20&cellphone]

I believe I am wrong on the Grocery store peice. I drove over to Hannaford last night and there is no sign. I thought I remembered seeing one. It may have been at Wal-mart. Not sure, so my apologies on that piece, anyway I asked the Assistant manager what their policy on firearms was and the reply was "It wouldn't be a good idea to come in here with a gun in plain sight".
Which echos what I was really saying. It may be legal to do it, but do you really want to?

Now, can we put this thing to bed? :countingsheep:

Legality, is much different than opinion. It is a personal decision to exercise your right to open carry. If you do not feel comfortable open carrying then do not open carry.

I have seen people open carry in the Old Town area when I went to college up there. Additionally open carry does not make you paranoid. A recent crime report released in the BDN said that Maine has 1 crime per 1000, where the national average is 4.6 crimes per 1000. That being said Maine is a safe state. Do I still carry concealed? Do I still open carry? Do I write editorials? Do I give dissent on a topic? Sure do. Rights are rights and they need to be exercised. If they are not exercised they get lethargic.

[Yellowfin]

I appreciate your views and also not wanting to compare streams Well now that you mention it, how is the trout fishing there?

[KharToon]

Personally, I see no value in open carrying in everyday life here in NH or anywhere other than hunting or hiking. Perception is reality and when the sheep see a gun, most panic. Just conceal it and the problem is solved no?

[sebecman]

Well now that you mention it, how is the trout fishing there?


Not bad actually. had a nice spring

[ithaca_deerslayer]

Did any of you read that thread a while back about a guy who open carried in Maine?

Cops got called on him, treated him like a mass murderer with weapons drawn, and arrested.

Took him to jail, and all that goes with that.

So, is open carry legal in Maine?

Still haven't heard of his outcome. He also had a pocket knife on him and they tried to get him for that, too.

[rvrctyrngr]

He was in Portland...very different. Portland actually has an ordinance against OC, in direct violation of Maine's State Preemption law.

He was arrested for the pocket knives he had...not the OC.

I'm sure that things are different than when I lived there (87-93), but I OCd in southern and central ME quite often and never had an issue.

[boyscout399]

He was in Portland...very different. Portland actually has an ordinance against OC, in direct violation of Maine's State Preemption law.

He was arrested for the pocket knives he had...not the OC.

I'm sure that things are different than when I lived there (87-93), but I OCd in southern and central ME quite often and never had an issue.

yeah, that was me. case is still pending. Portland doesn't have an ordinance against OC, just OC between sunset and sunrise, you can't OC at night according to their ordinance. But again, State preemption makes that ordinance void.

That's why I'm saying, go ahead and OC legally, just make sure you don't have anything else on you that they could get you for.

[g20&cellphone]

yeah, that was me. case is still pending. Portland doesn't have an ordinance against OC, just OC between sunset and sunrise, you can't OC at night according to their ordinance. But again, State preemption makes that ordinance void.

That's why I'm saying, go ahead and OC legally, just make sure you don't have anything else on you that they could get you for.

As far as I am concerned any open carry charge would get dropped. The State of Maine has one of the strongest right to bear arms law in the country.

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.

http://janus.state.me.us/legis/const/

Pretty simple in my opinion.

[vetteman]

Make sure it's always visible, including in your car. If it's in your glove box, then it's concealed. I keep mine in my cup holder next to me. Also, make sure it's unloaded in the car unless you have a CFP (Concealed Firearms Permit).

As a piece of advice, make sure you have nothing else illegal on you when your open carrying, such as a pocket knife in your pocket.

I was stopped while open carrying (someone called 911 for man with a gun), searched, and arrested for having a concealed weapon when they found the knife in my pocket.

I wouldn't have been arrested if it wasn't for the knives.

Here's some links to laws:

http://janus.state.me.us/legis/statutes/25/title25sec2001-A.html
http://janus.state.me.us/legis/statutes/12/title12sec11212.html
http://janus.state.me.us/legis/statutes/17-A/title17-Asec1055.html

Good luck and stay safe.

That was you in Portland? :wow: Small world. I read about that several weeks back. Congratulations for having the guts to do it, especially in the most liberal and anti-gun city in Maine. I have pondered wearing my shoulder rig and doing open carry in Portland, not that I need to because I can carry concealed with a permit but just because I CAN. :supergrin:

[huntpro13]

G20&cellphone:

Sorry to sound stupid... That was you? Wasn't it by back bay or something? I was listening to WGAN and they gave the SKETCHIEST details. After the annoying Ken and Mike show, I called and got Ken. I asked for details, saying that nothing they described in their report was, on the surface, a crime. He said he'd look into it. He didn't. Imagine if Ken had answered the phone. He'd spend 30 minutes telling me why guns should be outlawed. Anyway, I digress.

I'd love to hear the story in a less public forum... pm or email. huntpro13@yahoo.com. I'm sure you're tired of telling it, but I'd still enjoy that conversation. We're slowly recovering from the Chitwood era. I know the Deputy Chief socially, and if/when he gets the gig, I think we can soften him up a bit. I think he would encourage responsible people with some training and proper licensure getting less of the third degree.

Anyway... hope the outcome is less painful that I assume it has been/will be.

BTW, how long were the knives? WTF?

[boyscout399]

G20&cellphone:

Sorry to sound stupid... That was you? Wasn't it by back bay or something? I was listening to WGAN and they gave the SKETCHIEST details. After the annoying Ken and Mike show, I called and got Ken. I asked for details, saying that nothing they described in their report was, on the surface, a crime. He said he'd look into it. He didn't. Imagine if Ken had answered the phone. He'd spend 30 minutes telling me why guns should be outlawed. Anyway, I digress.

I'd love to hear the story in a less public forum... pm or email. huntpro13@yahoo.com. I'm sure you're tired of telling it, but I'd still enjoy that conversation. We're slowly recovering from the Chitwood era. I know the Deputy Chief socially, and if/when he gets the gig, I think we can soften him up a bit. I think he would encourage responsible people with some training and proper licensure getting less of the third degree.

Anyway... hope the outcome is less painful that I assume it has been/will be.

BTW, how long were the knives? WTF?

It was me... The charges against me are still pending. Once they get dropped or settled or whatever I'll be making a post going into detail from end to end, but I've been advised against going into details until it's settled.

[boyscout399]

Here's the original thread:

http://glocktalk.com/forums/showthread.php?t=873876

[huntpro13]

Sorry that I missed the original thread where you asked for a good lawyer. For others in Maine, John Chapman does the Firearms and the Law portion of one of our local Personal Protection classes. Opinions about the class as a whole vary, but the consensus is that Mr. Chapman knows his stuff. I took the class and was very impressed with him. So much so that his office number lives right next to my permit in my wallet.

When the police make mistakes, they often call him, or so I'm told. If he's already representing the other side of a case...

Anyway, too late on the info for you, but for others in Maine, here's his info.

Kelly & Chapman
LexisNexis Martindale-Hubbell Peer Review Rated for Ethical Standards and Legal AbilityLexisNexis Martindale-Hubbell Peer Review Rated for Ethical Standards and Legal Ability
Law Firm in Portland, Maine

Contact Information
Phone: 207-780-6500
Facsimile: 207-874-7600
Email: rkelly@kellychapman.com
Send us Email

(Main Office)
Kelly & Chapman practices in the following areas of law:
General Civil Litigation in all State and Federal Courts. Insurance Defense, Workers Compensation, Employment Law and Personal Injury, Police Liability.
Firm Size: 2
Representative Clients:
ARAMARK Corp.; Atlantic Home Health; Cigna Property & Casualty Co.; Crawford & Co.; Creative Services, Inc.; Gallagher Bassett; Fireman's Fund Insurance Co.; Hanover Insurance Cos.; Maine Employers' Mutual Insurance Co.; Maine Insurance Guaranty Assn.; Risk Enterprise Management, Ltd.; Specialty Risk Services; Maine State Troopers Assn.; Maine Assn. of Police; Maine Educational Assn.
Office Hours:
Monday: 08:00 AM - 05:00 PM
Tuesday: 08:00 AM - 05:00 PM
Wednesday: 08:00 AM - 05:00 PM
Thursday: 08:00 AM - 05:00 PM
Friday: 08:00 AM - 05:00 PM
Rate Information:
Fixed Fees Available
Free Initial Consultation
MEMBERS OF FIRM
Richard J. Kelly (Member) born New York, N.Y., November 24, 1946; admitted to bar, 1971, Maine. Education: University of Notre Dame (B.A., 1968); University of Maine School of Law (J.D., 1971). Assistant District Attorney, Cumberland County, 1974-1978. Member: Maine State (Member, Workers Compensation Section) and American (Member, Sections on: Workers Compensation; Torts and Insurance) Bar Associations; Defense Research Institute. [1st Lt., U.S. Army, 1972-1974]. Practice Areas: Workers Compensation Law; Employment Law; Personal Injury Law; Civil Litigation. Email: Richard J. Kelly
John W. Chapman (Member) born Charleston, South Carolina, September 28, 1953; admitted to bar, 1980, Maine. Education: Bowdoin College (A.B., cum laude, 1975); University of Maine (J.D., 1980). Recipient, Lucien Howe Prize. Law Clerk, Maine Superior Court, 1980-1981. Member: Maine Trial Lawyers Association. Languages: German. Practice Areas: Workers Compensation Law; Labor Law; Employee Relations Law; Police Liability; Police Misconduct; Personal Injury Law. Email: John W. Chapman
Location
97A Exchange Street, P.O. Box 168
Portland, Maine 04112-0168
(Cumberland Co.)
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Offers free initial consultation Free Initial Consultation

[Bozz]

The original post asked for thoughts/views on OC'ing in Maine. Based on what I have read here, it doesn't sound like it is worth the hassle even though if done correctly it is legal in Maine.

Do you really want to go through the hassle/embarassment/expense as Boyscout399 has? I sure wouldn't! This man was legally carrying and was treated like a criminal, arrested, flogged in the media, and now has to pony-up probably THOUSANDS of dollars to fight the charges.... doesn't hardly seem worth it.

Find your inner-Ninja and fight off the tourists the old fashion way while you're there! Have you ever spent time in that area in Maine? It sure isn't the wild wild west.

Just my opinion... but just because you can legally do something doesn't mean its in your best interest to do it.

Bozz

[huntpro13]

Mybe you could go to Camden wearing a shirt like this:

http://www.my2a.org/opencarry.jpg

[huntpro13]

Personally, I like open carry for when, say, I'm up at camp and it's hot. Or working in the yard, etc. Downtown, not a chance. Too much chance of being hassled by the cops, damaging the cause because of the negative media reaction/influence, and the fact that it makes you a target in several ways. I guess it's the "walk softly" part of "Walk softly and carry a big stick", too.

[sebecman]

Personally, I like open carry for when, say, I'm up at camp and it's hot. Or working in the yard, etc. Downtown, not a chance. Too much chance of being hassled by the cops, damaging the cause because of the negative media reaction/influence, and the fact that it makes you a target in several ways. I guess it's the "walk softly" part of "Walk softly and carry a big stick", too.


:goodpost:
You have a way with words that I do not. What you said above is exactly what I was trying to convey. I guess being new here at GT and not having read the backlog of threads, I got pretty reactionary.

I can understand OC'ing in Greenville or Millinocket but Camden/Rockland? You'd be asking for Police intervention, and I hope that message got across, however UN-tactfull my delivery was...

[gary newport]

Make sure it's always visible, including in your car. If it's in your glove box, then it's concealed. I keep mine in my cup holder next to me. Also, make sure it's unloaded in the car unless you have a CFP (Concealed Firearms Permit).

As a piece of advice, make sure you have nothing else illegal on you when your open carrying, such as a pocket knife in your pocket.

I was stopped while open carrying (someone called 911 for man with a gun), searched, and arrested for having a concealed weapon when they found the knife in my pocket.

I wouldn't have been arrested if it wasn't for the knives.

Here's some links to laws:

http://janus.state.me.us/legis/statutes/25/title25sec2001-A.html
http://janus.state.me.us/legis/statutes/12/title12sec11212.html
http://janus.state.me.us/legis/statutes/17-A/title17-Asec1055.html

Good luck and stay safe.

A pocket knife is a concealed weapon in Maine? :shocked:

[sebecman]

A pocket knife is a concealed weapon in Maine? :shocked:

In Post-Chitwood Portland, yes it is. The Chitwood-ese was something about knifes that could be opened with one hand. In Boyscouts case I think it was the Leek that really got him busted...

which sucks, since you can buy a Leek in a dozen places in Portland but once you carry it out of the store, you're in violation....doesn't make sense, huh?:dunno:

[boyscout399]

In Post-Chitwood Portland, yes it is. The Chitwood-ese was something about knifes that could be opened with one hand. In Boyscouts case I think it was the Leek that really got him busted...

which sucks, since you can buy a Leek in a dozen places in Portland but once you carry it out of the store, you're in violation....doesn't make sense, huh?:dunno:

you're not in violation if it's visible Only if concealed. Clip it to your belt with your shirt up above it and you're fine...

[huntpro13]

I've been thinking about the knife thing. How many guys carry a knife clipped to a front pocket? LOTS. Can someone find the law in Maine that restricts it? It's not a Bowie knife (why that was specified makes me wonder), or a stiletto (really?), etc. Our boyscout (that's Eagle Scout to you, liberal media) was carrying 3 pocket knives. More than I would, but enough to press charges?

I dunno about that. I'm gonna ask around the Ptld PD. See what they KNOW, then consult the law. If only for my own sake.

I carry a folding knife to cut THINGS. Like the plastic wrap on my daughter's new DVD, or heaven forbid, on the seatbelt of her carseat in an emergency.

Just like I carry a firearm as a tool, so too do I carry a 3" folding knife. I have like 8 kitchen blades longer than that. They gonna keep me from cooking?

Sheesh.

I'm going to bet we see very little of this incident in the news. Sort of an "Ooops, perhaps we were a little over-zealous, and perhaps, though it's legal, open carry is not the best idea in our largest city" sort of BREAKING NEWS.

God, this is a small state.

[huntpro13]

Duplicate

[boyscout399]

I've been thinking about the knife thing. How many guys carry a knife clipped to a front pocket? LOTS. Can someone find the law in Maine that restricts it? It's not a Bowie knife (why that was specified makes me wonder), or a stiletto (really?), etc. Our boyscout (that's Eagle Scout to you, liberal media) was carrying 3 pocket knives. More than I would, but enough to press charges?

I dunno about that. I'm gonna ask around the Ptld PD. See what they KNOW, then consult the law. If only for my own sake.

I carry a folding knife to cut THINGS. Like the plastic wrap on my daughter's new DVD, or heaven forbid, on the seatbelt of her carseat in an emergency.

Just like I carry a firearm as a tool, so too do I carry a 3" folding knife. I have like 8 kitchen blades longer than that. They gonna keep me from cooking?

Sheesh.

I'm going to bet we see very little of this incident in the news. Sort of an "Ooops, perhaps we were a little over-zealous, and perhaps, though it's legal, open carry is not the best idea in our largest city" sort of BREAKING NEWS.

God, this is a small state.

B. Wear under the person's clothes or conceal about the person's person a firearm, slungshot, knuckles, bowie knife, dirk, stiletto or other dangerous or deadly weapon usually employed in the attack on or defense of a person

That's what the law says... They're saying that any knife is a "dangerous or deadly weapon usually employed in the attack on or defense of a person" Therefore it can't be concealed.

If it's clipped to your pocket and the butt end of the knife is sticking out of the pocket and the pocket is visible, then the knife isn't concealed and you're good.

[Yellowfin]

In Post-Chitwood Portland, yes it is. The Chitwood-ese was something about knifes that could be opened with one hand. In Boyscouts case I think it was the Leek that really got him busted...

which sucks, since you can buy a Leek in a dozen places in Portland but once you carry it out of the store, you're in violation....doesn't make sense, huh?:dunno:Mmm, I love leeks! I slice them thinly and cook them with zucchini and bacon, seasoned with oregano, garlic, and pepper. DELICIOUS! :eat:

[huntpro13]

B. Wear under the person's clothes or conceal about the person's person a firearm, slungshot, knuckles, bowie knife, dirk, stiletto or other dangerous or deadly weapon usually employed in the attack on or defense of a person

That's what the law says... They're saying that any knife is a "dangerous or deadly weapon usually employed in the attack on or defense of a person" Therefore it can't be concealed.

If it's clipped to your pocket and the butt end of the knife is sticking out of the pocket and the pocket is visible, then the knife isn't concealed and you're good.


So somewhere around 80% of our male population is violating this law? I need to get some clarification from a lawyer on this. Seems silly to me.

[boyscout399]

So somewhere around 80% of our male population is violating this law? I need to get some clarification from a lawyer on this. Seems silly to me.

Pretty dumb huh? That was my thoughts on the matter...

I would not be surprised if EVERY cop that arrested me had a knife in their pocket...

[Mixinguiness]

Not to get OT or to jack the thread but I was OC'ing in Kittery att he trading post. I have a NH CCL but not ME. I was kindly asked by the store manager to cover my weapon. I politley replied "ME is an open carry state and I saw no sign at the front entrance about No open Fire Arm Carry" He replied that there was a sign and suggested he could show me.

I resolved the situation by covering my weapon (illegally) and continued shopping. If I happen to re-enter the state more frequently with a weapon, I will get a CCL to be on the safe side. I would rather CC than OC just to NOT get hassled.

I too carry a automatic knife clipped to the inside of my pocket. Depending on what I am wearing It may or may not be seen.

[Bozz]

Not to start ANOTHER debate about OC'ing, but it just doesn't seem worth the hassle in my opinion. Florida doesn't allow it, so I doubt I ever will -- but after reading what people post on it I don't think it would be for me anyway.

Bozz

[RussP]

Pretty dumb huh? That was my thoughts on the matter...

I would not be surprised if EVERY cop that arrested me had a knife in their pocket...In VA they are excluded from the automatic knife law, so I imagine a few carry autos.


:cool:

[voodoomanx]

...

But I stand by my belief that the law says you cannot carry a gun into a place that sells booze for consumption on premisis....there I am done...and PelhamGMan God speed and have great trip regardless..:faint:

You are wrong on that point. The place must be "posted" with a no firearms sign.

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,

Op...enjoy your visit. Those towns are fantastic places to visit. Great food, clean air, and HAVE FUN. (Personally I wouldn't open carry in these towns. Odds are you might have to chat with the local PD, not that they are bad mind you, but just that tourists don't come here to spend their money if they're scared by "people with guns.")

[boyscout399]

Not to get OT or to jack the thread but I was OC'ing in Kittery att he trading post. I have a NH CCL but not ME. I was kindly asked by the store manager to cover my weapon. I politley replied "ME is an open carry state and I saw no sign at the front entrance about No open Fire Arm Carry" He replied that there was a sign and suggested he could show me.

I resolved the situation by covering my weapon (illegally) and continued shopping. If I happen to re-enter the state more frequently with a weapon, I will get a CCL to be on the safe side. I would rather CC than OC just to NOT get hassled.

I too carry a automatic knife clipped to the inside of my pocket. Depending on what I am wearing It may or may not be seen.

The auto knife IS illegal in Maine, Just so you know. There's a knife trafficking law. I would suggest not carrying it while OCing the firearm, that's what got me in trouble. (and my knives weren't even auto)

[boyscout399]

Not to get OT or to jack the thread but I was OC'ing in Kittery att he trading post. I have a NH CCL but not ME. I was kindly asked by the store manager to cover my weapon. I politley replied "ME is an open carry state and I saw no sign at the front entrance about No open Fire Arm Carry" He replied that there was a sign and suggested he could show me.

I resolved the situation by covering my weapon (illegally) and continued shopping. If I happen to re-enter the state more frequently with a weapon, I will get a CCL to be on the safe side. I would rather CC than OC just to NOT get hassled.

I too carry a automatic knife clipped to the inside of my pocket. Depending on what I am wearing It may or may not be seen.

also, I never argue about the "posted" issue once the business owner asks me to leave... Even if they aren't posted, once they've asked you to leave, you're trespassing.

[Mixinguiness]

The auto knife IS illegal in Maine, Just so you know. There's a knife trafficking law. I would suggest not carrying it while OCing the firearm, that's what got me in trouble. (and my knives weren't even auto)

Does that include Fire/EMS?

[boyscout399]

Does that include Fire/EMS?

there's no exemption for it in the law...