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Old 05-21-2008, 23:27   #1
boyscout399
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Arrested

Well I was arrested for open carrying today in Portland, ME. I was walking a path around the waterfront known as "Back Bay" with my USP Compact in plain sight on my hip.

A police officer drove by with lights and sirens, turned around, jumped out of his car and held me at gunpoint telling me to get on the ground. I complied with his order, but told him who I was and asked him what the problem was. He said nothing and just waited til two other officers arrived. While at gunpoint they then stripped the gun off me and searched me for other weapons. I had a couple SMALL knives in my pockets.

They charged me with three counts of carrying a concealed weapon even though I explained to them that the knives were tools I use at work and I had just got out of work (I work retail and use the knives to cut boxes and one has a screwdriver...)

They confiscated my knives and my gun with extra magazine and didn't give me a receipt when I asked for one.

They didn't seem to care, charged me with all three counts, and now I have a court date coming up.

Does anyone know where I can get a good weapons savvy attorney in Maine?
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Old 05-21-2008, 23:30   #2
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Wow. What are the laws regarding open-carry in Maine?
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Old 05-21-2008, 23:33   #3
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http://opencarry.org/
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Old 05-21-2008, 23:35   #4
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Open Carry is not regulated in Maine, but there is State Preemption so town ordinances are not valid. Portland is notorious for being anti-gun.

Also, this is in the state constitution: Section 16. To keep and bear arms. Every citizen has a right to keep and bear arms and this right shall never be questioned.
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Old 05-21-2008, 23:37   #5
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Members have warned folks several times not to open carry without being absolutely certain your actions are within the law. Letter, spirit and application.
You need the lawyer BEFORE you open carry, to insure that it's lawful where and in the circumstance you're going to do it.

I am so sad this happened to you.
Do you have a public defender/court appointed counsel? What did the prosecutor say?
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Old 05-21-2008, 23:37   #6
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Sorry to hear it.

How did they know you had a gun if it was "concealed?" [sarcasm]

Get the right attorney and you might not be walking to and from work anymore.
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Old 05-21-2008, 23:38   #7
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Do you have a license/permit to carry concealed? (even though you weren't)
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Old 05-21-2008, 23:43   #8
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That sounds terrible... Find a good lawyer and file a lawsuit. Sounds like a violation of your civil rights. Hope everything works out.
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Old 05-21-2008, 23:44   #9
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I sent in my application for my concealed permit yesterday, but due to a noticable increase in crime in Maine, I wanted to legally be able to defend myself before I got my permit, therefore, open carry
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Old 05-21-2008, 23:45   #10
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http://wgme.com/News/story_detail/st...shtml?readmore
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Old 05-21-2008, 23:52   #11
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Quote:
Originally Posted by boyscout399 View Post
Quote:
Portland Armed Man
Matt Lunt, Producer
Last update: 52 minutes ago

Police are investigating a man who they say showed a weapon near Payson Park in Portland Wednesday night.
Police were called to the front of Seaside Nursing Home on Baxter Boulevard just after 7:00 Wednesday night. A short time later police arrested 23 year old Norman Hamann of Lyman, after he was seen with a gun in a holster on his hip. Police say Hamann was also armed with knives, though they still won't say why he was in the area.

Witnesses say police tackled the suspect and arresting him.

No injuries were reported.

Hamann is now free on bail.


The article even specifically points out you were seen with a gun in a holster on your hip. Interesting.
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Old 05-21-2008, 23:54   #12
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Unbelievable! I love how the media uses words like "armed with knives" and "showed a gun" like you were waving it around. Your 15 minutes of fame.
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Old 05-22-2008, 00:03   #13
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Yup. Sure makes you sound like a menace to society. Funny they can't write an article entitled:

"Law abiding citizen assaulted by police"
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Old 05-22-2008, 00:08   #14
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Sounds like a load of crap. Sue them to high heaven.
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Old 05-22-2008, 00:09   #15
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Portland is notorious for being anti-gun.
I dont mean to be a jerk, but it sounds like you knew nothing good was going to come out of this.
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Old 05-22-2008, 00:11   #16
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They tackled you? WTF. after you win your lawsuit, share the love around here
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Old 05-22-2008, 00:12   #17
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You definitely got attention.
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Old 05-22-2008, 00:12   #18
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Yup. Sure makes you sound like a menace to society. Funny they can't write an article entitled:

"Law abiding citizen assaulted by police"
Pshaw. They can't even write an article and keep the verb tense right:

Quote:
Witnesses say police tackled the suspect and arresting him.
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Old 05-22-2008, 00:14   #19
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I dont mean to be a jerk, but it sounds like you knew nothing good was going to come out of this.
Yep. Nothing good can come from exercising your civil liberties. You should have known better.
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Old 05-22-2008, 00:15   #20
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I dont mean to be a jerk, but it sounds like you knew nothing good was going to come out of this.
valid point. I knew that I was probably going to have police contact at some point. However, that should not keep me from protecting myself, nor should it excuse their actions.

Also, I DID apply for my concealed permit, I planned on concealing once I got my permit.
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Old 05-22-2008, 00:18   #21
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valid point. I knew that I was probably going to have police contact at some point. However, that should not keep me from protecting myself, nor should it excuse their actions.

Also, I DID apply for my concealed permit, I planned on concealing once I got my permit.
What's most important is that your actions were legal.

Of course, IANAL....
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Old 05-22-2008, 00:18   #22
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They did not charge you for the gun? How many knives were you carrying and what kind were they?
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Old 05-22-2008, 00:25   #23
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Kershaw Leek, Folding boxcutter, cheap swiss army knock off (for the screwdriver)
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Old 05-22-2008, 00:25   #24
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They did not charge you for the gun? How many knives were you carrying and what kind were they?
It's too bad you had the knives with you, because they'll probably get you for that. And they took your gun? For what..evidence?
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Old 05-22-2008, 00:26   #25
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Kershaw Leek, Folding boxcutter, cheap swiss army knock off (for the screwdriver)
That is illegal to carry?
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