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Police Stations

Flashlight

Regular Member
Joined
Jul 6, 2010
Messages
68
Location
Indiana
I was at the local police station today. Stopped by on my home from work so I was unarmed. I noticed a sign that said that weapons of any kind are prohibited in the facility. I don't remember police stations being on the prohibited places list and just I looked up what I believe the current statutes and didn't see those mentioned. Am I wrong?
 

crdonov

Regular Member
Joined
May 16, 2010
Messages
463
Location
south portland, Maine, USA
I was at the local police station today. Stopped by on my home from work so I was unarmed. I noticed a sign that said that weapons of any kind are prohibited in the facility. I don't remember police stations being on the prohibited places list and just I looked up what I believe the current statutes and didn't see those mentioned. Am I wrong?

i dont think you are wrong...boyscout can you help???

xd-over
 

boyscout399

Regular Member
Joined
May 23, 2008
Messages
905
Location
Lyman, Maine
Local police stations would fall under state preemption law. They cannot prohibit you from carrying a firearm there. They can prohibit any other types of weapons as there is only a preemption statute regarding FIREARMS.

The holding area of the station may fall under the jurisdiction of the state corrections agency. That STATE agency can have a rule regarding firearms and it would hold weight of law, but no LOCAL rule is valid.

I would be sure to carry a copy of the state preemption statute (click here) when I carried into that station, and I most certainly would carry into that station if I had business there. The sign (since it carries no weight of law) would not deter me. I strongly suggest making your own decision on how much hassle you want to get into yourself. You may be arrested, you may be charged with something bogus, you may have to get a lawyer to fight it... But in the end you are in the right.
 

Flashlight

Regular Member
Joined
Jul 6, 2010
Messages
68
Location
Indiana
I went to the Portland Police Station tonight to file a complaint. I was open carrying. I met with a Lt that brought me back to a room to talk and discuss my complaint and fill out the complaint form. He never even mentioned the gun. I figured I would have to argue to try to get past the lobby while armed and then get kicked out.
 

boyscout399

Regular Member
Joined
May 23, 2008
Messages
905
Location
Lyman, Maine
I went to the Portland Police Station tonight to file a complaint. I was open carrying. I met with a Lt that brought me back to a room to talk and discuss my complaint and fill out the complaint form. He never even mentioned the gun. I figured I would have to argue to try to get past the lobby while armed and then get kicked out.

Wow. When I went to file a complaint they would not let me carry and told me to put my gun in the car. I compromised and let the officer taking the complaint hold the gun while I was in the secure side.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Wow. When I went to file a complaint they would not let me carry and told me to put my gun in the car. I compromised and let the officer taking the complaint hold the gun while I was in the secure side.

Have to ask - What is the "secure side"? Would not think that you were inside the perimeter of a jail/correctional facility, so where/how is the "secure side" defined or delineated by law?

A good response when told do something questionable or under color of law is "No thank you." Doing so is not outright refusal or failing to comply with a lawful order - it puts the ball right back in their court too.
 

boyscout399

Regular Member
Joined
May 23, 2008
Messages
905
Location
Lyman, Maine
Have to ask - What is the "secure side"? Would not think that you were inside the perimeter of a jail/correctional facility, so where/how is the "secure side" defined or delineated by law?

A good response when told do something questionable or under color of law is "No thank you." Doing so is not outright refusal or failing to comply with a lawful order - it puts the ball right back in their court too.

There is a lobby with a locked door that leads to the rest of the station. you have to get buzzed in or know the code for the door. It is not a jail. There is no "secure side" in the law, the law does not allow them to prevent carry there due to state preemption.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
There is a lobby with a locked door that leads to the rest of the station. you have to get buzzed in or know the code for the door. It is not a jail. There is no "secure side" in the law, the law does not allow them to prevent carry there due to state preemption.

Not trying to put anyone on the hot seat - trying to connect the dots.

Would it be correct to say that they are attempting to limit/discourage LAC from carrying in the station in spite of the legality of it?
Why else ask you to take it to your car or hold it for you?

I'm still of the "No thank you" mind set.
 

boyscout399

Regular Member
Joined
May 23, 2008
Messages
905
Location
Lyman, Maine
Not trying to put anyone on the hot seat - trying to connect the dots.

Would it be correct to say that they are attempting to limit/discourage LAC from carrying in the station in spite of the legality of it?
Why else ask you to take it to your car or hold it for you?

I'm still of the "No thank you" mind set.

Believe me, I made a HUGE stink about it. That's probably why they let Flashlight in :)... I compromised because it was either that or they were going to refuse to take the complaint. I felt it more important to get the complaint
 

Flashlight

Regular Member
Joined
Jul 6, 2010
Messages
68
Location
Indiana
Believe me, I made a HUGE stink about it. That's probably why they let Flashlight in :)... I compromised because it was either that or they were going to refuse to take the complaint. I felt it more important to get the complaint

Are you going to file a complaint about this?
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Believe me, I made a HUGE stink about it. That's probably why they let Flashlight in :)... I compromised because it was either that or they were going to refuse to take the complaint. I felt it more important to get the complaint

Are you going to file a complaint about this?

not if they fixed it when you went in

A follow up letter to the Chief of Police, briefly documenting the two incidents, asking how they will be handling this in the future might go a long way to prevent future similar mishaps. Either that or wait and see what happens next time vs an ounce of prevention now.
 

Maine Expat

Regular Member
Joined
Jun 29, 2012
Messages
235
Location
Ukraine & Bangor Maine
Well not a real police station, but...

I swung by the Air Base in Bangor today and met briefly with the Chief of Security Police there.

He told me to just inform the gate guard I had a fire arm and leave it in the car when I visit the BX or Commissary, etc. So now if one of the "troops" gives me some static I can tell them to call their Chief to get the real skinny.

I'm guessing my MAINEiacs Retiree hat might have helped things along too, that and the fact I used to ride with the former Chief on patrol. :banana:

The whole point is that I went proactive in making first contact.
 

Flashlight

Regular Member
Joined
Jul 6, 2010
Messages
68
Location
Indiana
This didn't last long. I talked with the internal affairs person today to set up a time to meet in regards to my complaint. I was told that I would not be allowed beyond the lobby with a firearm. And I had to agree to that to confirm the appointment. I of course will show up armed and argue with them.
 

boyscout399

Regular Member
Joined
May 23, 2008
Messages
905
Location
Lyman, Maine
Same with me, I have an appt with Sgt Grabolski on Monday and she said I could not bring my firearm past the lobby. She did say they would provide me with a locker to stow my firearm while I was there. I have decided that I will comply, but I will bring a copy of the State Preemption law and I will bring it up in our meeting.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Personal Opinion - Holding court or discussing

This didn't last long. I talked with the internal affairs person today to set up a time to meet in regards to my complaint. I was told that I would not be allowed beyond the lobby with a firearm. And I had to agree to that to confirm the appointment. I of course will show up armed and argue with them.

Seek their cooperation or get in their face. Choices - we all make choices. Consider Boyscout's approach and decide which way will likely get better results.


Same with me, I have an appt with Sgt Grabolski on Monday and she said I could not bring my firearm past the lobby. She did say they would provide me with a locker to stow my firearm while I was there. I have decided that I will comply, but I will bring a copy of the State Preemption law and I will bring it up in our meeting.

Let us know how this goes - education with a smile beats holding court any day in my book. Good luck.
 

Flashlight

Regular Member
Joined
Jul 6, 2010
Messages
68
Location
Indiana
Same with me, I have an appt with Sgt Grabolski on Monday and she said I could not bring my firearm past the lobby. She did say they would provide me with a locker to stow my firearm while I was there. I have decided that I will comply, but I will bring a copy of the State Preemption law and I will bring it up in our meeting.

How did it go?
 
Last edited:

boyscout399

Regular Member
Joined
May 23, 2008
Messages
905
Location
Lyman, Maine
When Sgt Grabolski met me in the lobby, I handed her my firearm still in holster. She put it into the armory while we had our meeting. During the meeting I gave her a copy of the state preemption law. She said she was unaware and had never seen that law and would forward it to the legal dept.

My opinion is that the legal department doesn't care what the law says because the pre-emption law has no teeth. I am curious if anyone has any experience with the writ of Mandamus procedure... I would like to get a writ to force the State Police to issue me my permit since it has been over 30 days, and I would like to get a writ to force the City of Portland to stop enforcing it's illegal rules and erase the illegal laws.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
When Sgt Grabolski met me in the lobby, I handed her my firearm still in holster. She put it into the armory while we had our meeting. During the meeting I gave her a copy of the state preemption law. She said she was unaware and had never seen that law and would forward it to the legal dept.

My opinion is that the legal department doesn't care what the law says because the pre-emption law has no teeth. I am curious if anyone has any experience with the writ of Mandamus procedure... I would like to get a writ to force the State Police to issue me my permit since it has been over 30 days, and I would like to get a writ to force the City of Portland to stop enforcing it's illegal rules and erase the illegal laws.

http://answers.bloglines.com/Financ...3be35836-1625-43db-a7fb-a487ec872e30-0-us_gsb

http://www.writofmandamus.com/maine-writ-of-mandamus-forms/

You will likely want an attorney/lawyer if you do go this route, but that may be premature.

Have you sent them in writing a formal copy of the applicable law AND requested them to comply with the law? Request a formal/written response from them. If they still do not comply then you IMO will have standing and grounds to suit or you may proceed with other options.

The letter may be all that it takes to get things fixed. Don't get into he-said-she-saids, just state the facts as you understand them, what the law says and what you are requesting i.e. no guns past the lobby, state law ## says they can't do that, you have no exception to state law, please correct this rule/policy and notify me of your action.

Wait several weeks and send follow up. A little push goes a long way.

IANAL
 
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