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The end of open carry in Maine!!

tazxrulz

Regular Member
Joined
Jan 27, 2011
Messages
69
Location
Saco, ME
This just in: "An Act To Clarify the Law Concerning the Threatening Display of Dangerous Weapons" H.P. 255 L.D. 380 / Ought to Pass Prevails
I think it was 20-15 vote. Hope Governor has his veto pen ready!


Lots of gun bills up today. I am watching live here.. http://www.maine.gov/legis/audio/direct/SenateV.html


so far this is what went down.
"An Act To Repeal the Restriction on Employers Regarding Firearms Kept in an Employee's Vehicle" S.P. 98 L.D. 265 / Motion from Gerzofskey Minority Report Ought to Pass / The Great Dictators Motion has been defeated! 20-15

"An Act Regarding the Sale of Firearms at Gun Shows" S.P. 100 L.D. 267 / has been defeated / 19-16
 

Marcus92183

Regular Member
Joined
Oct 30, 2012
Messages
68
Location
saco, Maine, United States
This just in: "An Act To Clarify the Law Concerning the Threatening Display of Dangerous Weapons" H.P. 255 L.D. 380 / Ought to Pass Prevails
I think it was 20-15 vote. Hope Governor has his veto pen ready!


Lots of gun bills up today. I am watching live here.. http://www.maine.gov/legis/audio/direct/SenateV.html


so far this is what went down.
"An Act To Repeal the Restriction on Employers Regarding Firearms Kept in an Employee's Vehicle" S.P. 98 L.D. 265 / Motion from Gerzofskey Minority Report Ought to Pass / The Great Dictators Motion has been defeated! 20-15

"An Act Regarding the Sale of Firearms at Gun Shows" S.P. 100 L.D. 267 / has been defeated / 19-16
if the governor doesn't shoot this down be prepared for a headache anytime you open carry now carry now and be ready to give all your info to the police
 

RLTW!

Regular Member
Joined
Dec 24, 2012
Messages
13
Location
Portland
LD 380 was amended and took out the "reasonable person / intimidation and alarm"

Original:
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 25 MRSA §2001-A, sub-§1, as enacted by PL 2003, c. 452, Pt. N, §2 and affected by Pt. X, §2, is amended to read:

1. Display or carrying prohibited. A person may not, unless excepted by a provision of law:
A. Display in a threatening manner 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 . For purposes of this paragraph, "display in a threatening manner" includes to display in a public place in a manner that causes a reasonable person to suffer intimidation or alarm; or
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.
SUMMARY

This bill amends the law regarding threatening display or carrying of a dangerous weapon by clarifying that "display in a threatening manner" includes to display a dangerous or deadly weapon in a public place in a way that causes a reasonable person to suffer intimidation or alarm.
Amended:
Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

‘Sec. 1. 25 MRSA §2001-A, sub-§1, as enacted by PL 2003, c. 452, Pt. N, §2 and affected by Pt. X, §2, is amended to read:

1. Display or carrying prohibited. A person may not, unless excepted by a provision of law:
A. Display in a threatening manner 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; or
B. Wear under the person's clothes or conceal 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. As used in this paragraph, "conceal" means to carry hidden from the detection and view of another person, either upon or about the person, in a purse or other container belonging to the person or in a vehicle that is operated by the person or in which the person is a passenger; or
C. While in possession of a dangerous or deadly weapon in a public place, refuse to provide that person's name, address and date of birth at the request of a uniformed law enforcement officer or a properly identified law enforcement officer not in uniform, if the totality of circumstances is such as to lead the officer to reasonably believe that the protection of public safety requires such identification.
As used in this subsection, "dangerous or deadly weapon" has the same meaning as "dangerous weapon" in Title 17-A, section 2, subsection 9, paragraph C and "public place" has the same meaning as in Title 17-A, section 501-A, subsection 2, paragraph A.

Nothing in this subsection may be construed to prohibit a person in this State not otherwise prohibited by law from carrying a loaded or unloaded firearm openly upon the person or in a belt or shoulder holster that is wholly or partially visible.’

SUMMARY

This amendment replaces the bill and is the majority report of the committee. The amendment clarifies that, except as prohibited by law, a person has the right to carry an unconcealed firearm in this State. The amendment prohibits a person, unless excepted by law, from refusing to provide that person's name, address and date of birth at the request of a law enforcement officer if the person possesses a dangerous and deadly weapon in a public place if the totality of the circumstances is such as to lead the officer to reasonably believe that the protection of the public requires identification.
 

outdoors357

Regular Member
Joined
Aug 12, 2010
Messages
14
Location
South
So would the new section B mean that one can no longer carry an unloaded pistol with load magazines separate from the gun?

Any idea if the governor will sign it?
 

outdoors357

Regular Member
Joined
Aug 12, 2010
Messages
14
Location
South
Yes, in a vehicle. There is that last bit in section B that looks troubling.


B. Wear under the person's clothes or conceal 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. As used in this paragraph, "conceal" means to carry hidden from the detection and view of another person, either upon or about the person, in a purse or other container belonging to the person or in a vehicle that is operated by the person or in which the person is a passenger; or


I'm not from Maine and am not familiar with the governor's track record or leanings. Boyscout, you seem pretty certain that he won't sign. I'm hoping that turns out to be correct.
 

boyscout399

Regular Member
Joined
May 23, 2008
Messages
905
Location
Lyman, Maine
Yes, in a vehicle. There is that last bit in section B that looks troubling.


B. Wear under the person's clothes or conceal 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. As used in this paragraph, "conceal" means to carry hidden from the detection and view of another person, either upon or about the person, in a purse or other container belonging to the person or in a vehicle that is operated by the person or in which the person is a passenger; or


I'm not from Maine and am not familiar with the governor's track record or leanings. Boyscout, you seem pretty certain that he won't sign. I'm hoping that turns out to be correct.
He's a staunch 2nd Amendment Supporter who believes we should have the right to own and bear whatever guns we wish including machine guns. He has vowed not to sign ANY legislation restricting 2A.

The bold passage just clarifies what the law has been all along. You cannot conceal a firearm in Maine without a CCW permit. You can't conceal it in your trunk. You can't conceal it in a gun case, you can't conceal it anywhere in the state without a permit to conceal it. It doesn't say you can't have it in a car. It says you can't have it HIDDEN in a car.
 

outdoors357

Regular Member
Joined
Aug 12, 2010
Messages
14
Location
South
Not to beat a dead horse, but the current statute says without a permit, you can't carry "loaded or concealed in a vehicle".

Not go back and read Section B. It gives the definition of conceal which says that carrying a firearm in a vehicle is by definition in the proposed statute concealed. No mention of loaded or unloaded at all. The proposed statute is worded very differently so as to change what is currently allowed under Maine law.


B. Wear under the person's clothes or conceal 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. As used in this paragraph, "conceal" means to carry hidden from the detection and view of another person, either upon or about the person, in a purse or other container belonging to the person or in a vehicle that is operated by the person or in which the person is a passenger; or




Of course, if the governor is going to veto it, then the issue is moot.
 
Last edited:

SPOProds

Regular Member
Joined
Jan 14, 2012
Messages
464
Location
Orono, ME
Not to beat a dead horse, but the current statute says without a permit, you can carry "loaded or concealed in a vehicle".

Not go back and read Section B. It gives the definition of conceal which says that carrying a firearm in a vehicle is by definition in the proposed statute concealed. No mention of loaded or unloaded at all. The proposed statute is worded very differently so as to change what is currently allowed under Maine law.


B. Wear under the person's clothes or conceal 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. As used in this paragraph, "conceal" means to carry hidden from the detection and view of another person, either upon or about the person, in a purse or other container belonging to the person or in a vehicle that is operated by the person or in which the person is a passenger; or




Of course, if the governor is going to veto it, then the issue is moot.
Please rephrase this. As my brain just had a melt down.

Sent from the back of a black van
 

boyscout399

Regular Member
Joined
May 23, 2008
Messages
905
Location
Lyman, Maine
Not to beat a dead horse, but the current statute says without a permit, you can carry "loaded or concealed in a vehicle".
This is not true. Please cite statute. The current statute says you CAN'T carry loaded in a vehicle without a CCW permit CITE and you can't conceal the firearm in or out of a vehicle without a CCW permit. CITE
 

outdoors357

Regular Member
Joined
Aug 12, 2010
Messages
14
Location
South
Whoops! My apologies. I did not proof my post as well as I thought I had. It should read that you can't carry loaded or..."

I have edited the earlier post.

Maine statute

Title 25, 2001-A
§2001-A. Threatening display of or carrying concealed weapon
1. Display or carrying prohibited. A person may not, unless excepted by a provision of law:
A. Display in a threatening manner 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; or [2003, c. 452, Pt. N, §2 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
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. [2003, c. 452, Pt. N, §2 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
[ 2003, c. 452, Pt. N, §2 (NEW); 2003, c. 452, Pt. X, §2 (AFF) .]
2. Exceptions. The provisions of this section concerning the carrying of concealed weapons do not apply to:
A. A handgun carried by a person to whom a valid permit to carry a concealed handgun has been issued as provided in this chapter; [2011, c. 691, Pt. A, §24 (RPR).]
B. Disabling chemicals as described in Title 17-A, section 1002; [2011, c. 691, Pt. A, §24 (RPR).]
C. Knives used to hunt, fish or trap as defined in Title 12, section 10001; [2011, c. 691, Pt. A, §24 (RPR).]
D. A handgun carried by a law enforcement officer, a corrections officer or a corrections supervisor as permitted in writing by the officer's or supervisor's employer; [2011, c. 691, Pt. A, §24 (RPR).]
E. A firearm carried by a person engaged in conduct for which a state-issued hunting or trapping license is required and possessing the required license, or a firearm carried by a resident person engaged in conduct expressly authorized by Title 12, section 11108 and section 12202, subsection 1. This paragraph does not authorize or permit the carrying of a concealed or loaded firearm in a motor vehicle; [2011, c. 691, Pt. A, §24 (RPR).]
 

Marcus92183

Regular Member
Joined
Oct 30, 2012
Messages
68
Location
saco, Maine, United States
winning

LD 380 (HP 255)
"An Act To Clarify the Law Concerning the Threatening Display of Dangerous Weapons"
Sponsored by Representative Drew Gattine
Governor Action Vetoed by the Governor
Date 6/25/2013
 

tazxrulz

Regular Member
Joined
Jan 27, 2011
Messages
69
Location
Saco, ME
Great! We are lucky to have a governor that is on our side! Boyscout was right all along about this bill vetoed!
 

SPOProds

Regular Member
Joined
Jan 14, 2012
Messages
464
Location
Orono, ME
Great! We are lucky to have a governor that is on our side! Boyscout was right all along about this bill vetoed!
Hey! Hey! Hey! I made the same predictions! :D

And yea it's great to have him now, but he's running for congress next year. All I can say is here comes a liberal.

Sent from the back of a black van
 
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