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Deuce1911
Regular Member
| Joined: | Fri Aug 1st, 2008 |
| Location: | Kittery, Maine USA |
| Posts: | 54 |
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Posted: Sat Sep 20th, 2008 03:20 pm |
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So i finally completed my basic pistols safety course to apply for my CWP. The class excellent and very informative. At one point however one of the instructors recalled a story about an incident that happend to him. Im not sure when but at anyrate, the story goes like this. This instructor was a police officer in town here in maine and was off duty. he made it a point to always carry concealed wherever he went. this time he happend to be in a jewlery store, for whatever reason. when he leaned over the counter to point at some jewlery that he was intersted in his coat opend alittle and the store employee caught a glimps of his weapon in its holster. Apparently after this somehow the police were called concerning a MWAG. the cops showed up and all was well cuz they knew who he was. my point in this story is that the instructor told my class that if an incident like that happens you can be charged with brandishing a weapon. I have my own views on why i disagree with that. the firearm was in a proper retension holster in accordance with the law. it was now differnt if he had been open carrying, which is legal here as you all know. So my question is can anyone here validate his claim? your help is much appreciated.
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Sonora Rebel
Regular Member
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Posted: Sat Sep 20th, 2008 05:40 pm |
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| I b'lieve 'brandishing' is to have the weapon in hand. Accidental 'display' don't fit that.
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Deuce1911
Regular Member
| Joined: | Fri Aug 1st, 2008 |
| Location: | Kittery, Maine USA |
| Posts: | 54 |
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Posted: Sun Sep 21st, 2008 02:05 pm |
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well according to this website, http://janus.state.me.us/legis/statutes/25/title25sec2001-A.html, there is nothing saying that i could be charged with brandishing. i suppose the police could try to but it would be easily beat in court. a person cannot be charged for lawfull conduct. just like the breach of peace idea i read somewhere on the site. a citizen cannot be charged based on the reaction of others if he/she is operating within the limits of the law to begin with. that is how i understand it but im going to get a hold of the lawer that boyscout used to fight the charges on him earlier int he year in portland. hopefully he can define the law for me. and then ill get a second opinion just in case.
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NavyLT
Regular Member
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Posted: Sun Sep 21st, 2008 02:52 pm |
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| Heck you can be CHARGED with anything - they could charge you with attempted murder. Conviction is an entirely different word altogether.
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