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Cop had a problem on OC.
 Moderated by: jpierce  
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nick
Regular Member


Joined: Sat Jul 14th, 2007
Location: Maine USA
Posts: 6
Status:  Offline
 Posted: Sat Sep 8th, 2007 04:23 pm
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So i have a freind in the state police and i go riding with him a lot, and i braught up open carrying to see what he would say the law was, and I guess im a little confused. I was told it was legal, from this site and others, but he said if im carrying it better be concealed if im planning on carrying it into any type of store, or just around town. His words were to me that if i were to carry it somewhere and a cop saw me or someone called 911, I would be taken down at gun point and possibly taken to jail??? can anyone help me get this straight? I was just at the point where i could carry anywhere and not feel weird... lol 

ConditionThree
Activist Member


Joined: Mon May 22nd, 2006
Location: Shasta County, California USA
Posts: 945
Status:  Offline
 Posted: Sat Sep 8th, 2007 09:25 pm
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nick wrote: So i have a freind in the state police and i go riding with him a lot, and i braught up open carrying to see what he would say the law was, and I guess im a little confused. I was told it was legal, from this site and others, but he said if im carrying it better be concealed if im planning on carrying it into any type of store, or just around town. His words were to me that if i were to carry it somewhere and a cop saw me or someone called 911, I would be taken down at gun point and possibly taken to jail??? can anyone help me get this straight? I was just at the point where i could carry anywhere and not feel weird... lol 
 

Okay, you have a friend in the State Police... But he isnt an attorney and asking cops whether or not something is legal is kinda like asking the hall monitor permission to pee. Some would let you stand there doing the 'potty dance' before giving you their opinion, because thery certainly arent going to give you 'permission' or facts that would satisfactorily sate your curiosity.

If you arent 100% sure, take the time to consult an attorney and ask them what the law says- then carry a copy of the citations indicating the lawfulness of your conduct everywhere you go.

I have asked police and those who serve law enforcement about open carry and have been misled or intimidated by surly civil servants who dont know what the "Eff" they are talking about. So take what your policeman 'friend' has said with a grain of salt- and seek a qualified opinion.

ptmmatssc
Regular Member
 

Joined: Thu Jul 19th, 2007
Location: Maine USA
Posts: 18
Status:  Offline
 Posted: Fri Sep 14th, 2007 04:33 pm
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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); 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); Pt. X, §2 (aff).] [2003, c. 452, Pt. N, §2 (new); Pt. X, §2 (aff).] 2. Exceptions. The provisions of this section concerning the carrying of concealed weapons do not apply to:

http://janus.state.me.us/legis/statutes/25/title25sec2001-A.html

I open carry . At no time do I "display in a threatening manner" . I carry the same way any LEO does . I have yet to be harrassed for OCing . The problem though with the statute is the vagueness in terminlogy . Who decides if it is a "threatening manner" and can it be considered such if a non gunnie gets spooked from seeing your gun? For me , it has been a non issue . At the worst , I have had someone say that they didn't think it was right to be able to carry , but they didn't throw a fit or call the cops. Most of the time I get the " hey, what you packin' ? " comments .

I do agree . Consult an attorney .Better to ask before than to fight it out later and find you don't have a leg to stand on . For me , I'm covered anyway since I have my concealed permit . Otherwise , I would be consulting an attorney myself.

shooter z
Regular Member


Joined: Thu Jun 26th, 2008
Location: South Carolina USA
Posts: 6
Status:  Offline
 Posted: Wed Jul 2nd, 2008 02:52 pm
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I lived in Maine for 41 years and know many LEO's  and I have never seen  many folks OC [except during hunting season] I know when I hunted deer I used a shotgun but carried a handgun with me as well [mainly for dispatching it if needed]


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