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expatriate's picture
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Location: Arizona
Joined: 10/26/2002
Posts: 3207
Maine gun law

I'm curious...the clip was in the gun, but wasn't "locked in?" What kind of gun was it? I've always carried/transported handguns with the magazine either in or out. If I have it in the gun, I push it in all the way but may not chamber a round. So I'm having a hard time picturing the configuration or understanding why you'd mess with elastic bands vs locking it in or keeping it separate.

Unless I'm missing something, it sounds like someone could see this and think you're trying to skirt the restriction against a "loaded" firearm by carrying it in such a way that you could claim the magazine wasn't installed. However, you could simply give it a tap before drawing and it'd be locked. So it sounds like the case will hinge on the legal definition of "loaded" -- in which case you may be trying to argue that you weren't smoking because you didn't inhale.

CVC
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Location: Kansas
Joined: 03/04/2006
Posts: 3586
Maine gun law

The internet is a wonderful tool. I found this Maine statute.

12 §11212. Motor vehicles and motorboats

1. Prohibition. The following provisions apply to shooting from a motor vehicle or motorboat or possessing a loaded firearm or a crossbow in a motor vehicle.
A. A person may not shoot while in or on a motor vehicle or motorboat or while in or on a trailer or other type of vehicle being hauled by a motor vehicle except:
(1) A person may hunt migratory waterfowl from a motorboat in accordance with federal regulations;
(2) Paraplegics and single or double amputees of the legs may shoot from motor vehicles that are not in motion; and
(3) A person may shoot from a motorboat if that boat is not being propelled by its motor. [2003, c. 655, Pt. B, §142 (AMD); 2003, c. 614, §9 (AFF); 2003, c. 655, Pt. B, §422 (AFF).]
B. A person may not, while in or on a motor vehicle or in or on a trailer or other type of vehicle being hauled by a motor vehicle, have a cocked and armed crossbow or a firearm with a cartridge or shell in the chamber or in an attached magazine, clip or cylinder or a muzzle-loading firearm charged with powder, lead and a primed ignition device or mechanism, except that a person who has a valid Maine permit to carry a concealed weapon may have in or on a motor vehicle or trailer a loaded pistol or revolver covered by that permit. [2005, c. 477, §9 (AMD).]
C. A person may not possess a wild animal or wild bird taken in violation of paragraph A or B, except as otherwise provided in this Part. [2003, c. 414, Pt. A, §2 (NEW); 2003, c. 614, §9 (AFF).]
[ 2005, c. 477, §9 (AMD) .]

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Location: Northeast Kingdom VT
Joined: 06/29/2008
Posts: 46
Maine gun law

Thumbs up Thank you so much for all the help, especially the Maine statue:
Normally the gun is held in a zippered case, similar to a digital camera case, completely enclosed. But knowing where I was traveling with it, I chose to put it in the holster, which is just a sweade pouch with no strap, had raw hide strings. but have been long gone, so the gun is just resting in the sweade pouch, in order to keep it from slipping out, I used elastic bands to hold it in the holster, as I had it on the floor of my jeep, and didn't want dirt or it moving out side of the holster. This 22 is a little bigger than a derringer, pretty much fits in the palm of your hand, this holster has a clip to fit on the inside of your pants, but for a 500 mile jaunt, it's rather incomfortable. And yes, the clip was resting in the gun, but not locked in, and nothing in the chamber.with an elastic band keeping it from being locked in, sticking out about a 1/2 inch. Never mind the fact, that I, trying to be responsible inform the officer to retrieve the gun, once I learned they were towing the jeep, and I was cuffed. So how can that be called a concealed weapon? It is what the officer did after retrieving the gun, he steps to the front of my jeep, out of the way of the camera and tries to jam the clip in the gun, and then tells me the clip was locked in, but I actually never saw that, Just what he said, which there was an elastic band around the bottom of the clip, to keep it from getting locked in. Shame on You!

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Joined: 12/03/2005
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Maine gun law

http://www.handgunlaw.us/documents/USOffLimitsA-M.pdf
( Click on ME after site opens)
Assuming the above link contains factual information, in Maine, a firearm is loaded when magazine in inserted in firearm, to any degree. and probably the same regardless of where you travel in USA/Canada.

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Location: Misouri
Joined: 11/30/2005
Posts: 365
Maine gun law

Higher a lawyer. If your going to represent yourself you have a fool for a client. Shame on You! Wait until your court case is OVER before discussing anything in a public internet forum. Brick Wall,)

WesternHunter's picture
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Maine gun law
remington wrote:
Higher a lawyer. If your going to represent yourself you have a fool for a client. Shame on You! Wait until your court case is OVER before discussing anything in a public internet forum. Brick Wall,)

I must agree fully. If I were in this situation I would not be talking about this to my closest friends let alone to total strangers. Good advise.

expatriate's picture
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Location: Arizona
Joined: 10/26/2002
Posts: 3207
Maine gun law

EXCELLENT POINT. Everything you've said on this forum is a public statement admissable in court by the prosecution. You have the right to remain silent, and remington just gave you the best advice ever.

Moderator, I guess the question at hand now is whether to let the matter stand, or pull down Annie Oakley's posts on this thread out of respect for her Fifth Amendment rights.

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Location: Northeast Kingdom VT
Joined: 06/29/2008
Posts: 46
Maine gun law

Yes Your absolutely right. I agree with you whole hearted. To be honest with you, thanks for waking me up, never gave that a thought, just been so upset over the whole thing, never mind, I feel naked without that piece. I know I have bigger and better, but that is just so convienent, and easy to carry. Not to mention, I have never been arrested for anything, not to mention this all falls on VT. and not logging the info into the system for expired inspection sticker. Oops!

Location: Butte, MT
Joined: 01/02/2006
Posts: 234
Maine gun law

Advice to the contrary... I hate to be the one to tell you this, but if I read the statute posted by CVC correctly, as well as your description of how the .22 was being transported, your not going to win. I'd recommend you save the $ you're going to spend on retaining a lawyer, plead guilty and pay the fine.

You might just talk to the judge about your misunderstanding of the law... never been arrested... going to see about property that had been broken in to... etc. He might just have mercy on you and through the case out. I've seen municipal and Justice judges do that more often than you'd think.

Just my dos centavos.

Location: Butte, MT
Joined: 01/02/2006
Posts: 234
Maine gun law

Another thing I might mention... this really doesn't "fall on VT" what ever citations you might have gotten for the expired sticker obviously does, but regardless, the siezure of your .22 is another matter completely (in a legal sense). It is now evidence collected by an officer. The only way that evidence is thrown out is via "supression" because it was obtained in an illegal or coerced search. Obviously, the search was not illegal or coerced because you told him it was there and gave him permission to get it. The problem was that it was being transported in a manner that constitutes a concealed weapon.

Anyway, I've worked in criminal justice/community corrections for the past 10 years and I've made a whole pile of felony and misdemeanor cases based on searches myself. I'm really not trying to take sides here, I'm just telling you realistically how I think this will go. Good luck, whatever you do.

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