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[Annie Oakley]

:[-X Long story short: Have property in Maine, it was broken into, travel from Vermont to Maine carrying my 22 automatic, in a holster, nothing in the chamber, 6 in the clip, elastic bands around the holster. Get pulled over in Rumford, for speeding, get arrested, (small cliche with VT), any event, they are going to tow my car away, So I inform the officer to get my gun on the drivers seat floor. He retrieves my gun, walks to the front of my jeep (out of the way of the cruiser camera) and jams the clip in the gun, and now charges me with carrying a concealed weapon. Now, I have never had any gun incident, I also contacted the Town Clerk and Gun club on getting a Concealed permit, and was told I don't need one in Maine, as long as the gun isn't loaded. Which is wasn't and the clip was sitting in the gun but not locked, and no bullet in the chamber, and I informed the officer of the gun, when I realised I was going to be arrested (dls). Then they kept my gun, gave me no paperwork, and have a court date in August. Any usefull information out there. :[-X

[CVC]

If you don't have a lawyer then get one fast.

[WesternHunter]

That's why I don't trust cops. A lot of them have criminal minds. That's evil doing that out of sight of the camera just to bust you. Dirty cops!! I've served on jury duty before and watch cops lie through their teeth under oath, yet they were never charged.

[CVC]

I was on jury duty when a juror said, "well the police officer said it and police officers don't lie!"

I wanted to come across the table and slap her.

Cops lie all the time. Part of the reason OJ got off is because they caught Mark Furman lying.

One cop told me - "I'd never get a conviction if I was honest." I wanted to spit in his face but held my tongue because he said it in the course of my work with them. It was early in my career, today I think I might have to challenge him.

[Annie Oakley]

:thumbsup1: Thanks folks, but I really don't thing I will need a lawyer, or at least I hope not. If I was wearing the gun there would be no problem, nor having the gun be a problem. It just cannot be loaded, from my understanding, and it wasn't. The officer never found the gun, I informed him, when they told me they were towing my jeep. I also think the camera in the cruiser, unless he had it off, which I don't believe he did, because he made sure when he cuffed me, I was infornt of the cruiser. It's what he did when I informed him he better retrieve my gun, he went to the front of my jeep, out of the way of the camera in the cruiser. Think that should speak volumes. Never mind the fact I wasn't driving under any suspension, I was an error with the State of Vermont, over an expired inspection on a new vechicle. :roll:

[CVC]

Was the clip in the gun?

[Hammer1]

You would be wise to discuss the matter with a lawyer (one that practices Criminal Law in the State of Maine) and has at least ten years experience under his/her belt.
Good luck, sounds like you might need it. ::-k

[Annie Oakley]

:](*,) Yes the clip was in the gun, but not locked in, thats is why I had elastic bands around the holster, too keep the clip from sliding out. I know VT and Maine are neighbors, but it's a 500 mile jaunt to Eastport Me, from the Kingdom VT. They told me it's not a federal offense. They seemed a little upset that it was just a 22, think they were disappointed they didn't get my 9, said to me; "why just a 22, I said, because I am excellent with a 22, that's all I need". The guy who sets the bail, seemed pretty compassionite, unless that's good cop, bad cop routine. And like I said, had I been wearing the gun, there would have been no problem, but I was in the privacy of my car, doing a long run. I did speak with my attorney, and was told, they should have given me something saying they have my gun. Which I asked for, and was told I didn't need anything. When the officer was trying to find the code to charge me, he said this is a matter of interpertation. Yeap, stuffed and cuffed in Maine, all because of a computer cliche in Vermont, over an expired inspection sticker fine which was paid. $750.00 + later, not to mention having friends come and get me and my car. I would love to see the vidio tape when they paraded me down the street in ankle and wrist cuffs, and no jacket. They wouldn't let me wear the army jacket to the ATM to get my bail money, and it was poring out. Super Troopers :[-X

[CVC]

You can search Maine gun laws. Out of curiousity I did and they define a loaded gun as having the clip, mag, etc. attached.

You might want to take a look at the statute so you know what you're up against if you defend yourself.

I still stand by getting an attorney to represent you. It is not really a matter of guilty or innocent, but knowing the law, the rules, professional courtesy, and so on.

Good luck.

[Annie Oakley]

:thumbsup1: Ty, thanks for all your help, I will keep you posted on the outcome. Never a dull moment.

[CVC]

Keep us posted and be sure to visit the other forums to join in on more pleasant discussions.

[expatriate]

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]

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) .]

[Annie Oakley]

:thumbsup1: 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. :[-X

[Hammer1]

http://www.handgunlaw.us/docum.....itsA-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.