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  #1  
Old 05-01-2012, 03:40 PM
TheHiwayman TheHiwayman is offline
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Location: Southern Maine
Posts: 82
Bar carry




Hey all need some help here...

I am a Maine resident and have a maine CCW...

simply put can you carry concealed in and establishment that serves alcohol?

read the first part of this RSA...to me this sounds like it is permissable if the establishment does not post a prohibition to carry...

I called the state and the answer I got was very vauge and the SGT. said "we advise not to".... advise, or law that is the question I want an answer to.

I dont mean sitting at the bar & getting ripped I mean sitting down eating and the bar is across the room... Appleby's for instance...

17-A M.R.S.A. 1057, Possession of firearms in an establishment licensed for onpremises
consumption of liquor
1. A person is guilty of criminal possession of a firearm if:

A. Not being a law enforcement officer or a private investigator licensed under
Title 32, chapter 89 and actually performing as a private investigator, the person possesses any firearm on the premises of a licensed establishment posted to
prohibit or restrict the possession of firearms in a manner reasonably likely to come to the attention of patrons, in violation of the posted prohibition or restriction; or

B. While under the influence of intoxicating liquor or drugs or a combination of
liquor and drugs or with an excessive blood-alcohol level, the person possesses a
firearm in a licensed establishment.
2. For the purposes of this section, "licensed establishment" means a licensed
establishment as defined by Title 28-A, section 2, subsection 15, the license for which
is held by an on-premise retail licensee, as defined by Title 28-A, section 2, subsection
27, paragraph B. For the purposes of this section, "premises" has the same meaning as
set forth in Title 28-A, section 2, subsection 24.


Paragraph A is very confusing to me not being well versed in lawyer speak

Thanks
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  #2  
Old 05-01-2012, 04:28 PM
camillo camillo is offline
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Well, reading only this, it appears to me as long as the place does not restrict or prohibit firearms and the person with the firearm is not drinking, it's okay. But that's only how I read it.
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Old 05-01-2012, 04:29 PM
Aaron45 Aaron45 is offline
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You'd have to provide the other sections that define the terms "premises" or "licensed establishment," etc. I can't speak for Maine law but here in Florida, you can't carry into an establishment that's primarily a bar. You can carry into a place like Alehouse or Fridays if you sit at a booth, but you can't sit at the bar if you're carrying.
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Old 05-01-2012, 05:15 PM
bflying bflying is offline
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As said above, don't sit at the bar and don't drink. You should be good. But it is also necessary to have effective concealment. If your gun stands out like a HunchBack, you'll eventually have problems whether technically legal or not.
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Old 05-01-2012, 05:50 PM
Corrigun Corrigun is offline
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From USA Carry (Maine)-

Places off-limits when carrying:
1. On the premises of a licensed establishment posted to prohibit or restrict the possession of firearms in a manner reasonably likely to come to the attention of patrons, in violation of the posted prohibition or restriction
2. On public school property including property of a community college that adopts a policy imposing such a prohibition.
3. It is a Class D crime for any person, including, but not limited to, security guards and persons involved in a labor dispute or strike, to be armed with a dangerous weapon, as defined in Title 17-A, section 2, subsection 9, at the site of a labor dispute or strike. A person holding a valid permit to carry a concealed firearm is not exempt from this subsection. A security guard is exempt from this subsection to the extent that federal laws, rules or regulations require the security guard to be armed with a dangerous weapon at the site of a labor dispute or strike.
4. All persons are prohibited from entering any court facility, including any courtroom, or any other area or building within the control or supervision of the Maine Judicial Branch, if armed with a firearm, other dangerous weapon or while in possession of a disabling chemical.
5. Any place where federal law prohibits the carrying of firearms.

On the State of Maine Website it says that due to the large number of applicants it may take 90 days to get your permit! This is in violation of their own law which mandates no more than 30. I wonder how THAT works out for them? That's crap. In NH it's 14 days max!!

They are also right about the sticking out thing. My Sheriff told me that concealed means just that. Keep it that way and you will always be good to go no matter where you are with the exception of a courthouse or graveyard (yes I know).
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  #6  
Old 05-01-2012, 07:42 PM
TheHiwayman TheHiwayman is offline
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Quote:
Originally Posted by Jim_L View Post
From USA Carry (Maine)-



On the State of Maine Website it says that due to the large number of applicants it may take 90 days to get your permit! This is in violation of their own law which mandates no more than 30. I wonder how THAT works out for them? That's crap. In NH it's 14 days max!!

.
Funny you mention that Jim L...

After 90 plus days I called back to the top brass and politely asked is the 30 day statement a law or just an arbitrary number? the LEO stumbled on that question and was very evasive on the answer... I realy didn't get a clear answer... the same LEO I spoke with today and the same evasiveness...

well the day I spoke to him was the 6th... I got my permit four days later...it was issued on the sixth...strange huh...

After my conversition with him today I am really starting to boil... I have spoken to a few other good sources one of them being my CCW instructor... he is going to double check but he agrees, if the establisment does not prohibit then you are good to go...

that leo I spoke with today knows dam well what the law is... but to make his advisements stand in as the law, and that is how he portrayed it. is just BS... I abided by the law throughout the permit process and I want to be an educated armed citizen it really ticks me off to be fed this line of crap!

yes I am riled and I am venting a bit here... sorry for that but come on just give me the facts on the law not your interpertation of it.
Its pretty obvious that leo thinks CC is probably not for the average joe...and tried to steer me away from the truth...

That is, if all Ive stated above is true... if he is correct than I will man up and appologise...
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