*MAINE- Curiosity Question

*MAINE- Curiosity Question

This is a discussion on *MAINE- Curiosity Question within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Maine recently passed legislation as follows an act relating to concealed firearms locked in vehicles Be it enacted by the People of the State of ...

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Thread: *MAINE- Curiosity Question

  1. #1
    Member Array SigMan22's Avatar
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    *MAINE- Curiosity Question

    Maine recently passed legislation as follows an act relating to concealed firearms locked in vehicles

    Be it enacted by the People of the State of Maine as follows:
    Sec. 1. 26 MRSA §600 is enacted to read:

    § 600. Concealed firearms

    An employer or an agent of an employer may not prohibit an employee who has a valid permit to carry a concealed firearm under Title 25, chapter 252 from keeping a firearm in the employee’s vehicle as long as the vehicle is locked and the firearm is not visible.

    summary

    This bill provides that an employer may not prohibit an employee with a valid concealed firearms permit from keeping a firearm in the employee's vehicle as long as the vehicle is locked and the firearm is not visible.



    Out of curiosity....what if your employer is a school? Can a school tell its' staff, support staff, custodial staff etc. that they do not have the right to keep thier firearm hidden in a locked vehicle??


  2. #2
    Senior Member Array Okemo's Avatar
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    Not sure about the school...but a nice step forward for Maine.
    And you know I could have me a million more friends, and all I'd have to lose is my point of view. -- John Prine (A Good Time)

  3. #3
    Member Array JaySkiBum's Avatar
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    Hmmmmmm that's an angle I hadn't thought of when I saw the new law.

    That would seem to apply to postal workers as well because they don't want firearms on their property, period. It doesn't make any mention to schools and their "gun free zones" which includes the entire school ground.

    In my interpretation of the law, it is allowed. At the same time if I chose to keep my firearm locked up in my vehicle I would pray that no one would find out.

  4. #4
    Senior Member Array Gary Slider's Avatar
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    I think the bold part of the law answers your question

    §600. Concealed firearms in vehicles
    1. Firearms in vehicles. An employer or an agent of an employer may not prohibit an employee who has a valid permit to carry a concealed firearm under Title 25, chapter 252 from keeping a firearm in the employee's vehicle as long as the vehicle is locked and the firearm is not visible. This subsection does not authorize an employee to carry a firearm in a place where carrying a firearm is prohibited by law.
    [ 2011, c. 393, §1 (NEW) .]
    2. Immunity from liability. An employer or an agent of an employer may not be held liable in any civil action for damages, injury or death resulting from or arising out of another person's actions involving a firearm or ammunition transported or stored pursuant to this section, including, but not limited to, the theft of a firearm from an employee's vehicle, unless the employer or an agent of the employer intentionally solicited or procured the other person's injurious actions. Nothing in this section affects provisions in the Maine Workers' Compensation Act of 1992.
    [ 2011, c. 393, §1 (NEW) .]
    SECTION HISTORY
    2011, c. 393, §1 (NEW).
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  5. #5
    Member Array JaySkiBum's Avatar
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    Ok, I thought the first summary was less than what I had seen a few weeks ago. I guess that addresses it firmly, no guns in your vehicle if you're a teacher.

    Thanks

  6. #6
    Ex Member Array Yankeejib's Avatar
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    Maine is a tough nut. They don't recognize anyone's CCP, yet those beeches have denied my non-res permit 5 times for nonsense reasons. I've corrected and re-applied to the "state police" authority, yet apparently I am not worthy.

  7. #7
    Senior Member Array Gary Slider's Avatar
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    Yankeejib, Maine honors Arkansas, Delaware, Louisiana, Michigan, North Dakota, Pennsylvania, South Dakota & Wyoming.

    State Police: Licenses & Permits: Firearms Permits & Professional Licensing

    Though they have not listed MI and PA yet both states have signed agreements with Maine. Both of those states have just reported this in the last couple weeks. But Maine only honors Resident permits from those states.
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  8. #8
    Ex Member Array Snatale42's Avatar
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    Quote Originally Posted by SigMan22 View Post
    Maine recently passed legislation as follows an act relating to concealed firearms locked in vehicles

    Be it enacted by the People of the State of Maine as follows:
    Sec. 1. 26 MRSA §600 is enacted to read:
    § 600. Concealed firearms
    An employer or an agent of an employer may not prohibit an employee who has a valid permit to carry a concealed firearm under Title 25, chapter 252 from keeping a firearm in the employee’s vehicle as long as the vehicle is locked and the firearm is not visible.
    summary
    This bill provides that an employer may not prohibit an employee with a valid concealed firearms permit from keeping a firearm in the employee's vehicle as long as the vehicle is locked and the firearm is not visible.

    Out of curiosity....what if your employer is a school? Can a school tell its' staff, support staff, custodial staff etc. that they do not have the right to keep thier firearm hidden in a locked vehicle??
    It would depend on if your vehicle is considered the same as your home and therefore private property. Here is VA the law was changed to allow people carrying in school parking lots because if they didn't, how would they pick up there kids? If they have to leave the vehicle, the gun stays. It doesn't matter if the SCHOOL is gun free, because the inside of your vehicle isn't school property. Hopefully Maine considered that and accounted for it.


    Quote Originally Posted by Gary Slider View Post
    I think the bold part of the law answers your question

    §600. Concealed firearms in vehicles
    1. Firearms in vehicles. An employer or an agent of an employer may not prohibit an employee who has a valid permit to carry a concealed firearm under Title 25, chapter 252 from keeping a firearm in the employee's vehicle as long as the vehicle is locked and the firearm is not visible. This subsection does not authorize an employee to carry a firearm in a place where carrying a firearm is prohibited by law.
    [ 2011, c. 393, §1 (NEW) .]
    2. Immunity from liability. An employer or an agent of an employer may not be held liable in any civil action for damages, injury or death resulting from or arising out of another person's actions involving a firearm or ammunition transported or stored pursuant to this section, including, but not limited to, the theft of a firearm from an employee's vehicle, unless the employer or an agent of the employer intentionally solicited or procured the other person's injurious actions. Nothing in this section affects provisions in the Maine Workers' Compensation Act of 1992.
    [ 2011, c. 393, §1 (NEW) .]
    SECTION HISTORY
    2011, c. 393, §1 (NEW).
    That doesn't really explain anything because it's not stated whether the inside of the vehicle is exempt or not, the wording implies it but not a definite yes or no.

  9. #9
    Senior Member Array Okemo's Avatar
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    It's actually a BIG step for Maine to write this law over riding employer policies concerning weapons. There are many employees who cannot carry a weapon (how ever legal that weapon may be) on to their employers parking lot without risking termination of employment.

    This law will now prevent those companies from penalizing an employee for legally protecting themselves from bg's while commuting to and from work....at least in Maine.
    And you know I could have me a million more friends, and all I'd have to lose is my point of view. -- John Prine (A Good Time)

  10. #10
    VIP Member Array Hiram25's Avatar
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    Good law!
    Hiram25
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  11. #11
    Member Array cz223's Avatar
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    This does not apply to Schools

    and probably post offices as far as I can tell. Schools and post offices and any other federal property come under FEDERAL LAW. Federal law always supersedes state law, as far as I know.

  12. #12
    Member Array Billspider's Avatar
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    Quote Originally Posted by Gary Slider View Post
    Yankeejib, Maine honors Arkansas, Delaware, Louisiana, Michigan, North Dakota, Pennsylvania, South Dakota & Wyoming.

    State Police: Licenses & Permits: Firearms Permits & Professional Licensing

    Though they have not listed MI and PA yet both states have signed agreements with Maine. Both of those states have just reported this in the last couple weeks. But Maine only honors Resident permits from those states.
    I just checked and it appears that Maine will honor Penn non resident licenses.
    Concealed Carry Permit Reciprocity Maps

  13. #13
    VIP Member Array SIGguy229's Avatar
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    Quote Originally Posted by cz223 View Post
    and probably post offices as far as I can tell. Schools and post offices and any other federal property come under FEDERAL LAW. Federal law always supersedes state law, as far as I know.
    Not in every case....as previously mentioned about Virginia. In that case, State law (w/ concealed handgun permit) takes precedence over Federal law. Schools are not Federal property...Post Offices, yes...
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  14. #14
    New Member Array NEDefensive's Avatar
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    Federal Gun Free School Zone

    I will say first that I am not a student of law in any sense. I have however tried in my way to become as informed as possible both for myself. I looked in to the federal law as I am a public school teacher and lock in one more then I would like. What I found was that there are expeditions for hunters with permission and CCW holders if the issuing state requires a background check as part if the process. Which Maine does. However I do know that many schools do have it in their contracts that staff can not carry anything defined as a weapon, which is pretty broadly defined.

  15. #15
    Senior Member Array Gary Slider's Avatar
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    Billspider, Maine will only honor Resident Permit/Licenses from the states they honor. State Police: Licenses & Permits: Firearms Permits & Professional Licensing
    Maine has signed with PA and MI which they haven't added to their list yet.
    Stay Safe,
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