Legal Question for Maine CFP

Legal Question for Maine CFP

This is a discussion on Legal Question for Maine CFP within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; OK, so I've had my ME carry permit for 11 years now and I'm (just now) wondering something. There may be an answer or there ...

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Thread: Legal Question for Maine CFP

  1. #1
    Senior Member Array raysheen's Avatar
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    Question Legal Question for Maine CFP

    OK, so I've had my ME carry permit for 11 years now and I'm (just now) wondering something. There may be an answer or there may not be.. Is a public university the same as a public school?

    If anyone knows of any case law or official opinion then that would be great! Thanks!

    §6552. Firearms

    1. Prohibition. A person may not possess a firearm on public school property or discharge a firearm within 500 feet of school property.[1989, c. 414, §13 (amd).]

    2. Exception. Subsection 1 shall not apply to:

    A. Law enforcement officials; or [1981, c. 693, § § 5, 8 (new).]


    B. A supervised educational program. [1981, c. 693, § § 5, 8 (new).]

    [1981, c. 693, § § 5, 8 (new).]

    3. Penalty. A person who violates this section is guilty of a Class E crime.[1981, c. 693, § § 5, 8 (new).]
    If it helps then I found a definition in another section (Title 20-A - Education - Part 5 - Post-Secondary Education - Chapter 429 - Definitions) that specifically defines "Post-secondary educational institution" to include most of the colleges in ME:

    3. State post-secondary educational institution. "Post-secondary educational institution" means the University of Maine System, the Maine Maritime Academy and the community colleges.[1989, c. 443, §27 (amd); 2003, c. 20, Pt. OO, §2 (amd); §4 (aff).]
    I also found definitions for "Educational Institution" (again pointing to U Maine and the other colleges), "University" meaning UMaine...but non of this really answers the question at hand.


    An interesting thing I found in my searches was the University of Maine's possibly "friendly" wording of their weapons policy....this is just the first paragraph of the policy but they seem to be recognizing the self defense aspect. bold is mine
    Weapons and ammunition are potential safety hazards. Possession, use, or display of weapons or ammunition are inappropriate in an academic community for any reason other than protection of University employees, faculty, students, and members of the public invited on campus as allowed by law, Board of Trustees policies, and policies of the University of Maine.
    Thanks again


  2. #2
    VIP Member Array Cupcake's Avatar
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    Don't know if it helps you, but Michigan defines "School" differently from a university. Here is how our laws word it: (Important terms BOLD)


    Sec. 5o. (1) Subject to subsection (4), an individual licensed under this act to carry a concealed pistol, or who is exempt from
    licensure under section 12a(f), shall not carry a concealed pistol on the premises of any of the following:
    (a) A school or school property except that a parent or legal guardian of a student of the school is not precluded from carrying
    a concealed pistol while in a vehicle on school property, if he or she is dropping the student off at the school or picking up the
    child from the school. As used in this section, “school” and “school property” mean those terms as defined in section 237a of
    the Michigan penal code, 1931 PA 328, MCL 750.237a.

    (h) A dormitory or classroom of a community college, college, or university.


    Definitions from MCL 750.237a:

    b) “School” means a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten,
    or any grade from 1 through 12
    .
    (c) “School property” means a building, playing field, or property used for school purposes to impart instruction to children
    or used for functions and events sponsored by a school, except a building used primarily for adult education or college extension
    courses.

    (d) “Weapon free school zone” means school property and a vehicle used by a school to transport students to or from school
    property.

    Not trying to teach you our laws, but perhaps at least the definitions cross borders

    Lloyd
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    Distinguished Member Array Stetson's Avatar
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    I work at one of the large three liberal colleges in Maine and their
    policy is no firearms on campus property.Best way is to go check
    university handbook.I strongly suggest you do not carry in the liberal
    world of academia if you are caught you will be on every media outlet
    and in a state and in a world of hurt it's not worth it.I know how you feel I live it 5 days a week 10 hours a day.
    Last edited by Stetson; March 24th, 2007 at 10:17 AM. Reason: spelling

  4. #4
    VIP Member Array Cupcake's Avatar
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    Quote Originally Posted by Stetson View Post
    I work at one of the large three liberal colleges in Maine and their
    policy is no firearms on campus property.Best way is to go check
    university handbook.I strongly suggest you do not carry in the liberal
    world of academia if you are caught you will be on every media outlet
    and in a state and in a world of hurt it's not worth it.I know how you feel I live it 5 days a week 10 hours a day.

    I also work at State University (in Michiagn though), I know they prohibit Staff and students (who, if licensed, could be fired or expelled, but not riminally charged), but have no control over joe public walking through campus, or even one of the building because they are not posted. Only classrooms or dormitories off limits here.
    Spend few minutes learning about my journey from Zero to Athlete in this
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    Senior Member Array raysheen's Avatar
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    Quote Originally Posted by Stetson View Post
    I work at one of the large three liberal colleges in Maine and their
    policy is no firearms on campus property.Best way is to go check
    university handbook.I strongly suggest you do not carry in the liberal
    world of academia if you are caught you will be on every media outlet
    and in a state and in a world of hurt it's not worth it.I know how you feel I live it 5 days a week 10 hours a day.
    Yeah I'm actually not really that interested in the campus policy since (not to sound like a jerk) I'm not really concerned with it in the least. I'm just wondering if there is a known legal concern, if this is yet untested in the courts, or if it has been officially stated that the UMaine system are not public schools. I don't even plan on going to one of the universities so this is just an excercise in thought. If the state somehow defines public universities and public k-12 schools differently. On another note, if someone was somehow found to be packing on one of the non-UMaine campuses (no matter how liberal, Colby, Bates, Bowdoin, etc.) I don't really think they would be in a world of hurt or be on any media outlet since there is no crime that has happened....worst that would happen would be asking the person to leave the campus...possibly after calling the police. Though I do certainly see your reason for not packing if you are concerned about loosing your job.
    Last edited by raysheen; March 24th, 2007 at 11:15 AM.

  6. #6
    Lew
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    Yep the Maine University System, Victims available, Inquire within...

    Odd thing in Maine Maritime Academy has a rifle range.
    There are 2 types of people, victims and the prepared. I choose to be prepared....

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  7. #7
    Member Array huntermedic's Avatar
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    As far as I know, the law applies to public schools K-12. Has nothing to do with colleges, university etc.

    As far as the Liberal colleges go, I worked at Bowdoin in Security for 2years. Our policy was that all firearms belonging to students would be locked at security in our gun vault. We had no problems with guns on campus
    Some people are alive simply because it's illegal to kill them.

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  8. #8
    Member Array ptmmatssc's Avatar
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    Weapons and Ammunition Prohibition:

    1. No weapon or ammunition shall be worn, displayed, used, or possessed on campus.
    2. Weapons may be stored on campus under the control of the Director of University Public Safety and in accordance with the policy and procedures of the Office of Public Safety.
    3. The Director of University Public Safety may grant permission in writing to an individual to possess a weapon or ammunition on campus for instructional purposes and in other special circumstances and under conditions as approved by the Director.

    Violation: Any employee, faculty, student, or other representative of the University who violates this policy shall be notified of the violation and subject to disciplinary sanctions under the applicable discipline process.

    Any member of the public who violates this policy shall be notified of the violation and asked to comply. If the public member will not comply, the individual shall be removed from campus and subject to all legal penalties, including the criminal trespass provisions under Maine law.

    Exemption: All currently licensed law enforcement officers are exempt from this policy. (4/96)

    From same UMaine handbook that raysheen posted a quote from . Seems to be a school policy rather than a state law .

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