Detained by Border Patrol in Maine (long)

Detained by Border Patrol in Maine (long)

This is a discussion on Detained by Border Patrol in Maine (long) within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Happened to a buddy of mine. My friend, his brother (both of which are legally permitted to carry in the state of Maine), and a ...

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Thread: Detained by Border Patrol in Maine (long)

  1. #1
    Member Array Bline's Avatar
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    Detained by Border Patrol in Maine (long)

    Happened to a buddy of mine. My friend, his brother (both of which are legally permitted to carry in the state of Maine), and a friend of thiers (no permit) were driving from a northern town to the nearest city so they could get fitted for tuxes for the brother's wedding. On they way down I-95 there is a truckstop that is somtimes used by border patrol to check people out. Not often but from time to time they are there. They stopped my friend's truck and in a very rude and hostile manner ask them where they are going. He tells them, and then in the same manner they demand an explination. So he tells them the reason for the trip. Then they ask where he's coming from and why he was there. The whole time acting like they have an axe to grind. Now as a side note, my friend is not a hostile or provocative individual. He has served our town as a reserver Police Officer and knows his rights and regs on carrying a firearm. At this point he is getting a little agitated by the Border Patrol's dimeanor but is hoping this will be over soon. Here's the kicker... for some reason the friend they brought along is open carrying in a shoulder holster outside his shirt and the gun is unloaded. Upon the borderpatrol noticing this they order everyone out of the vehicle and pat all three men down. Once they find that everyone in the vehicle is armed the questions start flying at an elevated tone like they were wanted criminals. They take the friend away for questioning and detain them for over an hour all the while asking them "why do you think you need to carry a gun?" and "why didn't you tell us you were armed?" (in Maine one is not required by law to disclose that unless you are directly asked). Then they search the vehicle with dogs and the whole 9 yards. At this point my friend learns that they are charging his buddy with a class D for carrying with out a permit. He objected by stating that is was open carry. The officer retorted that it was in a moving vehicle. Again my friend answered, and rightly so, that the gun was unloaded there for not considered a concealed weapon by Maine State law. No deal, they didn't care and the charge stayed. To add insult to injury by the time they got to the tux shop it was closed.

    I learned last night that the man they charged got ahold of the NRA, explained the situation to them and they blew him off and said they don't deal with such cases. Anyone know of an organization that would want to take this up? Or is it worth fighting. I think that with that class of offence the man charged won't ever be able to get a permit. Any advice would be helpful.
    In God we trust, everyone else keep your hands where I can see them.

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  2. #2
    Senior Member Array raysheen's Avatar
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    Quote Originally Posted by Bline View Post
    Or is it worth fighting. I think that with that class of offence the man charged won't ever be able to get a permit. Any advice would be helpful.
    It's definately worth fighting a bogus charge. Open carry is legal in Maine. I know of the border patrol stop you are talking about...I've been stopped there many times myself.

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    VIP Member Array obxned's Avatar
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    Should have told them you were all illegals - you'd have gotten much better treatment!
    "If we loose Freedom here, there's no place to escape to. This is the Last Place on Earth!" Ronald Reagan

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    You'd think the Boarder Patrol would have better things to do!
    Rick

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    Ex Member Array azchevy's Avatar
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    The US Government at work. Harass the citizens while the illegals come in every day and do as they please.

    The citizens have money, that is why they go after them. Law Enforcement = Tax collectors with guns.

    Generate that revenue law enforcement.

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    I'm slightly confused here.

    Why is the U.S. Border Patrol enforcing Maine state law?


    When you’re wounded and left on Afghanistan’s plains,
    And the women come out to cut up what remains,
    Just roll to your rifle and blow out your brains,
    And go to your God like a soldier.

    Rudyard Kipling


    Terry

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    Member Array Bline's Avatar
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    Quote Originally Posted by Captain Crunch View Post
    I'm slightly confused here.

    Why is the U.S. Border Patrol enforcing Maine state law?
    Border patrol did the stop and search of the truck. During these stoppings there are Maine state police and county sheriffs working in conjunction with Border Patrol. I believe it was a county Sheriff who issued the summons at the behest of the Border Patrol.
    In God we trust, everyone else keep your hands where I can see them.

    Rights are like muscles: If you don't excersise them they slowly disappear.

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    VIP Member Array Blackeagle's Avatar
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    Quote Originally Posted by Bline View Post
    Anyone know of an organization that would want to take this up?
    He might try the Second Amendment Foundation.

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    Member Array crankshop1000's Avatar
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    In Michigan (an open carry state) carrying in a vehicle is covered by other very specific rules.You need to have a pistol stored in a case separate from ammo and not readily accessed by the occupants.A CPL allows the holder to carry a pistol,concealed or open in a vehicle. However a long gun needs to be cased and separate from the ammo and not readily accessed by the occupants. The guy with the shoulder holster deserves a citation.Why do what he did with an unloaded gun? Seems senseless to me.I live in a international border area that sees a lot of Border Patrol and Homeland Security actions. Cut the guys a break, they have a job to do. They nab illegal aliens around here on a regular basis, so I guess they serve a purpose.Also,in most cases a federal police officer (Border Patrol,FBI,ATF etc) can enforce state and local laws with or without the assistance of local law enforcement. It's usually easier to bring in the locals to handle the violations of their local laws.Chuck.

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    Member Array HighwaymanRider's Avatar
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    Quote Originally Posted by Bline View Post
    I learned last night that the man they charged got ahold of the NRA, explained the situation to them and they blew him off and said they don't deal with such cases. Anyone know of an organization that would want to take this up?
    I am outraged by stories like this. Not to paint all LEO with the same brush, but many (usually federal) take it upon themself to issue arrests like insults knowing full well the consequences that a charge can carry- no CCW, harder to gain employment, ECT. your friend did nothing wrong, but he is now branded with a criminal record and will have to deal with the reprussions of that for the rest of his life.

    It is sad but this is just one of the many reasons I refuse to support the NRA. I feel the NRA has abandoned the cause in pursuit of money and political clout. He might as well of called the ACLU for help.

    Is their a Maine equivelent of the VCDL? He might also want to try the GOA, and be sure to mention to them that the NRA blew him off- they seem keen on upsurping the NRA as the prominent "voice of gun owners". There is also the CATO institute in DC however they usually focus on constitutional issues. He might be able to find a RTKBA friendly lawyer who will take the case pro bono/at a discount. He is going to need help having that striken from his record entirely.
    Highwayman Rider

    "An armed society is a polite society."
    -R.A. Heinlein

  11. #11
    Distinguished Member Array LenS's Avatar
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    Does ME have a gun rights org? If so, contact them.

    NRA does NOT get involved with individual citizen's issues or even most state's issues. They leave that to the local grass-roots orgs.

    Sorry to hear about such ill and ignorant treatment.

    Good luck.
    NRA Instructor

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    VIP Member Array Blackeagle's Avatar
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    Quote Originally Posted by HighwaymanRider View Post
    It is sad but this is just one of the many reasons I refuse to support the NRA. I feel the NRA has abandoned the cause in pursuit of money and political clout. He might as well of called the ACLU for help.
    I think this is more a matter of the organization's emphasis. The NRA is primarily a lobbying organization. They're focused on protecting gun rights through the political process, rather than the courts. That's why I suggested the SAF, since they're focused on using the courts to protect gun rights.

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    "There is no way to rule innocent men. The only power government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws."
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    Member Array nextlevelcell's Avatar
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    I'm with crankshop. W.T.F. would you want to carry a unloaded gun??? and in the open??? but either which way, if the law there states that you can then go for it i guess, if you want. but if that is the law, then hire a lawyer and a good one to fight it.

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    Hmmm... There are always people having bad days and it gets reflected in their jobs... No excuse for that! And I am not defending the Border Patrol, but, my nephew is a Border Patrol Agent in Naco, Az.

    I know at least down there, on the southern border, they do not even mess with any american period. If you are a U.S. citizen hiking in the mountians carrying 200 lbs of marijuana in a back pack, chances are very good if stopped by Border Patrol, you'll be on your way as soon as they find out you're a U.S. citizen. Now, if they investigated long enough to find the marijuana they would naturally call DEA, but my nephew said, they really don't harass citizens. Also, at least down there on the southern border, their supervisors are almost anal and are sticklers about "courtesy" and not giving people attitude.

    Now, he's flying an appache in Afghanistan for a year with the National Guard, but as soon as he's back home, he is transfering to the Canadian border in North Dakota because he doesn't want to end up getting killed or sent to prison for just doing his job on the Mexican border. I know department wide, the moral of Border Patrol agents are at an all time low and Agents are leaving at a rate of almost 11%/yr. because of all the moral issues and of course U.S. Attorney Johnny Sutton.

    Bline, I feel for your brothers friend. It sounds totally bogus and I hope he finds a succussful way of winning his case.

    A bad deal all around.
    -Bark'n
    Semper Fi


    "The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."

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