I was reading an article here in Maine and wanted to see if anybody had any input as to the legal standing of it.
Story ---> http://www.bangordailynews.com/stor...-charged-with-bringing-gun-into-Dennys,164173
My Thoughts:
They said he entered and went to a corner booth with some friends. He visibly had a gun on his hip and that disturbed some patrons. Admittedly this is theory here (all I have to go on with the journalism in this state) but I believe the magazine and single round on the table indicated he knew the police were there for him and he wanted to make it very clear his firearm was unloaded. There is much speculation here but, my thought is that he didn't have a concealed weapons permit and that is a crime to carry concealed, again this is an assumption as he was charged with carrying a concealed weapon which is legal with a permit. As to the concealment, unless he is crazy he was wearing a coat and it was -5 the night in question. So as a result his coat would cover the belt area unless they were around his knees, not saying it is that uncommon. Up to here I have very little issue, if you want to carry concealed and the law states you need a permit you should get one and Maine is "shall issue", I had mine in 2weeks.
The terrorizing charge is what concerns me most. It is my understanding that if you scare people during the commission of a crime you can be charged with terrorizing. Does it seem odd to anybody that the terrorizing complaint generated the illegal concealed carry? Is it possible that during the commission of ANY crime, even Jay-walking that people could be alarmed by a man crossing the road with an open carry holster and I could be charged with Jay-walking and terrorizing? Even if I have a CCW permit and at no point touched or referenced my gun?
It just seems like this could really be taken out of context. The story leaves much to be desired in the way of details but, I am very concerned about the debate surrounding this story. It looks like anybody could get an added terrorizing charge if they have a weapon (legal or not) and fracture any law, regardless of the nature of the original crime.
Any input?
Story ---> http://www.bangordailynews.com/stor...-charged-with-bringing-gun-into-Dennys,164173
My Thoughts:
They said he entered and went to a corner booth with some friends. He visibly had a gun on his hip and that disturbed some patrons. Admittedly this is theory here (all I have to go on with the journalism in this state) but I believe the magazine and single round on the table indicated he knew the police were there for him and he wanted to make it very clear his firearm was unloaded. There is much speculation here but, my thought is that he didn't have a concealed weapons permit and that is a crime to carry concealed, again this is an assumption as he was charged with carrying a concealed weapon which is legal with a permit. As to the concealment, unless he is crazy he was wearing a coat and it was -5 the night in question. So as a result his coat would cover the belt area unless they were around his knees, not saying it is that uncommon. Up to here I have very little issue, if you want to carry concealed and the law states you need a permit you should get one and Maine is "shall issue", I had mine in 2weeks.
The terrorizing charge is what concerns me most. It is my understanding that if you scare people during the commission of a crime you can be charged with terrorizing. Does it seem odd to anybody that the terrorizing complaint generated the illegal concealed carry? Is it possible that during the commission of ANY crime, even Jay-walking that people could be alarmed by a man crossing the road with an open carry holster and I could be charged with Jay-walking and terrorizing? Even if I have a CCW permit and at no point touched or referenced my gun?
It just seems like this could really be taken out of context. The story leaves much to be desired in the way of details but, I am very concerned about the debate surrounding this story. It looks like anybody could get an added terrorizing charge if they have a weapon (legal or not) and fracture any law, regardless of the nature of the original crime.
Any input?