Ok , I've touched on this before but would like a little input from those more knowledgeable . I have my concealed permit and , looking at the restrictions for it (concerning weapons ) , I have found an anomaly .
This is what the statute says concerning concealed firearms permits .(bold mine)
State definition of "firearm"
Then , we have this .
Now , it seems I may carry any firearm , including a rifle,shotgun,or full auto sub gun on my person , but to actually travel I would have to unload it and either put it in the trunk or have it plainly visible (unloaded). Nowhere within the statutes for concealed permits or in the laws regarding "off limits" places etc is a motor vehicle mentioned . The only law or statute that mentions loaded firearms happens to be in the section covering hunting. So my question is this :
Which law/statute takes precedence ? Can the hunting law actually trump the concealed permit regarding cars or would it be considered a separate but binding restriction?
And no , I do not want to be the test case . And yes I did consult a lawyer . He said without an actual case , it seems "fuzzy" as to the legality of a loaded long gun etc IN the vehicle . So far , no precedent to go by .
This is what the statute says concerning concealed firearms permits .(bold mine)
1. Criteria for issuing permit. The issuing authority shall, upon written application, issue a permit to carry concealed firearms to an applicant over whom it has issuing authority and who has demonstrated good moral character and who meets the following requirements:
State definition of "firearm"
"Firearm" means any weapon, whether loaded or unloaded, which is designed to expel a projectile by the action of an explosive and includes any such weapon commonly referred to as a pistol, revolver, rifle, gun, machine gun or shotgun. Any weapon which can be made into a firearm by the insertion of a firing pin, or other similar thing, or by repair, is a firearm.
Then , we have this .
B. A person may not, while in or on a motor vehicle or in or on a trailer or other type of vehicle being hauled by a motor vehicle, have a cocked and armed crossbow or a firearm with a cartridge or shell in the chamber or in an attached magazine, clip or cylinder or a muzzle-loading firearm charged with powder, lead and a primed ignition device or mechanism, except that a person who has a valid Maine permit to carry a concealed weapon may have in or on a motor vehicle or trailer a loaded pistol or revolver covered by that permit. [2005, c. 477, §9 (amd).]
Now , it seems I may carry any firearm , including a rifle,shotgun,or full auto sub gun on my person , but to actually travel I would have to unload it and either put it in the trunk or have it plainly visible (unloaded). Nowhere within the statutes for concealed permits or in the laws regarding "off limits" places etc is a motor vehicle mentioned . The only law or statute that mentions loaded firearms happens to be in the section covering hunting. So my question is this :
Which law/statute takes precedence ? Can the hunting law actually trump the concealed permit regarding cars or would it be considered a separate but binding restriction?
And no , I do not want to be the test case . And yes I did consult a lawyer . He said without an actual case , it seems "fuzzy" as to the legality of a loaded long gun etc IN the vehicle . So far , no precedent to go by .