Posted: 3/9/2016 7:52:14 PM EDT
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First of all I'm glad we have it but a question has come up that needs to be addressed.
So if you carry and are driving in an unfamiliar area and for some reason get stopped in front of some rural school...Is there any provision for "innocent passage"? What if the same instance occurs in your home town where you're driving past a school on what ever business you have?? Has this happenstance ever occurred?? Are there any guidelines?? Officer discretion?? Anyone got any info on this? Thanks guys.. ..FN.. |
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That is a good question... Here is what the law says.
§6552. Firearms 1. Prohibition. A person may not possess a firearm on public school property or the property of an approved private school or discharge a firearm within 500 feet of public school property or the property of an approved private school. [ 2009, c. 614, §2 (AMD) .] 2. Exceptions. The provisions under subsection 1 do not apply to the following. A. The prohibition on the possession and discharge of a firearm does not apply to law enforcement officials. [2009, c. 614, §3 (RPR).] B. The prohibition on the possession of a firearm does not apply to the following persons, if the possession is authorized by a written policy adopted by the school board: (1) A person who possesses an unloaded firearm for use in a supervised educational program approved and authorized by the school board and for which the school board has adopted appropriate safeguards to ensure student safety; and (2) A person who possesses an unloaded firearm that is stored inside a locked vehicle in a closed container, a zipped case or a locked firearms rack while the person is attending a hunter's breakfast or similar event that: (a) Is held during an open firearm season established under Title 12, Part 13 for any species of wild bird or wild animal; (b) Takes place outside of regular school hours; and (c) Is authorized by the school board. [2009, c. 614, §3 (RPR).] C. The prohibition on possession and discharge of a firearm does not apply to a person possessing a firearm at a school-operated gun range or a person discharging a firearm as part of a school-sanctioned program at a school-operated gun range if the gun range and the program are authorized by a written policy adopted by the school's governing body. [2009, c. 614, §3 (NEW).] [ 2009, c. 614, §3 (RPR) .] 3. Penalty. A person who violates this section is guilty of a Class E crime. Basically, it says you may not have a firearm on school property. And you may not discharge a firearm within 500 feet of a school property (even if not on school property) Driving down the road in your vehicle would not be considered school property as it is a public way. The sidewalk may be dependent on the distance from the center of the road to the sidewalk- you would probably have to check on that one. I personally have a permit to carry and had one before we got constitutional carry. If you do not have one already I would still suggest getting one because of the other benefits it will give you. (no duty to inform, reciprocity, carry in parks.. etc) |
| It really sucks when I'm out & about and I have to drop something off or pick one of my kids at school. Even though I leave my CCW in my locked car I am still breaking the law. What am I supposed to do, run home and drop off my gun beforehand? This happens quite a bit to me. School parking lot is still school property. |
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I guess where the cheese binds is in federal law..
III. Definition of Terms
A precise definition of terms is necessary. Under federal law, a “school zone” is comprised of the grounds of, or within a public, parochial or private school or within a distance of 1,000 feet from the grounds of such a school*. The term “school” itself means a school that provides elementary or secondary education as specified under state law. *emphasis added* http://www.gunlawsbystate.com/#!/federal-regulation/schools-and-school-zones/iii-definition-of-terms/ This kinda makes compliance an aggravation as you drive thru rural Maine and all of a sudden you're in a school zone. So what do ya do?? Stop, un-holster, unload, store securely then drive a half mile and reverse the process?? Or just drive on thru?? |
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State Law would trump federal law in such a matter. The roadway would not be considered school property (as I understand it).
Maine has "safe zones" around schools for such things as drugs, alcohol, tobacco, etc - when it comes to dealing or furnishing - but the legal carry of a concealed weapon is not an offense on its own. I would keep calm and carry on. 
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Question,
My Daughter will be attending the University of Maine starting in the fall. does constitutional carry apply to NON Residents? Does Maine issue Non Resident Permits? I have a NH non resident permit as well as a few other state permits including my home state of NY thanks |