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Maine: carry in Acadia OK'd

Discussion in 'Carry Issues' started by glock_ME, Mar 30, 2010.

  1. glock_ME

    glock_ME

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    http://www.bangordailynews.com/detail/140041.html

    Concealed weapons in Acadia OK’d


    Maine to be among first states to override federal rules, if bill becomes law
    From Staff and Wire Reports

    <!-- body --> <!-- images --> <table id="img_table_story" width="1" align="left" border="0" cellpadding="0" cellspacing="0"> <tbody><tr> <td> <!-- Inline ad -->
    </td> </tr> </tbody></table> AUGUSTA, Maine — A bill restricting guns at Acadia National Park moved a step closer to final passage Monday as the House routinely approved a measure that changes the previous no-gun policy by allowing a few exceptions — including an exception for concealed weapons.
    The Maine House of Representatives went along with the Senate and approved legislation that overrides a new federal law that took effect Feb. 22. Reversing policy, the federal law permits guns in nearly all of the National Park Service’s 392 locations, unless states impose other restrictions.
    In Maine, Sen. Dennis Damon, D-Trenton, introduced a bill to keep intact the national park gun ban with exceptions for police or if the gun is disassembled or packed away so it can’t be readily used.
    As it worked its way through the Legislature, Damon’s bill was amended to also allow exceptions for retired police and those who have concealed weapons permits.
    His bill appeared to be on its way toward final House and Senate approval after passing without debate Monday in the House.
    Maine would be among the first states to override the federal law if LD 1737 becomes law. Acadia drew 2.2 million visitors in 2009, making it the 10th-most-visited in the national system.
     
    Last edited: Apr 3, 2010
  2. glock_ME

    glock_ME

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    I guess I'm torn because the way I understand the new federal law is that it permits carry in state parks according to state laws. So effectively this Maine law would ban open carry of handguns in Acadia? If that's the case this slight victory is somewhat bittersweet.
     

  3. boyscout399

    boyscout399 Stam Chipmunk

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    Considering you can openly carry anywhere else in the state of Maine, it seems dumb that they are going to require you to conceal in only in Acadia National Park. There are 0 other locations that have the requirement to conceal. Either the gun is allowed, or it's not allowed. A concealed gun poses no greater or less threat than a open gun.
     
  4. IndyGunFreak

    IndyGunFreak

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    It's for the children. :upeyes:

    Is Open Carry allowed w/o a permit? It would seem they only want folks w/ a permit carrying in the park.
     
    Last edited: Mar 30, 2010
  5. boyscout399

    boyscout399 Stam Chipmunk

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    Open Carry without a permit is allowed everywhere else in the state. This bill specifically says it will allow a concealed firearm concealed by a permit holder or police officer. So it does not allow for open carry even by a permit holder.
     
  6. blackjack

    blackjack

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    Please clarify for me how the State of Maine can write a law that applies in a National park (Acadia). My understanding was the new federal law caused the previous NPS anti-carry rules to be voided and allowed carry in the various NPS units to be unified to the rules applying within that state and its state parks. Therefore, ME can write a law relating to carry rules for Baxter State Park and that would be the rule for the NPS units in ME. But, they are not directly writing a law for federal property.

    If I am wrong in my understanding, please tell me. If the article writer has mis-reported the facts, let me know that , too.

    On the whole, it is not a problem beyond that OC/CC confusion that is created as regards parks vs. everywhere else.
     
  7. WCrawford

    WCrawford OC Zealot

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    And the NRA fought for this amended bill. I resigned upon reciving their notification of this.
     
  8. glock_ME

    glock_ME

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    On a side note, what ended up happening with the Portland situation? The last I had heard you were cleared of all charges and were suing. Has anything changed in terms of how open carry is treated in Portland?
     
  9. boyscout399

    boyscout399 Stam Chipmunk

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    Couldn't find a good lawyer who would take it on contingency. The lawyers I talked to said I would have won the case, but that the settlement would not have been enough, and the time they put into it would have been too much to make it worth their while.

    I still OC pretty much everywhere I go. I haven't spent much time in Portland recently, but I don't think their opinion has changed. Neither has mine though. I'd OC there again.
     
  10. Carrys

    Carrys Inquisitive

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    Bye bye.
     
  11. IndyGunFreak

    IndyGunFreak

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    The NRA is clearly more dedicated to advancing CCW, more than open carry. The NRA understands what many gun owners do not. Baby steps...Like it or not, Open carry is still taboo right now in most places.

    I'm not saying I always agree with the NRA, I don't... but on this matter, I think they are right.
     
  12. Jeffe

    Jeffe

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    The funny thing is, Portland is the one place in here I won't go without carrying. Mall area is ok but around the hospital is getting seedy, and that is always where I have to go.
     
  13. swinokur

    swinokur

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    The new law mandates that carry rules in a NP follow that of the state law where the NP is located. Therefore if state law prohibits carry in that NP, that's the law for that particular NPS park. Weird but true.
     
  14. WCrawford

    WCrawford OC Zealot

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    The NRA negotiated away the rights of the citizen's of Maine, plain and simple. They decided to give in to the anti-gunners rather than fight. GOA will get my money now.
     
  15. kensteele

    kensteele

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    The NRA will never support a law with Obama's name on it. Ever. No matter what the contents of the law. Don't believe for even a second if GWB had signed that into law the NRA would have fought Maine.
     
  16. RichardinNC

    RichardinNC

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    Are you sure about this? Under the Bush Admin. the state law regarding carry in state parks governed carry in National Parks. For example, no carry in NC State Parks = no carry the part of the Smokies that is in NC.

    This new law uncoupled the state park requirements from the Nat. Parks. Can now carry in the NC part of the Smokies but not in the NC State Parks. I'm having a hard time understanding how a state can pass a law that negates the provisions of a federal law.

    Anybody have a better understanding of this?
     
  17. WarCry

    WarCry

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    Well, as I understand the chain of events, just before leaving office, Bush signed an EO that said if you can legally carry concealed in a state, then you can legally carry concealed in the National Parks in that state.

    Everyone expected Obama to rescind that when he got the job, but he turned his DoJ loose and told them to keep fighting the Brady Campaign's lawsuit against the EO.

    Then he signed a law - rather than an EO - that had the same provision.

    So, two questions:

    1) What does the NRA do when it was Bush's plan, but Obama's signature?

    and

    2) How is Maine "overriding" federal law when, as I read it, it says the same thing?
     
  18. swinokur

    swinokur

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    Because the Bush law wa thrown out by a judge and it was rewritten and the new law attached to the credit card bill.. the new law states that NP carry law follows the law of the state the NP is in. Therefore if the state law prohibits carry in a specific or all NP's in the state, that's the rule for those parks. the Federal law simply defers to whatever state law is in effect. It's not a matter of negating federal law.
     
  19. WCrawford

    WCrawford OC Zealot

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    From the linked NRA-IRL alert:

    The previous day:

    http://www.nraila.org/Legislation/Read.aspx?id=5479

    Then the next day:

    http://www.nraila.org/Legislation/Read.aspx?id=5492

    And finally on 3/19:

    http://www.nraila.org/Legislation/Read.aspx?id=5596

    Don't call your State Reps to oppose the bill in its entirety, but to oppose any change to the amended bill. This only 1 day after stating they would fight any effort.

    Do you call this caving into the hoplophopes fighting "any effort to reverse this hard-won victory"?
     
    Last edited: Apr 2, 2010