Concealed Carry Permit-Fingerprinting

M

Merlin III

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I am going to be applying for my Maine CCP in the town of Scarborough. I am law abiding and I have never been arrested or fingerprinted. I noticed that the Maine State law clearly states that: "If it becomes necessary to resolve any questions as to identity, submits to having fingerprints taken by the issuing authority." It is Scarborough's policy to get prints from everyone.

I have all the necessary ID plus some so there is no question of my identity, so it is my opinion that their request is in violation of the law. I know other large cities like South Portland don't take prints except in unusual circumstances.

I am thinking of making a legal issue out of this. Does anyone have any thoughts?
 
Well, I can tell you this much--I have been fingerprinted so frigging many times in my life that obviously no one is keeping these things on file anywhere. It's a real hassle, especially when you've got dainty little smooth fingertips with hardly any prints to speak of.
 
I got my Maine permit for out of state persons. On the application I submitted to the Maine State Police said the same thing. If it is necessary you may have to submit finger prints. Doesnt mean you have to, Im thinking that is there is some question on your identity maybe because someone else is using your name, Then maybe they might want the prints. To be honest I really dont think you will need to submit them. I live out of state and I didnt. As for you making a legal issue out of it? Dont believe you will have anything to stand on. Just cause it says you may have to doesnt mean you will. If I were you id let it go. I think if you look into it deeper, you will find that the whole state says the same thing.
 
In nebreaska the state patrol is incharge of conceal carry permits. If you want a permit you will be scanned in. Also with my Utah non resident permit I had to send in prints. Not a big deal for me. (Lol can always were gloves.)
 
I live in Virginia and they fingerprint everyone who wants a CCP. I don't think its a big deal and I personally wouldn't push the issue and give them a reason to deny my application. It's a one time thing and as long as you renew your permit before it expires you hopefully won't have to get finger printed again. I let mine expire this last time so I had to go thru the finger print process again. No biggie for me tho.
 
Again the issue is the statute says that fingerprints may be asked for only if there is a question as to your identity. The State police generally don't ask for it, some of the larger cities in the area don't ask for them, other cities that I have Googled are impossible to ascertain one way or another. Putting your prints on record is invasive and can only be potentially used against you.

The State Constitution and National Constitution no where state that your right to bear arms is subject to being fingerprinted. I have nothing to hide, it is soley a matter of principle.
 
"Home rule" strikes again. Scarborough has just found another way to protect its citizens and justify their blotted police budget,IMHO. So, I have gone over 60 years without being fingerprinted and now they are going to get me for exercising my Constitutional rights, it ain't right!
 
Municipalities can add their own requirements to permits (photo ID, fingerprints, etc). Making a legal issue out of it may be cause not to issue you the permit. What it comes down to it, it is the decision of the Chief of Police and if he/she decides that you are fighting a permit requirement and potentially wasting their time, they'll just shred your application. I personally wouldn't fight it. The permit to me, is worth it's weight in gold...but a friendly inquiry with them as why they would require it vs another municipality shouldn't be a big deal. But don't fight it. Could jeopardize everything and put you in a bad spot.
 
I just talked to a guy who has had permits in Portland, Falmouth, and South Portland-no fingerprinting involved. I re-read the Maine State Statute on Concealed Weapon Carry. What they did was set the rules that the towns MUST follow. The actual procedures the town uses MUST PASS the language of the law.

I have no doubt that I would win in court. The law clearly says that there must be a problem with my identity papers for any town to fingerprint me. I am a licensed professional who has been licensed for over thirty years, I have a passport, driver's license, I have been an elected town official, Yada, Yada, Yada.

I am pissed, but other than making my distaste for the process known in a courteous fashion, I will probably just allow it and move on.

Thanks for all the input!
 
Finger printing is about privledges. Every time I want to do something I get printed. Its a fact of life sonetimes. I worked for an airline and it seemed like every member of the alphabet soup gang wanted prints.
 
"Needs to be fingerprinted if agency wishes." I was initially correct." Maine Revised Statutes, 2002-A, Title 25, clearly states: "If it becomes necessary to resolve and questions as to identity, submits to having fingerprints taken by the issuing authority;"

I would question your attorney's opinion. The issue has never been raised in a court action. Laws have to be followed to the letter of the law. Other cities such as South Portland, Portland, Falmouth, Sanford, and the Maine State Police are following the law as it is written. Scarborough isn't.

Now if Scarborough was to fingerprint on an individual basis, when there was some doubt as to whether or not you are who you say you are, then fingerprinting would be permissible under the law.
 
In Maine, bearing arms is not a privilege it is a right. Section 16 of our enumerated rights in the State Constitution: "Section 16. To keep and bear arms. Every citizen has a right to keep and bear arms and this right shall never be questioned."

Maybe I should just be an AH and open carry like some of these kids we see in the news? Let the police deal with all the 911 calls. It just doesn't make any sense to treat law abiding citizens like criminals especially when the Maine Constitution is unequivocal on the subject. Just sayin.........
 
I hope I don't come across like I think I know everything-I don't. It just rubs me the wrong way when the issuing authority goes beyond what other locations do and it appears to me that the State Law that sets the parameters for the municipalities to issue permits doesn't give the issuer carte blanche to do what they want.

Again, thanks for all the help.
 
In Fla you have to get fingerprinted, NO BIG DEAL..... just do it. My finger prints have been on file for the FBI, CIA, NIS and who knows where else since the 70's, My application for my CCW went through very fast too, maybe because of that I don't know. Its no big deal and it no legal issue.
 
Ex military, God knows how many times I have been finger printed, CCW and Real Estate License in Texas all flew through.
 
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