The new Maine "Constitutional Carry" law is the perfect example. The statute specifically exempts persons carrying a concealed handgun illegally from one of it's provisions!
SP0245, LD 652, item 1, An Act To Authorize the Carrying of Concealed Handguns without a Permit
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §11212, sub-§1, ¶B, as amended by PL 2005, c. 477, §9, is further amended to read:
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 is not otherwise prohibited from possessing a firearm may have in or on a motor vehicle or trailer or other type of vehicle a loaded pistol or revolver covered by that permit.
Sec. 2. 25 MRSA §2001-A, sub-§2, ¶A-1 is enacted to read:
A-1. A handgun carried by a person who is not otherwise prohibited from carrying a firearm;
SP0245, LD 652, item 11, Document Text
Sec. 3. 25 MRSA §2003-A is enacted to read:
§ 2003-A. Duty to inform law enforcement
When an individual who is carrying a concealed handgun pursuant to the authority of this chapter first comes into contact with any law enforcement officer of this State or its political subdivisions or a federal law enforcement officer during the course of any arrest, detainment or routine traffic stop, that individual shall immediately inform that law enforcement officer of the fact that the individual is carrying a concealed handgun.
Sec. 4. 25 MRSA §2004, sub-§5 is enacted to read:
5. Failure to inform law enforcement. A person who fails to comply with section 2003-A commits a civil violation for which a fine of not more than $100 may be adjudged.
If I was illegally carrying a concealed handgun (including for no other reason than within 1,000 ft. of a school) then I would not be carrying the handgun pursuant to the authority of the statute and, therefore, would not be required by the statute to inform! Of course even if the statute did require the person carrying the firearm illegally to inform, then it would violate the 5th Amendment regarding self-incrimination.
The next question is what good does this amendment serve? It does absolutely nothing but unconstitutionally increase the authority of the already abhorrent police state status of this country. I'm sure there will be some badge fluffers on this forum who will come up with some kind of "officer safety" B.S. excuse.
SP0245, LD 652, item 1, An Act To Authorize the Carrying of Concealed Handguns without a Permit
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §11212, sub-§1, ¶B, as amended by PL 2005, c. 477, §9, is further amended to read:
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 is not otherwise prohibited from possessing a firearm may have in or on a motor vehicle or trailer or other type of vehicle a loaded pistol or revolver covered by that permit.
Sec. 2. 25 MRSA §2001-A, sub-§2, ¶A-1 is enacted to read:
A-1. A handgun carried by a person who is not otherwise prohibited from carrying a firearm;
SP0245, LD 652, item 11, Document Text
Sec. 3. 25 MRSA §2003-A is enacted to read:
§ 2003-A. Duty to inform law enforcement
When an individual who is carrying a concealed handgun pursuant to the authority of this chapter first comes into contact with any law enforcement officer of this State or its political subdivisions or a federal law enforcement officer during the course of any arrest, detainment or routine traffic stop, that individual shall immediately inform that law enforcement officer of the fact that the individual is carrying a concealed handgun.
Sec. 4. 25 MRSA §2004, sub-§5 is enacted to read:
5. Failure to inform law enforcement. A person who fails to comply with section 2003-A commits a civil violation for which a fine of not more than $100 may be adjudged.
If I was illegally carrying a concealed handgun (including for no other reason than within 1,000 ft. of a school) then I would not be carrying the handgun pursuant to the authority of the statute and, therefore, would not be required by the statute to inform! Of course even if the statute did require the person carrying the firearm illegally to inform, then it would violate the 5th Amendment regarding self-incrimination.
The next question is what good does this amendment serve? It does absolutely nothing but unconstitutionally increase the authority of the already abhorrent police state status of this country. I'm sure there will be some badge fluffers on this forum who will come up with some kind of "officer safety" B.S. excuse.
