I've seen a few posts mentioning carrying in Kittery at the Trading Post and as a resident I've recently taken an interest in our local ordinances pertaining to firearms.
While I understand that the local ordinances are preempted by state law, I was disappointed to read the following Kittery town ordinance:
9.1.2 Firearms—Unlawful discharge.
9.1.2.1 No Firearm Discharge Zone.
It is unlawful to discharge or intend to discharge a firearm in certain areas within the Town, as set forth in Section 9.1.3.2 of this section. This area is known as the “no firearm discharge zone.”
If a person is found to be in possession of a loaded firearm outside of the person’s residence within the “no firearm discharge zone,” it is considered prima facie evidence of the intent to discharge the firearm. This section does not apply to persons holding a valid permit to carry a concealed weapon under 25 M.R.S. §2003.
(http://www.kitteryme.gov/Pages/KitteryME_TownCode/Title9.pdf)
Paragraph 2 (bold) concerns me because it makes carrying a loaded firearm a violation of the discharge ordinance. (the 'No Firearm Discharge Zone' covers most of the town including all of the Rt. 1 shopping areas)
I do have CCW permit so I'm allowed to carry under this ordinance, but I still don't like it. I realize it isn't enforceable because of Maine's preemption law but that doesn't mean that the local LEOs fully understand that and they have to enforce local ordinances, which would suggest they are likely to give OCs a hard time. (This is why I CC)
I'm thinking about trying to get the local ordinance changed. Does anyone have any experience with this at the local level? Who did you start with, what did you learn?
Thoughts, ideas?
While I understand that the local ordinances are preempted by state law, I was disappointed to read the following Kittery town ordinance:
9.1.2 Firearms—Unlawful discharge.
9.1.2.1 No Firearm Discharge Zone.
It is unlawful to discharge or intend to discharge a firearm in certain areas within the Town, as set forth in Section 9.1.3.2 of this section. This area is known as the “no firearm discharge zone.”
If a person is found to be in possession of a loaded firearm outside of the person’s residence within the “no firearm discharge zone,” it is considered prima facie evidence of the intent to discharge the firearm. This section does not apply to persons holding a valid permit to carry a concealed weapon under 25 M.R.S. §2003.
(http://www.kitteryme.gov/Pages/KitteryME_TownCode/Title9.pdf)
Paragraph 2 (bold) concerns me because it makes carrying a loaded firearm a violation of the discharge ordinance. (the 'No Firearm Discharge Zone' covers most of the town including all of the Rt. 1 shopping areas)
I do have CCW permit so I'm allowed to carry under this ordinance, but I still don't like it. I realize it isn't enforceable because of Maine's preemption law but that doesn't mean that the local LEOs fully understand that and they have to enforce local ordinances, which would suggest they are likely to give OCs a hard time. (This is why I CC)
I'm thinking about trying to get the local ordinance changed. Does anyone have any experience with this at the local level? Who did you start with, what did you learn?
Thoughts, ideas?