Open Carry In Maine

BY Herschel Smith
3 years, 5 months ago

A report from Farmington, Maine:

We can’t imagine why a 20-year-old man was carrying around a toy gun Thursday night in Farmington, but he must have had his reasons.

Instead of a night on the town with his toy pistol, John Cushman ended up at the Franklin County Detention Center charged with terrorizing.

Cushman “made lots of people nervous,” according to Deputy Chief Shane Cote of the Farmington Police Department, as he strolled around the downtown.

Indeed.

Employees of the Homestead Bakery first called police at 9:50 p.m. They were so concerned by Cushman and his gun that they also called The Roost pub to warn them.

Roost employees locked their customers inside until police arrived, and then asked for a police escort for them when they left.

Farmington police officer William Tanner had trouble finding the toy gun troublemaker, but he finally caught up with him outside Dunkin’ Donuts.

The gun looked real to Tanner until he saw the orange ring indicating it was actually a toy, which must have been a relief.

For frightening people, as well as for some threatening statements he had made on an earlier occasion, Cushman was charged with terrorizing and taken into custody, which eased a lot of people’s minds.

But the incident says a lot about how people generally regard other people carrying guns in public — with suspicion.

It is legal to carry a gun openly in Maine, and it’s equally legal to carry a look-alike replica. Few people do, which is probably a good thing considering the ruckus it causes in populated places.

I have no idea why Mr. Cushman wanted to carry a toy firearm either when he could have legally carried a real one.  Maine is indeed an open carry state; moreover, they have no stop and identify statute.

As we’ve discussed before, the Fourth Circuit Court of Appeals has weighed in an an analogous case, reiterating that engagement in a fully legal activity supplies no basis for a detention or arrest.

Causing terror to the public would necessarily involve an illegal activity such as brandishing a firearm.  It appears to me that the Farmington Police Department illegally detained Mr. Cushman, and the folks of Maine needs to read up on their rights.

  • Ballistic Otter

    Just stumbled across this, I’ll post even though it’s three weeks old :P. I OC in Farmington every day, and have never had a problem. The public at large are generally comfortable with it when you carry in a professional, neighborly sort of way, with an actual holster, a nice shirt, and a smile. The police are extremely well-educated and friendly towards OC: a Sheriff’s deputy here in town was the one who convinced me to OC in the first place, a few years ago.

    Cote, the officer who is featured in the articles regarding this guy, offered a fairly good explanation when a few of the concerned gun-rights people here approached him about it. Apparently the guy was acting in a concerning manner, and if I’m remembering correctly, had made some previous comments that made his state of mind questionable (I can’t remember if he expressed suicidal or homicidal urges, but it was something along those lines, not sure on specifics.)

    Maine state law criminalizes the act of “Terrorizing”, one of the qualifiers for which is causing a building to be placed in a state of lockdown (17-A §210, 1, A.). The Roost was placed in a state of lockdown, giving the police an actual law to cite the guy under, and detain him.

    This was a legitimate detention/arrest. I’ve been stopped a total of once by the Sheriff’s/PD for OC in Farmington in 3 years of carrying here, and the questioning essentially amounted to, “Hey, how are you today? Just answering an anonymous call I got, have a nice day. ” The University’s old Chief was great, the new one is one of the most pro-gun LEOs I’ve ever had the pleasure of speaking with, I OCd in the Sheriff’s family restaurant without a problem, and have had some encouragement from the Chief of Police. Which is why I’m taking the time to defend the Farmington PD and the other departments involved in this.

    Thanks!


You are currently reading "Open Carry In Maine", entry #11083 on The Captain's Journal.

This article is filed under the category(s) Guns and was published August 7th, 2013 by Herschel Smith.

If you're interested in what else the The Captain's Journal has to say, you might try thumbing through the archives and visiting the main index, or; perhaps you would like to learn more about TCJ.

26th MEU (10)
Abu Muqawama (12)
ACOG (2)
ACOGs (1)
Afghan National Army (36)
Afghan National Police (17)
Afghanistan (677)
Afghanistan SOFA (4)
Agriculture in COIN (3)
AGW (1)
Air Force (31)
Air Power (9)
al Qaeda (83)
Ali al-Sistani (1)
America (7)
Ammunition (25)
Animals in War (4)
Ansar al Sunna (15)
Anthropology (3)
Antonin Scalia (1)
AR-15s (79)
Arghandab River Valley (1)
Arlington Cemetery (2)
Army (46)
Assassinations (2)
Assault Weapon Ban (26)
Australian Army (5)
Azerbaijan (4)
Backpacking (2)
Badr Organization (8)
Baitullah Mehsud (21)
Basra (17)
BATFE (52)
Battle of Bari Alai (2)
Battle of Wanat (17)
Battle Space Weight (3)
Bin Laden (7)
Blogroll (2)
Blogs (7)
Body Armor (17)
Books (2)
Border War (7)
Brady Campaign (1)
Britain (27)
British Army (35)
Camping (4)
Canada (2)
Castle Doctrine (1)
Caucasus (6)
CENTCOM (7)
Center For a New American Security (8)
Charity (3)
China (10)
Christmas (8)
CIA (19)
Civilian National Security Force (3)
Col. Gian Gentile (9)
Combat Outposts (3)
Combat Video (2)
Concerned Citizens (6)
Constabulary Actions (3)
Coolness Factor (2)
COP Keating (4)
Corruption in COIN (4)
Council on Foreign Relations (1)
Counterinsurgency (215)
DADT (2)
David Rohde (1)
Defense Contractors (2)
Department of Defense (127)
Department of Homeland Security (15)
Disaster Preparedness (2)
Distributed Operations (5)
Dogs (6)
Donald Trump (1)
Drone Campaign (3)
EFV (3)
Egypt (12)
El Salvador (1)
Embassy Security (1)
Enemy Spotters (1)
Expeditionary Warfare (17)
F-22 (2)
F-35 (1)
Fallujah (17)
Far East (3)
Fathers and Sons (1)
Favorite (1)
Fazlullah (3)
FBI (4)
Featured (176)
Federal Firearms Laws (18)
Financing the Taliban (2)
Firearms (539)
Football (1)
Force Projection (35)
Force Protection (4)
Force Transformation (1)
Foreign Policy (27)
Fukushima Reactor Accident (6)
Ganjgal (1)
Garmsir (1)
general (14)
General Amos (1)
General James Mattis (1)
General McChrystal (40)
General McKiernan (6)
General Rodriguez (3)
General Suleimani (7)
Georgia (19)
GITMO (2)
Google (1)
Gulbuddin Hekmatyar (1)
Gun Control (447)
Guns (1,038)
Guns In National Parks (3)
Haditha Roundup (10)
Haiti (2)
HAMAS (7)
Haqqani Network (9)
Hate Mail (7)
Hekmatyar (1)
Heroism (4)
Hezbollah (12)
High Capacity Magazines (11)
High Value Targets (9)
Homecoming (1)
Homeland Security (1)
Horses (1)
Humor (13)
ICOS (1)
IEDs (7)
Immigration (47)
India (10)
Infantry (3)
Information Warfare (2)
Infrastructure (2)
Intelligence (22)
Intelligence Bulletin (6)
Iran (169)
Iraq (378)
Iraq SOFA (23)
Islamic Facism (41)
Islamists (66)
Israel (18)
Jaish al Mahdi (21)
Jalalabad (1)
Japan (2)
Jihadists (80)
John Nagl (5)
Joint Intelligence Centers (1)
JRTN (1)
Kabul (1)
Kajaki Dam (1)
Kamdesh (9)
Kandahar (12)
Karachi (7)
Kashmir (2)
Khost Province (1)
Khyber (11)
Knife Blogging (2)
Korea (4)
Korengal Valley (3)
Kunar Province (20)
Kurdistan (3)
Language in COIN (5)
Language in Statecraft (1)
Language Interpreters (2)
Lashkar-e-Taiba (2)
Law Enforcement (3)
Lawfare (6)
Leadership (5)
Lebanon (6)
Leon Panetta (2)
Let Them Fight (2)
Libya (14)
Lines of Effort (3)
Littoral Combat (8)
Logistics (49)
Long Guns (1)
Lt. Col. Allen West (2)
Marine Corps (244)
Marines in Bakwa (1)
Marines in Helmand (67)
Marjah (4)
MEDEVAC (2)
Media (27)
Memorial Day (2)
Mexican Cartels (23)
Mexico (30)
Michael Yon (5)
Micromanaging the Military (7)
Middle East (1)
Military Blogging (26)
Military Contractors (4)
Military Equipment (24)
Militia (3)
Mitt Romney (3)
Monetary Policy (1)
Moqtada al Sadr (2)
Mosul (4)
Mountains (15)
MRAPs (1)
Mullah Baradar (1)
Mullah Fazlullah (1)
Mullah Omar (3)
Musa Qala (4)
Music (16)
Muslim Brotherhood (6)
Nation Building (2)
National Internet IDs (1)
National Rifle Association (17)
NATO (15)
Navy (21)
Navy Corpsman (1)
NCOs (3)
News (1)
NGOs (2)
Nicholas Schmidle (2)
Now Zad (19)
NSA (1)
NSA James L. Jones (6)
Nuclear (53)
Nuristan (8)
Obama Administration (218)
Offshore Balancing (1)
Operation Alljah (7)
Operation Khanjar (14)
Ossetia (7)
Pakistan (165)
Paktya Province (1)
Palestine (5)
Patriotism (6)
Patrolling (1)
Pech River Valley (11)
Personal (32)
Petraeus (14)
Pictures (1)
Piracy (13)
Pistol (2)
Pizzagate (15)
Police (232)
Police in COIN (3)
Policy (15)
Politics (288)
Poppy (2)
PPEs (1)
Prisons in Counterinsurgency (12)
Project Gunrunner (20)
PRTs (1)
Qatar (1)
Quadrennial Defense Review (2)
Quds Force (13)
Quetta Shura (1)
RAND (3)
Recommended Reading (14)
Refueling Tanker (1)
Religion (109)
Religion and Insurgency (19)
Reuters (1)
Rick Perry (4)
Rifles (1)
Roads (4)
Rolling Stone (1)
Ron Paul (1)
ROTC (1)
Rules of Engagement (74)
Rumsfeld (1)
Russia (28)
Sabbatical (1)
Sangin (1)
Saqlawiyah (1)
Satellite Patrols (2)
Saudi Arabia (4)
Scenes from Iraq (1)
Second Amendment (163)
Second Amendment Quick Hits (2)
Secretary Gates (9)
Sharia Law (3)
Shura Ittehad-ul-Mujahiden (1)
SIIC (2)
Sirajuddin Haqqani (1)
Small Wars (72)
Snipers (9)
Sniveling Lackeys (2)
Soft Power (4)
Somalia (8)
Sons of Afghanistan (1)
Sons of Iraq (2)
Special Forces (24)
Squad Rushes (1)
State Department (17)
Statistics (1)
Sunni Insurgency (10)
Support to Infantry Ratio (1)
Supreme Court (2)
Survival (13)
SWAT Raids (53)
Syria (38)
Tactical Drills (1)
Tactical Gear (1)
Taliban (167)
Taliban Massing of Forces (4)
Tarmiyah (1)
TBI (1)
Technology (16)
Tehrik-i-Taliban (78)
Terrain in Combat (1)
Terrorism (92)
Thanksgiving (6)
The Anbar Narrative (23)
The Art of War (5)
The Fallen (1)
The Long War (20)
The Surge (3)
The Wounded (13)
Thomas Barnett (1)
Transnational Insurgencies (5)
Tribes (5)
TSA (14)
TSA Ineptitude (11)
TTPs (1)
U.S. Border Patrol (5)
U.S. Border Security (14)
U.S. Sovereignty (16)
UAVs (2)
UBL (4)
Ukraine (3)
Uncategorized (42)
Universal Background Check (3)
Unrestricted Warfare (4)
USS Iwo Jima (2)
USS San Antonio (1)
Uzbekistan (1)
V-22 Osprey (4)
Veterans (2)
Vietnam (1)
War & Warfare (212)
War & Warfare (40)
War Movies (3)
War Reporting (18)
Wardak Province (1)
Warriors (6)
Waziristan (1)
Weapons and Tactics (57)
West Point (1)
Winter Operations (1)
Women in Combat (18)
WTF? (1)
Yemen (1)

January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006

about · archives · contact · register

Copyright © 2006-2017 Captain's Journal. All rights reserved.