Handgun policy on hold for now
A policy to prevent carrying handguns into the Woolwich municipal building isn’t going to happen any time soon, as state statutes prohibit it.
Selectmen were considering adopting such a policy and had contacted Maine Municipal Association’s legal team for help in drafting one. What they got instead was an opinion stating the policy would be at odds with state statutes.
Selectman Allison Hepler shared MMA’s comments with the newspaper. According to an email to Hepler from Richard P. Flewelling, assistant director of MMA’s legal services department, since 1989 Maine law (25 M.R.S.A. Section 2011) “has expressly preempted municipalities from adopting any order, ordinance, rule or regulation concerning the possession or carrying of firearms.
“In my opinion, this statute prohibits a municipality from banning or otherwise regulating the possession or carrying of firearms, concealed or not, in municipal buildings or on municipal land, whether by municipal employees or the general public,” stated Flewelling.
The MMA attorney noted a few years ago a bill was submitted to the Legislature that would have allowed municipalities to ban firearms from municipal buildings the same way the state does at the State House and courthouses where courts are held. The bill failed to pass.
“This confirms my belief that a municipal ban on firearms in municipal buildings is not permissible under current law,” added Flewelling.
At their Nov. 2 meeting, Chairman David King Sr. had recommended drafting the policy banning concealed weapons from the municipal building unless the carrier is an authorized member of law enforcement. King suggested the board contact MMA for its advice in drafting the policy. The task to do so fell to Selectman Hepler.
“I am disappointed that elected officials, both local and county, are barred from taking action to protect their employees and citizens,” she commented. Hepler added she was looking into why a 2011 bill that would have given local officials the authority to do so had failed.
Reached for comment Monday afternoon, King said the town office had contacted State Senator Linda Baker and Rep. Jeffery Pierce to see what help they might offer. “I don’t have a problem with any responsible citizen carrying a handgun but I just think other than law enforcement the town office isn’t an appropriate place,” he said.
Had selectmen been able to adopt a policy, there remained the question of how it would have been enforced, a concern brought up by Selectman Dale Chadbourne.
Selectmen will meet for a regular meeting 6 p.m., Monday, Nov. 16 at the town office.
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