Loaded AR Pistol in Vehicle

[soloman02]

So I finally did it, I'm going to build a real "trunk gun." Palmetto had a deal (I already had the lower) so for under $500 I will have a 300BLK 8.5" AR pistol with brace.

Now to my questions regarding law. In NH any firearm with barrel length under 16" is considered a handgun and thus exempt from the law saying a rifle cannot be loaded in a vehicle as long as you have the NH P&R license (which I have). So in NH I can keep this AR pistol loaded. (technically you don't need the P&R license but I have mine so for purposes of this discussion it applies).

In Maine it does not appear to be so easy. Maine does prohibit having a loaded rifle in a vehicle.
http://legislature.maine.gov/legis/statutes/12/title12sec11212-A.html

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Loaded firearm or crossbow" means 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 or a cocked and armed crossbow.
B. "Vehicle" means a motor vehicle or a trailer or other type of vehicle being hauled by a motor vehicle.
2. Prohibition; vehicles. A person may not shoot while in or on a vehicle, have a loaded firearm or crossbow while in or on a vehicle or rest a loaded firearm or crossbow on a vehicle except as provided in subsection 3.

I am having difficulty determining whether an AR pistol falls under the above prohibition. Interestingly they use the term "firearm" and do not exclude concealed weapons permit holders. It almost seems like the law conflicts with the CWP law.

First is Maine's definition of a handgun:

http://legislature.maine.gov/statutes/25/title25sec2002.html

8-A. Handgun. "Handgun" means a type of firearm commonly referred to as a pistol or revolver originally designed to be fired by the use of a single hand and that is designed to fire or is capable of firing fixed cartridge ammunition. "Handgun" does not include a shotgun or rifle that has been altered by having its stock or barrel cut or shortened or an automatic firearm that may be held with a single hand.

Maine law as far as I can tell, just like NH law, does not define what a rifle actually is, only a handgun is defined.

Is an AR pistol a handgun or a rifle? From the ATF point of view it is a pistol because it was designed to be fired with a single hand. Further this was not a rifle that had a barrel cut or shortened, it was purchased as a pistol (ATF definition). I am leaning that an AR pistol is considered a handgun but this very much seems like a "gray area" of Maine law to me.

Am I overthinking this? Did I miss something in Maine statutes?

 

[NinerMaine]

You are correct in thinking that an AR pistol that meets the federal definition of a pistol is legal to have loaded in a car, unlike a rifle.
There is no conflict with constitutional carry or permitted carry due to part E. of the law you quoted above:

E. A person who is 21 years of age or older and is not otherwise prohibited from possessing a firearm or is 18 years of age or older and under 21 years of age and is on active duty in the Armed Forces of the United States or the National Guard or is an honorably discharged veteran of the Armed Forces of the United States or the National Guard and is not otherwise prohibited from carrying a firearm may have in or on a vehicle a loaded pistol or revolver

 

[NinerMaine]

Also, if you are on FB, Gun Owners of Maine has a great 31,000+ member FB group with lots of people on it who know the law and can cite the law.

https://www.facebook.com/groups/gunownersofmaine/

 

[soloman02]

Thanks guys!