Finger printing is about privledges. Every time I want to do something I get printed. Its a fact of life sonetimes. I worked for an airline and it seemed like every member of the alphabet soup gang wanted prints.
"Needs to be fingerprinted if agency wishes." I was initially correct." Maine Revised Statutes, 2002-A, Title 25, clearly states: "If it becomes necessary to resolve and questions as to identity, submits to having fingerprints taken by the issuing authority;"
I would question your attorney's opinion. The issue has never been raised in a court action. Laws have to be followed to the letter of the law. Other cities such as South Portland, Portland, Falmouth, Sanford, and the Maine State Police are following the law as it is written. Scarborough isn't.
Now if Scarborough was to fingerprint on an individual basis, when there was some doubt as to whether or not you are who you say you are, then fingerprinting would be permissible under the law.
In Maine, bearing arms is not a privilege it is a right. Section 16 of our enumerated rights in the State Constitution: "Section 16. To keep and bear arms. Every citizen has a right to keep and bear arms and this right shall never be questioned."
Maybe I should just be an AH and open carry like some of these kids we see in the news? Let the police deal with all the 911 calls. It just doesn't make any sense to treat law abiding citizens like criminals especially when the Maine Constitution is unequivocal on the subject. Just sayin.........
I hope I don't come across like I think I know everything-I don't. It just rubs me the wrong way when the issuing authority goes beyond what other locations do and it appears to me that the State Law that sets the parameters for the municipalities to issue permits doesn't give the issuer carte blanche to do what they want.
In Fla you have to get fingerprinted, NO BIG DEAL..... just do it. My finger prints have been on file for the FBI, CIA, NIS and who knows where else since the 70's, My application for my CCW went through very fast too, maybe because of that I don't know. Its no big deal and it no legal issue.