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Thread: Legal to Open Carry to Polls?

  1. #1
    Join Date
    Feb 2015
    Akron, OH, USA

    Legal to Open Carry to Polls?

    With Election Day coming up, I am wondering if anyone knows of any laws against Open Carrying to the polls?

  2. #2
    Regular Member Animalou812's Avatar
    Join Date
    Aug 2014
    Erlanger, Kentucky
    Here in Kentucky I carry when I vote at my local fire station

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  3. #3
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    North Chesterfield, Va.
    Quote Originally Posted by Animalou812 View Post
    Here in Kentucky I carry when I vote at my local fire station
    Different state, different laws.
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  4. #4
    Regular Member JustaShooter's Avatar
    Join Date
    Jul 2013
    NE Ohio
    All of the polling locations near me are already statutory no-carry zones so I'm out of luck regardless. And, as I understand it, it wouldn't matter since the Board of Elections leases the space it uses, and since poll workers are government employees, polling places likely qualify as government facilities and would then be statutory no-carry zones regardless of location.

    But read for yourself:

    (A) The following persons, boards, and entities, or designees, shall post in the following locations a sign that contains a statement in substantially the following form: "Unless otherwise authorized by law, pursuant to the Ohio Revised Code, no person shall knowingly possess, have under the person's control, convey, or attempt to convey a deadly weapon or dangerous ordnance onto these premises.":

    (9) The officer of this state or of a political subdivision of this state, or the officer's designee, who has charge of a building that is a government facility of this state or the political subdivision of this state, as defined in section 2923.126 of the Revised Code, and that is not a building that is used primarily as a shelter, restroom, parking facility for motor vehicles, or rest facility and is not a courthouse or other building or structure in which a courtroom is located that is subject to division (B)(3) of that section.

    (3) "Government facility of this state or a political subdivision of this state" means any of the following:

    (a) A building or part of a building that is owned or leased by the government of this state or a political subdivision of this state and where employees of the government of this state or the political subdivision regularly are present for the purpose of performing their official duties as employees of the state or political subdivision;

    (b) The office of a deputy registrar serving pursuant to Chapter 4503. of the Revised Code that is used to perform deputy registrar functions.
    And even though the polling location might not be posted, there is no penalty for failing to post government facilities, and violations don't appear to require *knowingly* violating the law as an element.

    Now, there are those who are of the opinion that this does not apply to open carry (I suspect one of them will be along shortly to present that argument) - the language in the concealed carry statute specifically says a concealed handgun license does not authorize you to carry in these locations but is silent on open carry. As far as I am aware this has not been tested in court, so...
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