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Thread: Legality of Open Carry at polling station?

  1. #1
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    Hello all,

    Are there any laws against open carrying at a polling station? My local precinct is the fire department, soI know the property is ok per VA. law, but I'm not sure what laws may exist as far as elections go. I think wearing an NRA shirt and carrying my 1911 may send a clear message to the hagglers in the parking lot that I've already made up my mind and I don't need their campaign literature.

    Thanks!!!

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    Founder's Club Member OC-Glock19's Avatar
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    I looked for the relevant laws (or lack thereof) myself and could find nothing, but in the interest of self preservation (ironically) I left my gun in my car while voting.

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    I don't know of any VA laws that regulate firearms at polling stations. You should be fine OC'ing at a fire station (IANAL). My polling station has always been the local elementaryschool, therefore I don't have that choice available to me.

    It's kind of an oxymoron, because I can't carry a gun into a school and I think that should be changed. But in order to change that, I must disarm myself and go into the school and vote!

  4. #4
    Founder's Club Member - Moderator longwatch's Avatar
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    Unless the polling place is a restricted zone (school or courthouse, etc.) I think you are ok. The Mason district government center is a polling place and a lot of people were OCing there while they were having early voting at the last VCDL meeting.

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    Regular Member possumboy's Avatar
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    Poll workers are told they cannot have weapons. Well, there were the past 3 years, I didn't work this year, but I don't see that requirement changing.

    There are even limits to police presense because they do not want to "intimidate" anyone that is voting.

  6. #6
    Founder's Club Member - Moderator longwatch's Avatar
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    Well if a voter has a gun its hard for them to be intimidated.

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    longwatch wrote:
    Well if a voter has a gun its hard for them to be intimidated.
    Thats for sure. I went unarmed all day due to my polling station being the local High School.

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    Escorted my wife to the poll today, but concealed carry because it was raining. I didn't want to get wet, or my gun either, so wore a long Gore-Tex raincoat.

    I think it's funny that police are discouraged from being ouside polling places. Ifa terrorist wanted to make a statement, I think a Tuesday in Novemberis asgood asa Tuesday in September. (9/11/01 was a Tuesday.)

    Anyway,I was prepared. Luckily, my polling place was not a school.

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    XD Owner wrote:
    I think it's funny that police are discouraged from being ouside polling places. Ifa terrorist wanted to make a statement, I think a Tuesday in Novemberis asgood asa Tuesday in September. (9/11/01 was a Tuesday.)
    But police (or better yet INS/ICE) presence at polling places might discourage convicted felons, illegal aliens, and other ineligble persons from voting. And the gun grabbers just can't have that.
    All experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. Thank heaven we do not permit a few to impose anarchy.

    "With Anarchy as an aim and as a means, Communism becomes possible."
    --Marxist.org

    "Communism and Anarchy [are], a necessary complement to one another. "
    --PETER KROPOTKIN, "Anarchism: its philosophy and ideal." 1898.

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    I was open carrying and my wife was concealed carrying (for the first time - new permit!) and we both had to leave them in the car so that we could vote at the local Elementary School. It's so fun having to give up my right to carry so that I can exercise my right to vote. Fortunately, they had one of those magic "Gun Free School Zone" stickers on the door, so no bad guys could get in anyway.

    One thing that bugged me was having to go into a school to vote for or against more funding for... schools! Seemed like it was loading the deck to me.


    LoveMyCountry

    Edit: Yes, I know you were asking about the laws in VA, but I just wanted to join in.




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    LoveMyCountry wrote:
    I was open carrying and my wife was concealed carrying (for the first time - new permit!) and we both had to leave them in the car so that we could vote at the local Elementary School. It's so fun having to give up my right to carry so that I can exercise my right to vote. Fortunately, they had one of those magic "Gun Free School Zone" stickers on the door, so no bad guys could get in anyway.

    One thing that bugged me was having to go into a school to vote for or against more funding for... schools! Seemed like it was loading the deck to me.


    LoveMyCountry

    Edit: Yes, I know you were asking about the laws in VA, but I just wanted to join in.


    Try this on for size. In VA. we have to give up our right to keep and bear arms to excercise our right to vote if our polling station is a K-12 school. The gun would have to either be unloaded and locked up or a second person with a CHP would have to sit in the vehicle and then do a swap. Feel free to join in over here anytime! Congrats to your wife on the new permit

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    Regular Member zoom6zoom's Avatar
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    I had to leave my gun at home while I travelled the approximately 1050 feet to the school where I vote... then back home to strap up and head to work. Glad to have my CHP, there's almost nowhere in eastern PWC you can travel without passing through a school zone.

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    Regular Member paramedic70002's Avatar
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    IIRC, it is still illegal to arrest someone if en route toor from a polling place in VA. Must be an antiquated law that addresses intimidation. Of course it doesn't say you can't be arrested later...
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!

  14. #14
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    paramedic70002 wrote:
    IIRC, it is still illegal to arrest someone if en route toor from a polling place in VA. Must be an antiquated law that addresses intimidation. Of course it doesn't say you can't be arrested later...
    What earth does IIRC mean? Where is your code section cite for this?

    We need everybody's help to eliminate use of undefined acronyms and rule of law claims without cites, thanks.

  15. #15
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    If I recall correctly, you can find many suggested meanings here:

    http://www.acronymfinder.com/af-query.asp?Acronym=iirc

    Isn't it really cool what can be found with a little search of the Internet Information Research Center ?

  16. #16
    Regular Member paramedic70002's Avatar
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    Mike wrote:
    paramedic70002 wrote:
    IIRC, it is still illegal to arrest someone if en route toor from a polling place in VA. Must be an antiquated law that addresses intimidation. Of course it doesn't say you can't be arrested later...
    What earth does IIRC mean? Where is your code section cite for this?

    We need everybody's help to eliminate use of undefined acronyms and rule of law claims without cites, thanks.
    OK I wasn't intending to be all official and stuff... but since you asked, see at the bottom of this post.

    I'm not sure what "arrested under civil process" actually means. Apparently it's not a criminal arrest, so does it mean for bench warrants, failure to appear,and such?

    http://leg1.state.va.us/cgi-bin/legp...cod+8.01-327.2

    § 8.01-327.2. Who are privileged from arrest under civil process.

    In addition to the exemptions made by §§ 30-4, 30-6, 30-7, 30-8, 19.2-280, and 44-97, the following persons shall not be arrested, apprehended, or detained under any civil process during the times respectively herein set forth, but shall not otherwise be privileged from service of civil process by this section:

    1. The President of the United States, and the Governor of the Commonwealth at all times during their terms of office;

    2. The Lieutenant Governor of the Commonwealth during attendance at sessions of the General Assembly and while going to and from such sessions;

    3. Members of either house of the Congress of the United States during the session of Congress and for fifteen days next before the beginning and after the ending of any session, and during any time that they are serving on any committee or performing any other service under an order or request of either house of Congress;

    4. A judge, grand juror or witness, required by lawful authority to attend any court or place, during such attendance and while going to and from such court or place;

    5. Members of the national guard or naval militia while going to, attending at, or returning from, any muster or court-martial;

    6. Ministers of the gospel while engaged in performing religious services in a place where a congregation is assembled and while going to and returning from such place; and

    7. Voters going to, attending at, or returning from an election. Such privilege shall only be on the days of such attendance.
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!

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