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Open Carry in a Church to vote?

Thundar

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My polling place is a church. The polling is done in a large community room, which reminds me of a cafeteria. To access the polling place you must enter via the front entrance. Inside the entrance is the alcove. To theleft is the community room to vote. To theright is the main worship center. Last election the door to the worship center was open and it appeared that there were people inside praying. There was nobody at the altar/ tabernacle or speaking, just a few people in pews on their knees.

I live in VA Senate 14District and would like to open carry while I vote for Dr. Tabor. My motive is to make a political statement.Dr Taboris a strong proponent of our 2A rights.

When I read the law I am not sure if it is legal or not:

§ 18.2-283. Carrying dangerous weapon to place of religious worship.

If any person carry any gun, pistol, bowie knife, dagger or other dangerous weapon, without good and sufficient reason, to a place of worship while a meeting for religious purposes is being held at such place he shall be guilty of a Class 4 misdemeanor.

The issues:

Clearly there will not be a religious meeting at the polling place.

The polling place is part of a place of religious service.

The unorganized prayer may or may not be a religious service. (Door open so people can go inside and prey.)

Good and sufficient cause is not well defined and can only be determined if charges are pressed against me.

Trespass is not an issue as long as I go only to the polling place.

I have already asked a lawyer. His advice: It is a grey area. Since I am making a political statement, tell police what you are doing before you do it. Expect to get a summons. Expect to have a hard time in General District Court and have to appeal to Circuit Court where a jury trial will be risky. -

What do you think about open carry to vote? and do you think it is worth the risk?
 

zoom6zoom

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I can't locate the reference at the moment, but I thought polling places were a restricted location. Maybe I'm thinking of another state, though.

Of course, it doesn't matter to those of us who have to vote at the K-12.
 

PT111

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, South Carolina, USA
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Not a problem at all in SC. CC is banned in both churches and polling places so there is nodecision at all.:celebrate
 

Doug Huffman

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Washington Island, across Death's Door, Wisconsin,
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PT111 wrote:
Not a problem at all in SC. CC is banned in both churches and polling places so there is nodecision at all.:celebrate

http://www.scstatehouse.net/code/t23c031.htm

M) A permit issued pursuant to this section does not authorize a permit holder to carry a concealable weapon into a: [ ...]

(4) polling place on election days; [ ...]

(9) church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body;
Either we are equal or we are not. Good people ought to be armed where they will, with wits and guns and the truth. NRA/GOP KMA$$
 

Renegade

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Yorktown, VA, ,
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I have carried openly at various churches during services - as far as I am concerned I have good and sufficient reason.

Years ago I just carried openly on church property during non-service functions, and kept concealed during services. We do not go to church every weekend since out faith openly supports illegal immegration, is vocally neutral on out war against terrorism, and is quite passive in most every other respect.

So, which one of us will be the test case to define "good and sufficient reason"?

Anyone ever read the book "Shooting Back" by Charl van Wyk?

http://shop.wnd.com/store/item.asp?ITEM_ID=1960
 

mobeewan

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Hampton, Va, ,
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With the secular humanistic mantra of "separaion of church and state", I cannot understand how the state has any right to tell church goers they cannot carry in church for any reason. I believe this sould be challanged in the courts on that basis.
 

Tomahawk

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mobeewan wrote:
With the secular humanistic mantra of "separaion of church and state", I cannot understand how the state has any right to tell church goers they cannot carry in church for any reason.
Well, you belong to the state, not the church. After all, you're not tax exempt. ;)
 

dude

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My desire to see tomorrow is my "good and sufficent reason".
 

paramedic70002

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Franklin, VA, Virginia, USA
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I read somewhere that these types of laws were passed during the civil rights era to prevent the KKK from taking firearms into black churches, or something to that effect. Of course it doesn't say that.
 

paramedic70002

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BobCav wrote:
The only catch here is that many churches have schools on their property...
Now that's scary. Never thought of that. Do preschool programs get included in "elementary"?

B. If any person possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible material while such person is upon (i) any public, private or religious elementary, middle or high school, including buildings and grounds; (ii) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; or (iii) any school bus owned or operated by any such school, he shall be guilty of a Class 6 felony; however, if the person possesses any firearm within a public, private or religious elementary, middle or high school building and intends to use, or attempts to use, such firearm, or displays such weapon in a threatening manner, such person shall be sentenced to a mandatory minimum term of imprisonment of five years to be served consecutively with any other sentence.
 

zoom6zoom

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paramedic70002 wrote:
I read somewhere that these types of laws were passed during the civil rights era to prevent the KKK from taking firearms into black churches, or something to that effect. Of course it doesn't say that.
I think research would show that laws of this type were enacted earlier in the Jim Crow era. Many existing gun laws were racially motivated, but in the opposite direction that you're thinking. Don't want Bubba getting shot when he shows up to burn a cross on someone's front lawn, now, eh?
 

Skeptic

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Oct 2, 2007
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Goochland, Virginia, USA
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paramedic70002 wrote:
BobCav wrote:
The only catch here is that many churches have schools on their property...
Now that's scary. Never thought of that. Do preschool programs get included in "elementary"?

B. If any person possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible material while such person is upon (i) any public, private or religious elementary, middle or high school, including buildings and grounds; (ii) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; or (iii) any school bus owned or operated by any such school, he shall be guilty of a Class 6 felony; however, if the person possesses any firearm within a public, private or religious elementary, middle or high school building and intends to use, or attempts to use, such firearm, or displays such weapon in a threatening manner, such person shall be sentenced to a mandatory minimum term of imprisonment of five years to be served consecutively with any other sentence.
Of course IANAL, but I would contend that pre-schools are pre-elementary.


Meanwhile, I am really glad to realise that we will never have to worry about a situation like the Beslan school raid here in Virginia, since the guns are banned. :?:banghead::banghead:
 
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