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Thread: OCing while voting??

  1. #1
    Regular Member Neplusultra's Avatar
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    I did a quick check of the forum and couldn't find an exact match on this subject. The code I did find is this below. It says to me, and IANAL, that as long as you wait until late, when there is no school function/activity going on, you can carry into a voting place even though it's located in a K-12 school.

    Am I right? Has anyone carried into a polling place before?

    § 18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited.
    A. If any person possesses any (i) stun weapon as defined in this section; (ii) knife, except a pocket knife having a folding metal blade of less than three inches; or (iii) weapon, including a weapon of like kind, designated in subsection A of § 18.2-308, other than a firearm; upon (a) the property of any public, private or religious elementary, middle or high school, including buildings and grounds; (b) 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 (c) any school bus owned or operated by any such school, he shall be guilty of a Class 1 misdemeanor.
    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.
    The exemptions set out in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section. The provisions of this section shall not apply to (i) persons who possess such weapon or weapons as a part of the school's curriculum or activities; (ii) a person possessing a knife customarily used for food preparation or service and using it for such purpose; (iii) persons who possess such weapon or weapons as a part of any program sponsored or facilitated by either the school or any organization authorized by the school to conduct its programs either on or off the school premises; (iv) any law-enforcement officer; (v) any person who possesses a knife or blade which he uses customarily in his trade; (vi) a person who possesses an unloaded firearm that is in a closed container, or a knife having a metal blade, in or upon a motor vehicle, or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle; or (vii) a person who has a valid concealed handgun permit and possesses a concealed handgun while in a motor vehicle in a parking lot, traffic circle, or other means of vehicular ingress or egress to the school. For the purposes of this paragraph, "weapon" includes a knife having a metal blade of three inches or longer and "closed container" includes a locked vehicle trunk.


    Edited to remove html junk that didn't copy right.


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    Neplusultra wrote:
    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;
    (i), the section before the part you highlighted, says that you can't if your polling place is a school. The school grounds and buildings are a school 24/7. The part you highlighted was about activities apart from those grounds/buildings.



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    Regular Member Neplusultra's Avatar
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    les_aker wrote:
    Neplusultra wrote:
    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;
    (i), the section before the part you highlighted, says that you can't if your polling place is a school. The school grounds and buildings are a school 24/7. The part you highlighted was about activities apart from those grounds/buildings.

    Yeh, I see. I have to get my legal eyes open. I've done this once before wherein one can read something different ways and how you read it is related to your motive. Got to be more objective. The highlighted section pertains to say an area of public soccer fields wherein one was reserved for the use of the school, that area of the complex would be off limits??

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    Regular Member Thundar's Avatar
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    les_aker wrote:
    Neplusultra wrote:
    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;
    (i), the section before the part you highlighted, says that you can't if your polling place is a school. The school grounds and buildings are a school 24/7. The part you highlighted was about activities apart from those grounds/buildings.

    I have carried into my polling place, a church. Be careful though as some churches may also be schools and thus open or concealed carry is prohibited.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitableand let it come! I repeat it, Sir, let it come . PATRICK HENRY speech 1776

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    Regular Member Thundar's Avatar
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    I will be open carrying and voting for Ron Paul.....



    One small vote for Ron Paul, one giant vote for these united States!!
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitableand let it come! I repeat it, Sir, let it come . PATRICK HENRY speech 1776

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    Regular Member Neplusultra's Avatar
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    Thundar wrote:
    les_aker wrote:
    Neplusultra wrote:
    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;
    (i), the section before the part you highlighted, says that you can't if your polling place is a school. The school grounds and buildings are a school 24/7. The part you highlighted was about activities apart from those grounds/buildings.

    I have carried into my polling place, a church. Be careful though as some churches may also be schools and thus open or concealed carry is prohibited.
    Seems like a "do nothing" law. I can understand the (foolish) idea behind the law to protect children from crazies but when there are no children there what difference does it make. My personal idea of laws vs. freedoms is that if the law doesn't make a difference, what difference does it make? Ie, the law is of no effect and should be nullified by a court or removed by the legislature - for the sake of freedom.

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    Regular Member Neplusultra's Avatar
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    Thundar wrote:
    I will be open carrying and voting for Ron Paul.....



    One small vote for Ron Paul, one giant vote for these united States!!
    I'm thinking of writing in for Romney. I still haven't made up my mind, not too impressed with the Republicans this time around......

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    Neplusultra wrote:
    Seems like a "do nothing" law. I can understand the (foolish) idea behind the law to protect children from crazies but when there are no children there what difference does it make. My personal idea of laws vs. freedoms is that if the law doesn't make a difference, what difference does it make? Ie, the law is of no effect and should be nullified by a court or removed by the legislature - for the sake of freedom.
    My kids won't have tomorrow (the primary) off from school. I'll be voting at a school that is in session and full of kids.

    That said, I disagree with the whole idea that carry should be prohibited at a school.



  9. #9
    Regular Member Neplusultra's Avatar
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    les_aker wrote:
    Neplusultra wrote:
    Seems like a "do nothing" law. I can understand the (foolish) idea behind the law to protect children from crazies but when there are no children there what difference does it make. My personal idea of laws vs. freedoms is that if the law doesn't make a difference, what difference does it make? Ie, the law is of no effect and should be nullified by a court or removed by the legislature - for the sake of freedom.
    My kids won't have tomorrow (the primary) off from school. I'll be voting at a school that is in session and full of kids.

    That said, I disagree with the whole idea that carry should be prohibited at a school.

    No argument from me. It's a rediculous law. That said, do you agree with my "new" interpretation of section ii (copied it below).

    The highlighted section (ii) pertains to say an area of public soccer fields wherein one was reserved for the use by the school, that area of the complex would be off limits but the other areas being used by say private clubs would be open to CC or OC??

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    Neplusultra wrote:
    No argument from me. It's a rediculous law. That said, do you agree with my "new" interpretation of section ii (copied it below).

    The highlighted section (ii) pertains to say an area of public soccer fields wherein one was reserved for the use by the school, that area of the complex would be off limits but the other areas being used by say private clubs would be open to CC or OC??
    If the "public soccer fields" are on the school grounds, or otherwise owned by the school system, I would put them into (i) and always be off limits.

    If the "public soccer fields" are somewhere away from the school (a public park, etc) I would agree if the area was being used exclusively for the school event.

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    Neplusultra wrote:
    I'm thinking of writing in for Romney.
    Why on earth would you write in a pro gun control candidate?

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    Regular Member fairfax1's Avatar
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    Neplusultra wrote:
    Thundar wrote:
    I will be open carrying and voting for Ron Paul.....



    One small vote for Ron Paul, one giant vote for these united States!!
    I'm thinking of writing in for Romney. I still haven't made up my mind, not too impressed with the Republicans this time around......
    At least in Fairfax County, you don't have to write their name in. Everyone is still on the ballot.
    http://www.fairfaxcounty.gov/eb/FEB2008_REP.pdf

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    Neplusultra wrote:
    Thundar wrote:
    I will be open carrying and voting for Ron Paul.....



    One small vote for Ron Paul, one giant vote for these united States!!
    I'm thinking of writing in for Romney. I still haven't made up my mind, not too impressed with the Republicans this time around......
    You don't have to "write in" any of the candidates that are on the ballot. They will be on the ballot if they had the signatures required to get them on the ballot. At my polling station, there was no "write-in" available. However, all of the candidates, minus the ones who dropped out early are on the ballot, including Rudy and Mitt.


    ETA: My polling station is a public elementary school. I went "empty holster".

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    fairfax1 wrote:
    Neplusultra wrote:
    Thundar wrote:
    I will be open carrying and voting for Ron Paul.....



    One small vote for Ron Paul, one giant vote for these united States!!
    I'm thinking of writing in for Romney. I still haven't made up my mind, not too impressed with the Republicans this time around......
    At least in Fairfax County, you don't have to write their name in. Everyone is still on the ballot.
    http://www.fairfaxcounty.gov/eb/FEB2008_REP.pdf
    Same as PWC...

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    Well crap. I had a meeting in Springfield at 4pm, so I figured I'd have more than enough time to go vote afterwards. I left the place at 5:30 and it took me just short of TWO HOURS to get home to Alexandria. I didn't take 95, 495, and thanks to my GPS skipped most of the crap on Franconica/South Van Dorn. Unfortunately, there are only so many points to cross the beltway, and those small 1mile sections each added at least a half hour to the trip. I'm a saaaaaaaad panda. I kept tuned to NPR to listen for the election closing extensions they were debating but at the last minute literally they said the polls were closing. Plus when I finally got home, I saw the traffic I'd have to get through (Duke St. to Old Town) and it's similarly bad. : (

    -1 for Ron Paul.
    -Unrequited

  16. #16
    Founder's Club Member - Moderator longwatch's Avatar
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    Couldn't OC due to 18.2-308.1

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    Polling place is in a public library. I OC'ed and voted for RP (that's in another thread).

  18. #18
    Regular Member Neplusultra's Avatar
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    Not happy, voted for Fred Thompson, suprised to see him on the ballot. Not happy. It's 1996 all over again. What to do, what to do.......

  19. #19
    Regular Member Neplusultra's Avatar
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    Pa. Patriot wrote:
    Neplusultra wrote:
    I'm thinking of writing in for Romney.
    Why on earth would you write in a pro gun control candidate?
    Because there are other issues and because I think he is willing to abide by gun rights to win the office. I do believe, maybe I'm wrong, that there are politicians who are willing to limit themselves in order to gain office. Ron Paul has no chance, Fred Thompson is out and I dare say really doesn't want it, McCain although he says he's pro-gun I don't trust him (Soros funds at least one of his PACS!) and Huckelbee "the socialist" will make the recent years' Republican pork spendfest look like a weightwatcher's convention. Conservative Republicans again have ended up with no candidates, while the dems have produced another Clinton (I mean Obama) who is worshiped without question. It makes me sick that Obama is making women cry just because he offers some undefined "etherial" hope!

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