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Thread: Open carry on Election day?

  1. #1
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    I live in Old Town Alexandria and can walk to my polling place and usually carry something with me -- mostly openly. Wondering if there are any regulations against open carry when I go to vote on Tuesday?



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    Regular Member ProShooter's Avatar
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    Where do you vote?

    My place is an Elementary School, so its a no go.
    James Reynolds

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    ProShooter wrote:
    Where do you vote?

    My place is an Elementary School, so its a no go.
    I dont remember...I'll have to look

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    Regular Member vt357's Avatar
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    ProShooter wrote:
    Where do you vote?

    My place is an Elementary School, so its a no go.
    Me too. I used to vote at a fire station - now it's a pain in the butt to have everything locked up and secured just to get out of the car to vote.

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    Regular Member Thundar's Avatar
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    I will be in Albania next week, but plan on carrying to the registrars office for early voting this week.
    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 inevitable–and 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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    Mayday wrote:
    I live in Old Town Alexandria and can walk to my polling place and usually carry something with me -- mostly openly. Wondering if there are any regulations against open carry when I go to vote on Tuesday?

    There are no prohibitions for polling places, but the normal prohibitions for schools do apply.
    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 inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Regular Member SouthernBoy's Avatar
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    But only when normal school activities are in session according to Virginia state law. So if you wait until after the school is finished with its classes and is not conducting any other types of school-related activities, it is my understanding you are fine to carry.

    "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. "


    If I am in error with this, please let me know and why.


    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

    Si vis pacem, para bellum.

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    SouthernBoy,

    Paragraph A of § 18.2-308.1 you referenced does not cover firearms

    Paragraph B of § 18.2-308.1 does cover firearms.
    B. If any person possesses any firearm...while such person is upon (i) any public, private or religious elementary, middle or high school, including buildings and grounds...he shall be guilty of a Class 6 felony....
    ---

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    Regular Member Decoligny's Avatar
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    SouthernBoy wrote:
    But only when normal school activities are in session according to Virginia state law. So if you wait until after the school is finished with its classes and is not conducting any other types of school-related activities, it is my understanding you are fine to carry.

    "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. "


    If I am in error with this, please let me know and why.

    You are in error. For starters, it clearly states: "other than a firearm" so this section doesn't deal with guns.

    "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. "

    Secondly, even if it did relate to guns, (a), (b), and (c) are each independent of each other (seperated by a semi-colon, not a comma)and must be taken seperately, so a school is always a school.

    Example:

    "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; uponthe property of any public, private or religious elementary, middle or high school, including buildings and grounds, he shall be guilty of a Class 1 misdemeanor. "

    "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; uponthat 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, he shall be guilty of a Class 1 misdemeanor. "

    "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 any school bus owned or operated by any such school, he shall be guilty of a Class 1 misdemeanor. "








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    SouthernBoy wrote:
    But only when normal school activities are in session according to Virginia state law. So if you wait until after the school is finished with its classes and is not conducting any other types of school-related activities, it is my understanding you are fine to carry.

    "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. "


    If I am in error with this, please let me know and why.

    That only applies to subsection (b).There areno exceptionsthat allow you to carry at any time at (a) or (c).

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    Lone Star Veteran DrMark's Avatar
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    Every fed, state, or local election in which I've voted has used a school for my polling place.



  12. #12
    Campaign Veteran T Dubya's Avatar
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    I vote at a county library. I might just open carry.
    "These are the shock troops (opencarry.org) of the gun lobby. And, they are not going away."
    Ceasefire NJ Director Brian Miller, NJ.com, August 20, 2009

  13. #13
    Regular Member SouthernBoy's Avatar
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    I just read section B and it has much the same wording as A except for the fact that it addresses firearms. Should say there is a technical error in it. Firearms do NOT expel a projectile by the action of an explosion. The powder in a metallic cartridge does not explode. As we all know, it burns. So they have an error here that could be tested in court.. I wonder if it ever has been tested.

    Anyway here is section B from 18.2-308.1;

    "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. "

    Once again, it mentions "while such functions or activities are taking place". So based upon this, it seems that as long as school is not in session and there are no school related activities taking place, one can carry a firearm onto school premises.

    Gentlemen, if I am missing something here, feel free to correct me.



    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

    Si vis pacem, para bellum.

    America First!

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    SouthernBoy wrote:
    I just read section B and it has much the same wording as A except for the fact that it addresses firearms. Should say there is a technical error in it. Firearms do NOT expel a projectile by the action of an explosion. The powder in a metallic cartridge does not explode. As we all know, it burns. So they have an error here that could be tested in court.. I wonder if it ever has been tested.

    Anyway here is section B from 18.2-308.1;

    "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. "

    Once again, it mentions "while such functions or activities are taking place". So based upon this, it seems that as long as school is not in session and there are no school related activities taking place, one can carry a firearm onto school premises.

    Gentlemen, if I am missing something here, feel free to correct me.


    OK.You havethe right section now, but my point is the same as above. The exceptiononly applies tosection (ii), and you still may not carry at any time while on (i) or (iii).

  15. #15
    Regular Member SouthernBoy's Avatar
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    VApatriot wrote:
    SouthernBoy wrote:
    I just read section B and it has much the same wording as A except for the fact that it addresses firearms. Should say there is a technical error in it. Firearms do NOT expel a projectile by the action of an explosion. The powder in a metallic cartridge does not explode. As we all know, it burns. So they have an error here that could be tested in court.. I wonder if it ever has been tested.

    Anyway here is section B from 18.2-308.1;

    "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. "

    Once again, it mentions "while such functions or activities are taking place". So based upon this, it seems that as long as school is not in session and there are no school related activities taking place, one can carry a firearm onto school premises.

    Gentlemen, if I am missing something here, feel free to correct me.


    OK.You havethe right section now, but my point is the same as above. The exceptiononly applies tosection (ii), and you still may not carry at any time while on (i) or (iii).
    Thank you VApatriot for your response and forcing me to reread the sections again. I'll just play it safe and leave my little friend at home since my voting site is a school.

    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

    Si vis pacem, para bellum.

    America First!

  16. #16
    Founder's Club Member Tess's Avatar
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    SouthernBoy wrote:
    Thank you VApatriot for your response and forcing me to reread the sections again. I'll just play it safe and leave my little friend at home since my voting site is a school.
    Since I vote in a school, and therefore am unarmed, I use my conceal carry permit as government-issued ID, though.

    Got a "why'd ya have to go and do that" look last time, but that's all. Nothing said - not that there was anything to say.
    Laws alone can not secure freedom of expression; in order that every man present his views without penalty there must be spirit of tolerance in the entire population. -Albert Einstein

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    Founder's Club Member - Moderator ed's Avatar
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    Tess wrote:
    I use my conceal carry permit as government-issued ID
    Acceptable forms of identification include the following:

    • Virginia voter identification card
    • Valid Virginia driver's license
    • Military ID
    • Any Federal, state or local government-issued ID
    • Employer issued photo ID card
    • Social Security card

    Any voter who forgets to bring acceptable ID to the polls may still vote but, will be requested to sign, under oath, an Affirmation of Identity form affirming that he/she is the voter he/she claims to be. A voter who requires assistance to vote by reason of physical disability or an inability to read or write may, if he so requests, also be assisted in completing this statement.

    Carry On.

    Ed

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    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

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    Tess wrote:
    SouthernBoy wrote:
    Thank you VApatriot for your response and forcing me to reread the sections again. I'll just play it safe and leave my little friend at home since my voting site is a school.
    Since I vote in a school, and therefore am unarmed, I use my conceal carry permit as government-issued ID, though.

    Got a "why'd ya have to go and do that" look last time, but that's all. Nothing said - not that there was anything to say.
    I like the idea. I'm doing that when I vote at the middle school I attended 10 yrs ago

    EDIT: Ok, Ed posted and now has me thinking that's not acceptable. I have my DL too, so no big deal...

  19. #19
    Founder's Club Member - Moderator ed's Avatar
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    SaltH2OHokie wrote:
    EDIT: Ok, Ed posted and now has me thinking that's not acceptable.
    why not?
    [*]Any Federal, state or local government-issued ID

    Carry On.

    Ed

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  20. #20
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    I'll definitely use my CHP and get my wife and at least one more friend to as well. I like that idea.
    Find businesses that are pro gun...and those that aren't. Friend or Foe - Version 2 is online!

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    vt357 wrote:
    ProShooter wrote:
    Where do you vote?

    My place is an Elementary School, so its a no go.
    Me too. I used to vote at a fire station - now it's a pain in the butt to have everything locked up and secured just to get out of the car to vote.
    And me. :X
    Why open carry? Because 1911 > 911.

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    Nevermind Ed...I thought you were implying CHP was no good just based on the ordering of your post...

  23. #23
    Founder's Club Member - Moderator ed's Avatar
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    I was just backing up Tess
    Carry On.

    Ed

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  24. #24
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    ed wrote:
    I was just backing up Tess
    I had a 50/50

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    Empty Holster: Check

    Spare Mags: Check

    1911 Belt Buckle: Check

    VCDL Hat: Check

    Maine non-rez Permit: Check

    Am I forgetting anything?


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