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Thread: Concealed/Open Carry at at Polling Place

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    Concealed/Open Carry at at Polling Place

    I opened my yap last nite at a Poll Challenger training session stating 'there is no law against carrying in a polling place' based on my knowledge of the CPL statute. To be sure, I've reviewed the MCL on CPL again and still find nothing. If it's in a church, school, court house then it's a different story. Let's say a Township hall where it is legal to carry - I don't bellieve just because it's a polling place it becomes off limits...

    Lil' help?

    Carry on

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    Regular Member sprinklerguy28's Avatar
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    You are correct you are allowed to carry while voting. Many on here have done so, including OCing at a church or school.

    http://forum.opencarry.org/forums/sh...ghlight=voting

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    Michigan Moderator DrTodd's Avatar
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    Not only is there no law prohibiting carry while voting, Michigan also does not allow the police, except under very specific situations, to arrest the elector while going to and coming from the polling place or while voting.

    MCL600.1825 Arrest; privileged persons.
    Sec. 1825. (1) Every elector is privileged from arrest while going to, attending, and returning from elections in all cases except for treason, felony, or breach of the peace.
    (2) Senators and representatives are privileged from arrest during sessions of the legislature and for 15 days next before the commencement and after the end of each session.
    (3) All officers, warrant officers, and enlisted personnel who are in the actual service of this state or theUnited States are privileged from arrest and imprisonment during the time of their actual service except for treason, felony, or breach of the peace.
    History: 1961, Act 236, Eff. Jan. 1, 1963.
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    Regular Member Bikenut's Avatar
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    Quote Originally Posted by DrTodd View Post
    Not only is there no law prohibiting carry while voting, Michigan also does not allow the police, except under very specific situations, to arrest the elector while going to and coming from the polling place or while voting.

    MCL600.1825 Arrest; privileged persons.
    Sec. 1825. (1) Every elector is privileged from arrest while going to, attending, and returning from elections in all cases except for treason, felony, or breach of the peace.
    (2) Senators and representatives are privileged from arrest during sessions of the legislature and for 15 days next before the commencement and after the end of each session.
    (3) All officers, warrant officers, and enlisted personnel who are in the actual service of this state or theUnited States are privileged from arrest and imprisonment during the time of their actual service except for treason, felony, or breach of the peace.
    History: 1961, Act 236, Eff. Jan. 1, 1963.
    Any applicable federal laws prohibiting weapons at a polling place?
    Gun control isn't about the gun at all.... for those who want gun control it is all about their own fragile egos, their own lack of self esteem, their own inner fears, and most importantly... their own desire to dominate others. And an openly carried gun is a slap in the face to all of those things.

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    Regular Member Michigander's Avatar
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    Quote Originally Posted by Bikenut View Post
    Any applicable federal laws prohibiting weapons at a polling place?
    Looking back in time, pre McDonald/Heller, the feds would have considered this very much a states rights issue with no need to get involved, so no, no such law. Now it's become hard to argue that states even have a right to infringe on carry under any circumstance, other than situations like felony convictions and being under the influence.
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

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    Michigan Moderator Big Gay Al's Avatar
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    Unfortunately, in my township, the voting place is in a church. Say, isn't that a violation of the separation of church and state? (Just kidding, FYI)
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    Regular Member sprinklerguy28's Avatar
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    Quote Originally Posted by Big Gay Al View Post
    Unfortunately, in my township, the voting place is in a church. Say, isn't that a violation of the separation of church and state? (Just kidding, FYI)
    You can legally open carry at a church(w/CPL). Also, the polling area is leased by your township. This is required by law that they lease it if being used for voting. This means the polling location is under control of your township, carry on CC or OC.
    Last edited by sprinklerguy28; 10-05-2010 at 10:59 PM.

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    Regular Member Bronson's Avatar
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    Quote Originally Posted by Big Gay Al View Post
    Unfortunately, in my township, the voting place is in a church. Say, isn't that a violation of the separation of church and state? (Just kidding, FYI)
    I OCed at my polling place, which is also in a church, without issue (other than the air conditioning wasn't working and I was sweating like a horse).

    Bronson
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    I oc'd at my polling place for the primary. I also plan to oc for the election in nov. My polling place is the town hall.

    I do plan to place my " I voted " sticker on my holster this time around.
    Last edited by lapeer20m; 10-06-2010 at 04:01 PM.
    Quis custodiet ipsos custodes? (who will watch the watchmen?)

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    [QUOTE=DrTodd;1371760]Not only is there no law prohibiting carry while voting, Michigan also does not allow the police, except under very specific situations, to arrest the elector while going to and coming from the polling place or while voting.

    [I]MCL600.1825 Arrest; privileged persons.
    Sec. 1825. (1) Every elector is privileged from arrest while going to, attending, and returning from elections in all cases except for treason, felony, or breach of the peace.
    (2) Senators and representatives are privileged from arrest during sessions of the legislature and for 15 days next before the commencement and after the end of each session.
    (3) All officers, warrant officers, and enlisted personnel who are in the actual service of this state or theUnited States are privileged from arrest and imprisonment during the time of their actual service except for treason, felony, or breach of the peace.






    There is a belief that this statute applies to "civil arrest" and not criminal arrest. An interesting read on the topic is Michigan Attorney General Opinion 4443 of 1966.

    If you read that statute literally, one would think that a soldier or senator can drink and drive and claim immunity. Again, if you read the statute literally, you can beat your spouse and be immune from arrest if you are on your way to vote, voting or returning from voting. That is hardly the case.
    Last edited by warrior1978; 10-06-2010 at 04:29 PM.

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    Michigan Moderator DrTodd's Avatar
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    [QUOTE=warrior1978;1372951]
    Quote Originally Posted by DrTodd View Post
    Not only is there no law prohibiting carry while voting, Michigan also does not allow the police, except under very specific situations, to arrest the elector while going to and coming from the polling place or while voting.

    [I]MCL600.1825 Arrest; privileged persons.
    Sec. 1825. (1) Every elector is privileged from arrest while going to, attending, and returning from elections in all cases except for treason, felony, or breach of the peace.
    (2) Senators and representatives are privileged from arrest during sessions of the legislature and for 15 days next before the commencement and after the end of each session.
    (3) All officers, warrant officers, and enlisted personnel who are in the actual service of this state or theUnited States are privileged from arrest and imprisonment during the time of their actual service except for treason, felony, or breach of the peace.






    There is a belief that this statute applies to "civil arrest" and not criminal arrest. An interesting read on the topic is Michigan Attorney General Opinion 4443 of 1966.

    If you read that statute literally, one would think that a soldier or senator can drink and drive and claim immunity. Again, if you read the statute literally, you can beat your spouse and be immune from arrest if you are on your way to vote, voting or returning from voting. That is hardly the case.
    Very interesting. I am wondering, since a violation of the PFZ prohibitions is a "civil infraction" and not a criminal offense, if a person could be arrested while cc (with CPL) in a PFZ??


    From the Glossary of Michigan Criminal Terms --- Michigan Prosecuting Attorneys Coordinating Council
    http://www.michiganprosecutor.org/Define.htm#C
    CIVIL INFRACTION a non-criminal violation of a law prosecuted by the State or a local government unit.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer – I am not a lawyer! Please do not consider anything you read from me to be legal advice.

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    [QUOTE=DrTodd;1373034][QUOTE=warrior1978;1372951]

    Very interesting. I am wondering, since a violation of the PFZ prohibitions is a "civil infraction" and not a criminal offense, if a person could be arrested while cc (with CPL) in a PFZ??





    You cannot be arrested for a civil infraction, only misdemeanors and felonies. In my previous post, I mentioned "civil arrest". A civil infraction is not a civil arrest. Many years ago, people went to jail for being in debt, that would be an example of a civil arrest. We no longer have debtors' prisons.

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    [QUOTE=DrTodd;1371760]Not only is there no law prohibiting carry while voting, Michigan also does not allow the police, except under very specific situations, to arrest the elector while going to and coming from the polling place or while voting.

    [I]MCL600.1825 Arrest; privileged persons.
    Sec. 1825. (1) Every elector is privileged from arrest while going to, attending, and returning from elections in all cases except for treason, felony, or breach of the peace.
    (2) Senators and representatives are privileged from arrest during sessions of the legislature and for 15 days next before the commencement and after the end of each session.
    (3) All officers, warrant officers, and enlisted personnel who are in the actual service of this state or theUnited States are privileged from arrest and imprisonment during the time of their actual service except for treason, felony, or breach of the peace.

    Nice cite back atcha! I'll be a Poll Challenger and I'll be there all day. Would rather CC but would OC if I had to.

    Carry on

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    "There is a belief that this statute applies to "civil arrest" and not criminal arrest. An interesting read on the topic is Michigan Attorney General Opinion 4443 of 1966.

    If you read that statute literally, one would think that a soldier or senator can drink and drive and claim immunity. Again, if you read the statute literally, you can beat your spouse and be immune from arrest if you are on your way to vote, voting or returning from voting. That is hardly the case."

    It looks like it reads "arrest" while traveling to and from. I would assume one could be arrested later, and it's not immunity from prosecution, IMO.

    Carry on

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    The AG opinion describes the difference between a "civil arrest" and a "criminal arrest". Paraphrased, the statute is prohibiting the civil arrest of legislators, electors and service members. These individuals are not protected from criminal arrest. That is my take on the 1966 AG opinion. With that said, the AG opinion was only binding on the Michigan Department of Conservation with respect to active duty service members violating conservation laws.

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    [QUOTE=warrior1978;1373117][QUOTE=DrTodd;1373034]
    Quote Originally Posted by warrior1978 View Post

    Very interesting. I am wondering, since a violation of the PFZ prohibitions is a "civil infraction" and not a criminal offense, if a person could be arrested while cc (with CPL) in a PFZ??

    You cannot be arrested for a civil infraction, only misdemeanors and felonies. In my previous post, I mentioned "civil arrest". A civil infraction is not a civil arrest. Many years ago, people went to jail for being in debt, that would be an example of a civil arrest. We no longer have debtors' prisons.
    The State Civil Infraction only pertains to the first violation of a CPL holder. See below per 28.425o in pertinent part, Subsection (5):

    (5) An individual who violates this section is responsible for a state civil infraction or guilty of a crime as follows:

    (a) Except as provided in subdivisions (b) and (c), the individual is responsible for a state civil infraction and may be fined not more than $500.00. The court shall order the individual's license to carry a concealed pistol suspended for 6 months.

    (b) For a second violation, the individual is guilty of a misdemeanor punishable by a fine of not more than $1,000.00. The court shall order the individual's license to carry a concealed pistol revoked.

    (c) For a third or subsequent violation, the individual is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both. The court shall order the individual's license to carry a concealed pistol revoked.

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    Michigan Moderator Big Gay Al's Avatar
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    I always thought a civil infraction means they give you a ticket.
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    Yea me too, apparently you can be arrested for dumb stuff if they want.


    so no law against carrying there, old guy told me there was, but seems noone can find one.

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    Campaign Veteran smellslikemichigan's Avatar
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    anymore details than that?
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    Wowwie!!!

    Quote Originally Posted by birddseedd View Post
    Yea me too, apparently you can be arrested for dumb stuff if they want.


    so no law against carrying there, old guy told me there was, but seems noone can find one.

    Way to keep up!

    AND thanks for nearly 4 year NECRO Post.....


    Quote Originally Posted by smellslikemichigan View Post
    anymore details than that?
    You gotta keep an eye on the dates in these things..

    How embarrassing.
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    Ok

    Has. The law changed in the last 4 years?


    Better?

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    Quote Originally Posted by birddseedd View Post
    Ok

    Has. The law changed in the last 4 years?


    Better?
    Again you can't seem to read on this board either.
    There has never been a law against it.
    Last edited by Golden Eagle; 08-10-2014 at 10:44 AM.
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    Quote Originally Posted by Golden Eagle View Post
    Again you can't seem to read on this board either.
    There has never been a law against it.
    I read it, but it was written 4 years ago

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    Regular Member Golden Eagle's Avatar
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    Quote Originally Posted by birddseedd View Post
    I read it, but it was written 4 years ago
    So you read that there was no law against it but wanted to know if the law is now "better"?
    The news media plays politics more than the politicians do.

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    The law changes, its not unreasonable to wonder if this one has changed

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