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Open carrying a BB Gun while voting at school

Thundar

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Sep 12, 2007
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4,946
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Open carrying a BB Gun while voting at school -

I am not a lawyer but- 18.2 308.1 and the weapons reference to 18.2 308 do not appear to prohibit BB Guns.

My air pistol looks very similar to a Colt .357.

Not advocating anybody do it tomorrow, but what do you think?

Live Free or Die,
Thundar
 

MilProGuy

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Mississippi
Respectfully, I'd say you'll likely stir up a hornet's nest if you do.
 
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Riana

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Dec 23, 2008
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Fairfax County, VA
As my polling place in on school grounds as well, I always OC an empty holster - I recommend you do the same. Too much risk of something bad happening if you try to find a way around the law.
 
Last edited:

MAC702

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Nevada
So the government can choose where you must go if you exercise your RIGHT to vote, and can choose a place that denies you your RIGHT to be armed...

Any good lawyers looking into this?
 

Glockster

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So the government can choose where you must go if you exercise your RIGHT to vote, and can choose a place that denies you your RIGHT to be armed...

Any good lawyers looking into this?


This is along the lines of a question I posed in another thread regarding courthouses and what if you were called as a juror - can you be compelled to not exercise a constitutional right because of a lessor law. In this case it is slightly different in that you're not being legally compelled to appear to vote....but yeah, I've wondered about this situation for awhile. You have a constitutional right to carry, and a constitutional right to vote. Do they have a right to designate a voting area where you are precluded from exercising your constitutional right? Wouldn't this be similar to where in the past you were restricted from voting by some local law or another (property ownership, or whatever) and weren't they eventually determined to violate constitutional rights? Perhaps the short question is whether or not a case could be made to compel moving a polling place to one that doesn't inhibit any constitutional rights.

Or....pondering....I wonder if this would be grounds for challenging the laws regarding absentee ballots? Right now there is nothing in those laws that I see that allow you to request an absentee ballot because you cannot vote at your designated polling place which denies your constitutional rights.
 

MilProGuy

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This is along the lines of a question I posed in another thread regarding courthouses and what if you were called as a juror - can you be compelled to not exercise a constitutional right because of a lessor law. In this case it is slightly different in that you're not being legally compelled to appear to vote....but yeah, I've wondered about this situation for awhile. You have a constitutional right to carry, and a constitutional right to vote. Do they have a right to designate a voting area where you are precluded from exercising your constitutional right? Wouldn't this be similar to where in the past you were restricted from voting by some local law or another (property ownership, or whatever) and weren't they eventually determined to violate constitutional rights? Perhaps the short question is whether or not a case could be made to compel moving a polling place to one that doesn't inhibit any constitutional rights.

Or....pondering....I wonder if this would be grounds for challenging the laws regarding absentee ballots? Right now there is nothing in those laws that I see that allow you to request an absentee ballot because you cannot vote at your designated polling place which denies your constitutional rights.

Here's a thought which may help put things into perspective.

Several years ago, my wife went to the polls to vote and was wearing a "Vote for..." pin on her jacket. That's freedom of speech as far as any reasonable person would be concerned.

The polling supervisor would not allow her to vote until she went out to the car and removed her political pin and returned. He stated that political signs and other means of support for one candidate or the other within 100 ft. of the polling place was against the law.

So, what I'm trying to point out is that she had to give up her right to freedom of speech in order to exercise the right to vote.
 

Glockster

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Here's a thought which may help put things into perspective.

Several years ago, my wife went to the polls to vote and was wearing a "Vote for..." pin on her jacket. That's freedom of speech as far as any reasonable person would be concerned.

The polling supervisor would not allow her to vote until she went out to the car and removed her political pin and returned. He stated that political signs and other means of support for one candidate or the other within 100 ft. of the polling place was against the law.

So, what I'm trying to point out is that she had to give up her right to freedom of speech in order to exercise the right to vote.

I hear and get your point, but think that is a different situation. It's a law enacted that is directly related to the activity of voting, and enacted for the purpose of ensuring that someone's constitutionally protected right to "free speech" doesn't intimidate someone taking advantage of their constitutional right to vote. Free speech is one thing, but I think that the ability to regulate and take action on campaigning inside a polling place is a bit like being able to take action against someone falsely shouting, "fire" in a theater....as I understand the law, you don't have the legal right to free speech that would be known to be false and dangerous - which for the shouting "fire" was established by Schenck v. United States (Supreme Court, 1919). As I understand it, all those rights are no more or no less absolute than any other. So that seems to protect the right to bear arms as long as it doesn't interfere with the right to vote. But speech can and has been limited when it has been found to infringe upon other constitutional rights (such as speech that causes intimidation which then infringes upon the right to vote).

Having said that, perhaps I could also make the argument that some folks would claim that "man with gun" would intimidate, but I think that would then be addressed by other laws (that determine that man with gun isn't equal to brandishing, and therefore not an illegal act or not intimidating by itself).

But IMHO that's the difference.
 

MilProGuy

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I hear and get your point, but think that is a different situation. It's a law enacted that is directly related to the activity of voting, and enacted for the purpose of ensuring that someone's constitutionally protected right to "free speech" doesn't intimidate someone taking advantage of their constitutional right to vote. Free speech is one thing, but I think that the ability to regulate and take action on campaigning inside a polling place is a bit like being able to take action against someone falsely shouting, "fire" in a theater....as I understand the law, you don't have the legal right to free speech that would be known to be false and dangerous - which for the shouting "fire" was established by Schenck v. United States (Supreme Court, 1919). As I understand it, all those rights are no more or no less absolute than any other. So that seems to protect the right to bear arms as long as it doesn't interfere with the right to vote. But speech can and has been limited when it has been found to infringe upon other constitutional rights (such as speech that causes intimidation which then infringes upon the right to vote).

Having said that, perhaps I could also make the argument that some folks would claim that "man with gun" would intimidate, but I think that would then be addressed by other laws (that determine that man with gun isn't equal to brandishing, and therefore not an illegal act or not intimidating by itself).

But IMHO that's the difference.

You've made some very good points.
 

Glockster

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Dec 24, 2010
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Houston
You've made some very good points.

Thanks! And it looks like from some of the other threads, some of this is getting "tested" out (election official forced to leave for OC'ing).

Maybe this has all been settled and I don't know that, but if it hasn't it would seem to be an interesting premise to see play out.
 

peter nap

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Joined
Oct 16, 2007
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13,551
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Valhalla
What would be the purpose for wearing a bb gun??

I just don't see the logic in it.

A more graphic protest than an empty holster.
I vote in a school and had three rifles and 2 handguns....so I parked on the street. I'm too busy today to protest.
 

MAC702

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Jul 31, 2011
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Nevada
Is school is session during these times that the premises are being used as polling stations?
 

thebigsd

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Mar 23, 2010
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Quarryville, PA
This is all the more reason folks need to get out an vote. If we win the House and Senate we have a very good chance of getting some form of K-12 carry passed. Even if it is just an exemption for voting, it would be start.
 

roscoe13

Campaign Veteran
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Apr 18, 2007
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Location
Catlett, Virginia, USA
This is all the more reason folks need to get out an vote. If we win the House and Senate we have a very good chance of getting some form of K-12 carry passed. Even if it is just an exemption for voting, it would be start.

A much better goal would be getting "with the intent to commit a crime" added to the current statute....

Roscoe
 
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