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Firearm Prevents Police Officer From Casting Vote

boyscout399

Regular Member
Joined
May 23, 2008
Messages
905
Location
Lyman, Maine
There is no Maine law preventing firearms in poling places. If the poling place is a school, then it would fall under the no guns in schools law. My poling place is in my town hall and I have open carried to every election in the last 3 years. Maine preemption law ensures that localities cannot make an ordinance or rule preventing someone from voting because of a firearm, and http://www.mainelegislature.org/legis/statutes/17/title17sec2931.html says that interfering with a right (voting and carrying a firearm in this case) is a class D crime. In Maine a Class D crime is punishable with up to 364 days in jail. What that election official did was criminal, and that warden should have arrested him on the spot.
 

NHCGRPR45

Regular Member
Joined
May 30, 2010
Messages
1,131
Location
Chesterfield Township, MI
If he wasn't, then he would be. Wouldn't that officer then be asked to leave? :confused: :rolleyes:

yes, by the wardens logic, techically the 2 officers could keep handing the gun back and forth until the voteing was done then leave. that makes as much sense as telling an armed cop he can't vote!:cuss: not to mention all the saftey rules that will be broken by giving someone a loaded gun,,,,:mad:

we in mi can carry into polling places, even if those polling places are in pistol free zones so long as we open carry.
 

Flashlight

Regular Member
Joined
Jul 6, 2010
Messages
68
Location
Indiana
On the WGME news they said that you can carry into a polling place as long as it is not a school or church. Are churches prohibited?
 

ep0k

Regular Member
Joined
May 21, 2010
Messages
273
Location
Wiscasset, Maine, USA
On the WGME news they said that you can carry into a polling place as long as it is not a school or church. Are churches prohibited?

I know of no such statute. Matter of fact a few months back one of the guys speaking against Skolnik's measure mentioned that he regularly carries in church on account of some hooligans in his neighborhood and the Chief of Police didn't seem surprised or interested to hear it.
 

boyscout399

Regular Member
Joined
May 23, 2008
Messages
905
Location
Lyman, Maine
On the WGME news they said that you can carry into a polling place as long as it is not a school or church. Are churches prohibited?

Churches would not be prohibited by law, though they are private property and if asked to leave private property you could be slapped with a trespassing charge. I do not know how that would work considering it's a public polling place. I can't imagine it's possible to trespass someone and prevent them from voting...
 

ep0k

Regular Member
Joined
May 21, 2010
Messages
273
Location
Wiscasset, Maine, USA
Churches would not be prohibited by law, though they are private property and if asked to leave private property you could be slapped with a trespassing charge. I do not know how that would work considering it's a public polling place. I can't imagine it's possible to trespass someone and prevent them from voting...

I'm sure there's a legal precedent somewhere that establishes what rights the private property owner has when the property is being used for a public purpose (like voting).
 

Rattrapper

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Joined
Jul 5, 2008
Messages
218
Location
Swanzey,NH, ,
Churches would not be prohibited by law, though they are private property and if asked to leave private property you could be slapped with a trespassing charge. I do not know how that would work considering it's a public polling place. I can't imagine it's possible to trespass someone and prevent them from voting...

I believe that common sense would be, if you open the property for a function of government business, Then the property is treated as government property. I know in the past, In Massachusetts a Gun Club allowed its hall to be used for a Trapper Education Class, and we were compelled to allow the animal rights folks record the class. The same thing happen when the Fish and Wildlife Board used the Hall, It "Became" Public property.

Oh! remember Maine was originally Massachusetts and many of the laws are the same.
 
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crdonov

Regular Member
Joined
May 16, 2010
Messages
463
Location
south portland, Maine, USA
wanted to open carry when i voted yesterday! but i vote at the s.portland community center which is right next to the s.portland high school. well with in 500 feet.
 

Maine CWP Training

Regular Member
Joined
Jul 12, 2010
Messages
463
Location
Harrison
well with in 500 feet.
What does that have to do with it?

1. Prohibition. A person may not possess a firearm on public school property or the property of an approved private school or discharge a firearm within 500 feet of public school property or the property of an approved private school.
 
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boyscout399

Regular Member
Joined
May 23, 2008
Messages
905
Location
Lyman, Maine
wanted to open carry when i voted yesterday! but i vote at the s.portland community center which is right next to the s.portland high school. well with in 500 feet.

Do you have a Maine Concealed Firearm's Permit? That would exempt you from the federal Gun Free School Zones law and the Maine State Statute only covers discharging the firearm within 500 feet, You can carry open or concealed within 500 feet and not break state law.
 

crdonov

Regular Member
Joined
May 16, 2010
Messages
463
Location
south portland, Maine, USA
Do you have a Maine Concealed Firearm's Permit? That would exempt you from the federal Gun Free School Zones law and the Maine State Statute only covers discharging the firearm within 500 feet, You can carry open or concealed within 500 feet and not break state law.

i do have maine concealed weapon permit. wasnt aware of that.

xd-over
 
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