Open Carry is illegal at a polling place according to State Board of Elections?

[va_tazdad]

I showed up at Wagstaff in North Chesterfield today to vote and was greeted by a sign taped to the entrance that said open carry of firearms is prohibited except for law enforcement officers.

This was quite a surprise to me since I have carried for the last 4 elections.

I questioned the staff and they stated it was in the hand book. I asked to see where it said that and low and behold, nobody could find it.

I called the State Board of Elections (800-552-9745) and spoke to a member of their legal department who advised that under VA Code 24.2-607 open display of firearms was illegal except for law enforcement officers.

The board "determined" a few years ago that it was intimidating and therefore prohibited. They advised I could carry concealed but not open.

This is opposite to what has been posted here I believe. Not being a lawyer or as crafty as Skidmark, I concealed so I could vote and immediately came here to say WTF !!!!!

 

[vt800c]

As my polling place is an elementary school...

I think it's already a no-no to carry there.

 

[va_tazdad]

Code of Virginia 24.2-607

§ 24.2-607. Prohibited conduct; intimidation of voters; disturbance of election; how prevented; penalties.

A. It shall be unlawful for any person to hinder, intimidate, or interfere with any qualified voter so as to prevent the voter from casting a secret ballot. The officers of election may order a person violating this subsection to cease such action. If such person does not promptly desist, the officers of election, or a majority of them, may order the arrest of such person by any person authorized by law to make arrests, and, by their warrant, may commit him to the county or city jail, as the case may be, for a period not exceeding twenty-four hours. Any person violating this subsection shall be guilty of a Class 1 misdemeanor.

B. No person shall conduct himself in a noisy or riotous manner at or about the polls so as to disturb the election or insult or abuse an officer of election. Any person authorized to make arrests may forthwith arrest a person engaging in such conduct and bring him before the officers of the election, and they, by their warrant, may commit him to the county or city jail, as the case may be, for a period not exceeding twenty-four hours; but they shall permit him to vote if he is so entitled.

(Code 1950, §§ 24-190, 24-192; 1970, c. 462, § 24.1-104; 1993, c. 641.)

I see nothing here that defines open carry as intimidating!

 

[vt800c]

Hold the phone.....!

§ 24.2-607. Prohibited conduct; intimidation of voters; disturbance of election; how prevented; penalties.

A. It shall be unlawful for any person to hinder, intimidate, or interfere with any qualified voter so as to prevent the voter from casting a secret ballot. The officers of election may order a person violating this subsection to cease such action. If such person does not promptly desist, the officers of election, or a majority of them, may order the arrest of such person by any person authorized by law to make arrests, and, by their warrant, may commit him to the county or city jail, as the case may be, for a period not exceeding twenty-four hours. Any person violating this subsection shall be guilty of a Class 1 misdemeanor.

B. No person shall conduct himself in a noisy or riotous manner at or about the polls so as to disturb the election or insult or abuse an officer of election. Any person authorized to make arrests may forthwith arrest a person engaging in such conduct and bring him before the officers of the election, and they, by their warrant, may commit him to the county or city jail, as the case may be, for a period not exceeding twenty-four hours; but they shall permit him to vote if he is so entitled.

IANAL...but I think unless you are working up a number 6 on them you are not doing anything wrong.

But I don't have the gut$ to press this issue myself...(sorry)

 

[Herr Heckler Koch]

... advised that under VA Code 24.2-607 open display of firearms was illegal except for law enforcement officers. The board "determined" a few years ago that it was intimidating and therefore prohibited.

Yes, only law enFORCEment officers may intimidate legally, at the polls and elsewhere.

Imagine how an illegal might feel.

 

[va_tazdad]

Chesterfield Registrar Lawrence Haake III

I just got off the phone with Lawrence Haake, III Registrar of Chesterfield. ((804-748-9745)

He stated that due to an incident in March 2012, the State Board of Elections on HIS recommendation has now prohibited open carry due to a person seeing a gun and being intimidated.

Mr. Haake advised that anything that can disrupt people voting can be prohibited, including cell phones. He also stated that concealed carry is legal because nobody knows you have a gun.

He stated that they are not trying to infringe on anyone's 2nd Amendment rights (which they did) but a polling place is not a "public location" and therefore they can prohibit anything that disrupts anyone voting.

Better cover up folks (if you can) to vote. ????? ? ? ? ? ? ? ? ? ? ? ? ?

 

[jmelvin]

§ 24.2-607. Prohibited conduct; intimidation of voters; disturbance of election; how prevented; penalties.

A. It shall be unlawful for any person to hinder, intimidate, or interfere with any qualified voter so as to prevent the voter from casting a secret ballot. The officers of election may order a person violating this subsection to cease such action. If such person does not promptly desist, the officers of election, or a majority of them, may order the arrest of such person by any person authorized by law to make arrests, and, by their warrant, may commit him to the county or city jail, as the case may be, for a period not exceeding twenty-four hours. Any person violating this subsection shall be guilty of a Class 1 misdemeanor.

B. No person shall conduct himself in a noisy or riotous manner at or about the polls so as to disturb the election or insult or abuse an officer of election. Any person authorized to make arrests may forthwith arrest a person engaging in such conduct and bring him before the officers of the election, and they, by their warrant, may commit him to the county or city jail, as the case may be, for a period not exceeding twenty-four hours; but they shall permit him to vote if he is so entitled.

IANAL...but I think unless you are working up a number 6 on them you are not doing anything wrong.

But I don't have the gut$ to press this issue myself...(sorry)

The mere presence of an item does not equate with an action, and this Code of Virginia section prohibits actions. People may have all manners of phobias, but that does not mean that simply due to the presence of the feared item that one has committed an act to hinder, intimidate or interfere with this person voting. I’d certainly think the BoE is out of line here and should be challenged with its attempt to squash the vote of those who carry arms for their protection, when there is no specific action on the person carrying arms to hinder, intimidate or interfere. I’d dare say it is the BoE who is in violation of 24.2-607(A).

 

[vt800c]

a polling place is not a "public location" ?

Thats news to me. If it's not a public location, how can people get there to vote?

I'd like to know what happened in March 2012...did some Lib-tard get their feewings hurted?

 

[VApatriot]

It sounds like the Attorney General needs to be consulted in this matter.

 

[Herr Heckler Koch]

Thats news to me. If it's not a public location, how can people get there to vote?

Wisconsin Government Accountability Board that oversees elections tried to post polls against possession of guns for "elections are special events." Fortunately special event is defined in statute as "open to the public" that elections are not. They are not open to prohibited felon members of the public, foreign visitor members of the public, minor members of the public, et cetera.

Perhaps the premises for similar logic exist in VA statutes.

 

[jmelvin]

To contact Ken Cuccinelli (VA Attorney General):

Office of the Attorney General
900 East Main Street
Richmond, VA 23219
(804) 786-2071

http://www.oag.state.va.us/Contact Us/contact_directory.html

va_tazdad I don't know all of your information or I'd be tempted to call myself, but here's the info in case you don't already know.

 

[vt800c]

grain of salt?

Wisconsin Government Accountability Board that oversees elections tried to post polls against possession of guns for "elections are special events." Fortunately special event is defined in statute as "open to the public" that elections are not. They are not open to prohibited felon members of the public, foreign visitor members of the public, minor members of the public, et cetera.

Perhaps the premises for similar logic exist in VA statutes.

Having come from Wisconsin, the state that gave us Ed Gein, Senator McCarthy, Senator Feingold and Senator Proxmire....I really wouldn't put too much stock in their interpretations of legal matters outside their borders. After all, they were the last state to legalize margarine.

 

[peter nap]

To contact Ken Cuccinelli (VA Attorney General):

Office of the Attorney General
900 East Main Street
Richmond, VA 23219
(804) 786-2071

http://www.oag.state.va.us/Contact Us/contact_directory.html

va_tazdad I don't know all of your information or I'd be tempted to call myself, but here's the info in case you don't already know.

A call couldn't hurt Jmelvin and hopefully callers will record the conversation (They'll probably get Ken's media person who is full of it) but to get an opinion we need t go through our representative (House or Senate) and have them request an opinion.

 

[va_tazdad]

Email to Va AG

I showed up at Wagstaff in North Chesterfield today to vote and was greeted by a sign taped to the entrance that said open carry of firearms is prohibited except for law enforcement officers.

This was quite a surprise to me since I have carried for the last 4 elections.

I questioned the staff and they stated it was in the hand book. I asked to see where it said that and low and behold, nobody could find it.

I called the State Board of Elections (800-552-9745) and spoke to a member of their legal department who advised that under VA Code 24.2-607 open display of firearms was illegal except for law enforcement officers.

The board "determined" a few years ago that it was intimidating and therefore prohibited. They advised I could carry concealed but not open.

I just got off the phone with Lawrence Haake, III Registrar of Chesterfield. ((804-748-9745)

He stated that due to an incident in March 2012, the State Board of Elections on HIS recommendation has now prohibited open carry due to a person seeing a gun and being intimidated.

Mr. Haake advised that anything that can disrupt people voting can be prohibited, including cell phones. He also stated that concealed carry is legal because nobody knows you have a gun.

He stated that they are not trying to infringe on anyone's 2nd Amendment rights (which they did) but a polling place is not a "public location" and therefore they can prohibit anything that disrupts anyone voting.


I did nothing that violates 24.2-607, yet my 2nd Amendment rights were denied me by a "decision" of the Board of Elections.

Is this in fact legal and how can I find out where the "incident" occurred?

 

[MamabearCali]

my polling place is a High School so I am out of luck. No carry at all, not even concealed carry.

 

[papa bear]

than i think we should holler loud and holler frequently. if everybody on this board contacted every on that is responsible for this decision there will be results.

you know there was a time in this country that having a firearm was mandatory

 

[va_tazdad]

Many thanks

To contact Ken Cuccinelli (VA Attorney General):

Office of the Attorney General
900 East Main Street
Richmond, VA 23219
(804) 786-2071

http://www.oag.state.va.us/Contact Us/contact_directory.html

va_tazdad I don't know all of your information or I'd be tempted to call myself, but here's the info in case you don't already know.

Thanks. I did that.

 

[jmelvin]

I just called up the Office of the Attorney General told them I'd like to make a complaint about voters being turned away, apparently illegally. I was told to direct my concern to the State Board of Elections and the lady provided me with the phone number: 804-864-8901.

If this issue is arising from the SBoE, I'm not sure that contacting them will be of much use.

 

[jmelvin]

va_tazdad please forward the address of the voting location and your contact information to our member "ed" and "VCDL President". I have caught Ed's attention via Facebook and I think he's going to see what he can do as well.

 

[VApatriot]

. . . but to get an opinion we need t go through our representative (House or Senate) and have them request an opinion.

That worked out great for me when Ken was my State Senator and I wanted an opinion on OC in state parks. He seemed more than happy to request the AG at the time (Bob) for such an opinion. However, I feel that my current representatives, Marsden (Senate) and Filler-Corn (House), would be less accommodating. Who here has a good representative who would be willing to request a official opinion from the AG?