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

W

WhatTimeIsIt?

Regular Member
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Oct 24, 2007
Messages
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$
skidmark said:
One cannot "feel" intimidated. It is both grammatically and physically impossible as well as unpossible under law. Intimidation is an action that one person does towards another - not a feeling one has about or because of the presence (or absence) of an object or a person bearing an object.

If it were possible to "feel intimidated" then I say we all start filing complaints about any and all manner of things that make us "feel intimidated". I know that I "felt intimidated" when I saw that sign at my polling place, which is a school. Specifically, I "felt intimidated" into being forced to cast my ballot under the control of fools, simpletons, and idiots and that those persons were more likely than not to do something that would cause my vote to either not be recorded or recorded improperly. I demand my right to cast a ballot under the control of rational persons!

stay safe.
Click to expand...

Exactly. It's not about someone's irrational, baseless "feeling" of intimidation. It's about one person performing an action towards one or more other people that was intended to intimidate them and succeeds. All manor of things could make someone "feel" intimidated, but that's just something they have to get over, it's not even possible to prevent all "feelings" of intimidation.
 
V

va_tazdad

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peter nap said:
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.
Click to expand...

One of the things I like about this board is the wealth of knowledge displayed here. As you said, the AG is of no help to the citizens. This is the reply I received.

Dear XXXXXXX:

Thank you for contacting the office of Attorney General Kenneth Cuccinelli with your request for information regarding open carry in polling places. We appreciate your taking the time to share your concerns on this important matter.

For future reference please be advised that this office functions as the law firm for the Commonwealth. Our clients are the Virginia state government and the state agencies, boards and commissions. Due to statutory restrictions, conflict of interest rules and other policy considerations, we are unable to render private legal advice, answer legal questions or otherwise assist private citizens in legal matters.

Having said this and after reviewing your letter, we suggest that you contact the State Board of Elections regarding this question. Their contact information is www.sbe.virginia.gov or 804-864-8901.

Again, thank you for contacting the office of the Attorney General and if we can be of assistance to you in the future, please do not hesitate to call on us.



Sincerely,

Eva A. Stuart

Constituent Services Administrator

Office of the Attorney General
 
peter nap

peter nap

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va_tazdad said:
One of the things I like about this board is the wealth of knowledge displayed here. As you said, the AG is of no help to the citizens. This is the reply I received.

Dear XXXXXXX:

Thank you for contacting the office of Attorney General Kenneth Cuccinelli with your request for information regarding open carry in polling places. We appreciate your taking the time to share your concerns on this important matter.

For future reference please be advised that this office functions as the law firm for the Commonwealth. Our clients are the Virginia state government and the state agencies, boards and commissions. Due to statutory restrictions, conflict of interest rules and other policy considerations, we are unable to render private legal advice, answer legal questions or otherwise assist private citizens in legal matters.

Having said this and after reviewing your letter, we suggest that you contact the State Board of Elections regarding this question. Their contact information is www.sbe.virginia.gov or 804-864-8901.

Again, thank you for contacting the office of the Attorney General and if we can be of assistance to you in the future, please do not hesitate to call on us.



Sincerely,

Eva A. Stuart

Constituent Services Administrator

Office of the Attorney General
Click to expand...
=


I think Ed is doing something on this Taz and I've brought it to the attention of one of my Legislators I use for AG contact. I filed an FOIA and sent a copy to a second member of the Board with instructions to make sure it got to the proper person.

After I get a response I'll bring Grapeshot in on it so VCDL and I don't duplicate efforts and if necessary, request the opinion.

Grapeshot is amazingly effective in getting to the bottom of things on his own, he just doesn't toot his own horn as loudly as some.

Another member here contacted me recently about doing some lobby work and this may be a good learning experience so we may have a lot of manpower involved.
 
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C

cyras21

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Joined
Apr 5, 2007
Messages
152
Location
Stepehens City, VA
va_tazdad said:
One of the things I like about this board is the wealth of knowledge displayed here. As you said, the AG is of no help to the citizens. This is the reply I received.

Dear XXXXXXX:

Thank you for contacting the office of Attorney General Kenneth Cuccinelli with your request for information regarding open carry in polling places. We appreciate your taking the time to share your concerns on this important matter.

For future reference please be advised that this office functions as the law firm for the Commonwealth. Our clients are the Virginia state government and the state agencies, boards and commissions. Due to statutory restrictions, conflict of interest rules and other policy considerations, we are unable to render private legal advice, answer legal questions or otherwise assist private citizens in legal matters.

Having said this and after reviewing your letter, we suggest that you contact the State Board of Elections regarding this question. Their contact information is www.sbe.virginia.gov or 804-864-8901.

Again, thank you for contacting the office of the Attorney General and if we can be of assistance to you in the future, please do not hesitate to call on us.



Sincerely,

Eva A. Stuart

Constituent Services Administrator

Office of the Attorney General
Click to expand...


§ 2.2-505. Official opinions of Attorney General.

A. The Attorney General shall give his advice and render official advisory opinions in writing only when requested in writing so to do by one of the following: the Governor; a member of the General Assembly; a judge of a court of record or a judge of a court not of record; the State Corporation Commission; an attorney for the Commonwealth; a county, city or town attorney in those localities in which such office has been created; a clerk of a court of record; a city or county sheriff; a city or county treasurer or similar officer; a commissioner of the revenue or similar officer; a chairman or secretary of an electoral board; or the head of a state department, division, bureau, institution or board.

B. Except in cases where an opinion is requested by the Governor or a member of the General Assembly, the Attorney General shall have no authority to render an official opinion unless the question dealt with is directly related to the discharge of the duties of the official requesting the opinion. Any opinion request to the Attorney General by an attorney for the Commonwealth or county, city or town attorney shall itself be in the form of an opinion embodying a precise statement of all facts together with such attorney's legal conclusions.
 
peter nap

peter nap

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As long as this is btt, I still haven't heard from my FOIA. Tomorrow is the deadline. I have to run an errand for a fellow member here and if I get time, I'll call them.
 
J

johnfenter

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FOIA is worth protecting

Peter, I know you won't let up; FOIA is a very important tool in our battles. I know. Fenter v. Norfolk Airport Authority, VA Supreme Court. Always go for legal fees....make them pay.
 
peter nap

peter nap

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TFred said:
Maybe they're under some impression that they have extra time when they have to make up the policy before they send it to you?

;)

TFred
Click to expand...

No, I think they figured I was a bad person to play games with. Somebody stayed up late to respond.

Look for some changes on the Town Hall 7/2/12.
 
Grapeshot

Grapeshot

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peter nap said:
No, I think they figured I was a bad person to play games with. Somebody stayed up late to respond.

Look for some changes on the Town Hall 7/2/12.
Click to expand...

That's because you carry that EBC w/o a flash suppressor in an at ready position. :D

k2466984.jpg
 
Grapeshot

Grapeshot

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half_life1052 said:
So what's so bad about an EBC? What if a fella was carrying the sniper version? You know, the one in the 200-600mm range? :rolleyes:
Click to expand...

That is what Peter uses for a view finder on his LRR version - think he can read 8 pt font at a thousand yards. :p
 
ProShooter

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peter nap said:
Here is the filing for today, that pertains to weapons.
I have to reread the old rules but it looks like what this is saying is....If he has a CHP he has to cover it, if not report it, don't get involved.

Very loose if you ask me.

http://townhall.virginia.gov/L/GetFile.cfm?File=E:\townhall\docroot\GuidanceDocs\132\GDoc_SBE_4326_v3.pdf
Click to expand...

Now, I really wish that they used what I wrote for them.

When the local election official tries to tell you that you must cover your concealed firearm, he is in violation of 15.2-915.

then again, who goes around displaying their CHP?????

dumb
 
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peter nap

peter nap

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ProShooter said:
Now, I really wish that they used what I wrote for them.

When the local election official tries to tell you that you must cover your concealed firearm, he is in violation of 15.2-915.
Click to expand...

I agree Jim, but they're also saying to report it with no CHP. I feel like Jim Crow.

NOW it's time to see if I can get an AG opinion
 
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