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The Range
Law & Order
Legal to carry in polling place?
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<blockquote data-quote="hrdware" data-source="post: 1999900" data-attributes="member: 24475"><p>I don't see where you got bashing out of my post, and I certainly didn't lump you in with any Anti-2A folk.</p><p></p><p>You made a comment about people being uncomfortable around firearms. So I said that since some people are uncomfortable around them we should do away with all our carry laws.</p><p></p><p>You see the issue as cut and dry. I, and others, do not. I called OSBI about this issue on election day and although OSBI can not give out legal advice, they were of the opinion that it would be legal to carry into a polling place that was on private property. They did recommend that I call the county election board and talk to them about it. Their phone was busy that day. Apparently Mr. Sisson called them as well as was given the same information, at least as far as their interpretation.</p><p></p><p>The SDA does not prohibit carrying a firearm at a government function. It prevents carry at owned or leased buildings or office space for doing business with the public. The key here is if a lease existed.</p><p></p><p>The SDA also prohibits carrying at a meeting of elected or appointed officials. I do not believe volunteers at a polling place fall under the legal definition of a public meeting.</p><p></p><p>I have looked in statute (and administrative rules) to try and determine if the election boards create leases with polling locations. I could not find anything about this. I did ask the pastor at my church and found out that our church does receive a nominal payment for allowing the election board to use our facility. </p><p></p><p>So while you may see this as a cut and dry issue, others do not. This could also go farther than just a polling place. </p><p></p><p>Lets take polling places out of it. How would a person know if the government had a lease with any private property owner to do any event. The city of Moore sponsors a downtown trick-or-treat night in downtown. Would it then be illegal to carry a firearm onto private property because there was a government function going on? What if the Mayor went to talk to the local Rotary club about civic matters, as part of his job function. Would this now be a prohibited place because the Mayor was doing business with the public? No lease exists, but it a a function of the government. While this case may seem cut and dry on the surface, the ruling on the case can have a greater reach than what may appear on the surface.</p></blockquote><p></p>
[QUOTE="hrdware, post: 1999900, member: 24475"] I don't see where you got bashing out of my post, and I certainly didn't lump you in with any Anti-2A folk. You made a comment about people being uncomfortable around firearms. So I said that since some people are uncomfortable around them we should do away with all our carry laws. You see the issue as cut and dry. I, and others, do not. I called OSBI about this issue on election day and although OSBI can not give out legal advice, they were of the opinion that it would be legal to carry into a polling place that was on private property. They did recommend that I call the county election board and talk to them about it. Their phone was busy that day. Apparently Mr. Sisson called them as well as was given the same information, at least as far as their interpretation. The SDA does not prohibit carrying a firearm at a government function. It prevents carry at owned or leased buildings or office space for doing business with the public. The key here is if a lease existed. The SDA also prohibits carrying at a meeting of elected or appointed officials. I do not believe volunteers at a polling place fall under the legal definition of a public meeting. I have looked in statute (and administrative rules) to try and determine if the election boards create leases with polling locations. I could not find anything about this. I did ask the pastor at my church and found out that our church does receive a nominal payment for allowing the election board to use our facility. So while you may see this as a cut and dry issue, others do not. This could also go farther than just a polling place. Lets take polling places out of it. How would a person know if the government had a lease with any private property owner to do any event. The city of Moore sponsors a downtown trick-or-treat night in downtown. Would it then be illegal to carry a firearm onto private property because there was a government function going on? What if the Mayor went to talk to the local Rotary club about civic matters, as part of his job function. Would this now be a prohibited place because the Mayor was doing business with the public? No lease exists, but it a a function of the government. While this case may seem cut and dry on the surface, the ruling on the case can have a greater reach than what may appear on the surface. [/QUOTE]
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