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<blockquote data-quote="Ethan N" data-source="post: 2155505" data-attributes="member: 29267"><p>Yes and no.</p><p></p><p>You're right that I wouldn't recommend anyone test this again. It was indescribably costly for me in terms of the anxiety and uncertainty of the situation. If I had ever thought that I would have been arrested you could never have convinced me to carry into a polling place. In the end, it is very likely illegal, and it is incumbent on us as lawful citizens to honor the law.</p><p></p><p>However, whether the simple act of carrying a firearm into a polling place is a violation of 21 O.S. 1277 still has not been tested in court. Since my case didn't go to trial, there is no case law. The facts of my case were never argued in court, so a summary of my case is that charges were filed and I accepted a plea bargain. I screwed up bad enough that, had I even wanted to go to trial (didn't), my case would have been a poor test case and I almost definitely would have been convicted.</p><p></p><p>That doesn't mean someone else couldn't come along and test it, go to trial, and win. I still think that even in the most favorable circumstances they would lose because the law is vague enough to fit polling places in. It's such a small issue, though. If someone disagrees with it, it would be better for them to try to change it legislatively, not judicially.</p><p></p><p>Ultimately, I think the correct course of action is to act as if 1277 expressly lists polling places from now on.</p></blockquote><p></p>
[QUOTE="Ethan N, post: 2155505, member: 29267"] Yes and no. You're right that I wouldn't recommend anyone test this again. It was indescribably costly for me in terms of the anxiety and uncertainty of the situation. If I had ever thought that I would have been arrested you could never have convinced me to carry into a polling place. In the end, it is very likely illegal, and it is incumbent on us as lawful citizens to honor the law. However, whether the simple act of carrying a firearm into a polling place is a violation of 21 O.S. 1277 still has not been tested in court. Since my case didn't go to trial, there is no case law. The facts of my case were never argued in court, so a summary of my case is that charges were filed and I accepted a plea bargain. I screwed up bad enough that, had I even wanted to go to trial (didn't), my case would have been a poor test case and I almost definitely would have been convicted. That doesn't mean someone else couldn't come along and test it, go to trial, and win. I still think that even in the most favorable circumstances they would lose because the law is vague enough to fit polling places in. It's such a small issue, though. If someone disagrees with it, it would be better for them to try to change it legislatively, not judicially. Ultimately, I think the correct course of action is to act as if 1277 expressly lists polling places from now on. [/QUOTE]
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