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

Yesterday I was accosted by the chief officer of election at my polling place. She accused me of breaking the law, claiming that it's illegal to possess any weapon in any place of election. I asked about the source of that purported prohibition. Her story changed several times, but eventually she pointed to §24.2-607.

I've heard that eternal vigilance is the price of liberty. This is a living example; just when it seems the issue is resolved, it comes back yet again.

I'll be making some inquiries in the near future.

Tosta Dojen said:

Yesterday I was accosted by the chief officer of election at my polling place. She accused me of breaking the law, claiming that it's illegal to possess any weapon in any place of election. I asked about the source of that purported prohibition. Her story changed several times, but eventually she pointed to §24.2-607.

I've heard that eternal vigilance is the price of liberty. This is a living example; just when it seems the issue is resolved, it comes back yet again.

I'll be making some inquiries in the near future.

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Presume the polling place is not within the bowels of a school whereby one must transgress the school hallways to get to the place of voting.

IMO - §24.2-607 does not apply. Disclaimer: I am not an attorney. I too am seeking a more definitive answer.

Tosta Dojen said:

Yesterday I was accosted by the chief officer of election at my polling place. She accused me of breaking the law, claiming that it's illegal to possess any weapon in any place of election. I asked about the source of that purported prohibition. Her story changed several times, but eventually she pointed to §24.2-607.

I've heard that eternal vigilance is the price of liberty. This is a living example; just when it seems the issue is resolved, it comes back yet again.

I'll be making some inquiries in the near future.

Click to expand...

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

I declare shenanigans. Does not prohibit weapons. Calmly doing a lawful act is not creating a disturbance nor actively intimidating anyone!

Wolf_shadow said:

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

I declare shenanigans. Does not prohibit weapons. Calmly doing a lawful act is not creating a disturbance nor actively intimidating anyone!

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I would think that accusing one abiding by the law of unlawful actions falsely by the ELECTION OFFICIAL would be an example of intimidation of a voter and a disturbance of an election!

JoeSparky said:

I would think that accusing one abiding by the law of unlawful actions falsely by the ELECTION OFFICIAL would be an example of intimidation of a voter and a disturbance of an election!

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+1

Sent from my SAMSUNG-SM-G890A using Tapatalk

Wolf_shadow said:

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

I declare shenanigans. Does not prohibit weapons. Calmly doing a lawful act is not creating a disturbance nor actively intimidating anyone!

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PVC, the VCDL prez, has said that this, "Doesn't apply as I read it." I concur.

Grapeshot said:

Presume the polling place is not within the bowels of a school whereby one must transgress the school hallways to get to the place of voting.

IMO - §24.2-607 does not apply. Disclaimer: I am not an attorney. I too am seeking a more definitive answer.

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Allow me to provide a more definitive answer: absent other behavior involving a firearm, carrying in a polling place is not unlawful unless the polling place is a "gun free zone" such as a school. I've thought from time to time that it would be fun to be represent someone who had been turned away and prohibited from exercising his franchise because of carrying in the polling place.

user said:

Allow me to provide a more definitive answer: absent other behavior involving a firearm, carrying in a polling place is not unlawful unless the polling place is a "gun free zone" such as a school. I've thought from time to time that it would be fun to be represent someone who had been turned away and prohibited from exercising his franchise because of carrying in the polling place.

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I OC an empty holster routinely in a GFZ polling place - so far no official has swallowed the treble hook.

FYI, here's the text of the code.

TFred


§ 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.

Ha. I think this is one of the cases where THIS applies!

TFred

TFred said:

Ha. I think this is one of the cases where THIS applies!

TFred

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now that puts the situation into perspective...

thanks for sharing

ipse

TFred said:

Ha. I think this is one of the cases where THIS applies!

TFred

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I have my doubts about the ammunition numbers, that's 60,000 rounds per firearm, which seems extremely high to me...

Roscoe

roscoe13 said:

I have my doubts about the ammunition numbers, that's 60,000 rounds per firearm, which seems extremely high to me...

Roscoe

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Numbers prolly taken from an anti site/cite.

roscoe13 said:

I have my doubts about the ammunition numbers, that's 60,000 rounds per firearm, which seems extremely high to me...

Roscoe

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Perhaps... so if you reduce it to a much more reasonable 600 rounds (down from 60,000), that still adds up to 120 BILLION rounds of ammo.

I think the point of the graphic is undiminished.

TFred

ETA: And by the way, I've heard estimates of total firearms more often up in the 300 million range, which if you use the same 600 rounds, works out to 180 billion.

Makes one feel so lacking - must catch up.

vt800c said:

§ 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)

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I don't see a carry issue under this statue. We have a similar one and I get po po contact every election day I am out at the polls (almost every election). They get surprised when I tell them to take a hike when I am exercising my first amendment rights. I have not seen any law that limits 1st amendment speech beyond talking about folks on the ballot.

Yeah, candidates hate me on election day...camera in their face hounding them like a dog. When they leave (and they always leave when I shove a camera in their face) ... I continue on with my polling place 1st amendment activities.

roscoe13 said:

I have my doubts about the ammunition numbers, that's 60,000 rounds per firearm, which seems extremely high to me...

Roscoe

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Got to remember there are those that can and do compensate for the short comings of others.
But, yeah agreed 60,000 rds per firearm is a lot.
However, the sentiment of the msg is more important than the numbers.


Oh yeah, I OC at my local polling location since it is no longer a k-12 school.

Shoot me an address. I will put your name and address on a stack and you will be right up to standard. Just like if you had a pile of gold in Ft. Knox.

But understand it will diminish my reserves by about 10% so we both have to be careful and Ma Deuce might go hungry for a couple weeks.

Nemo

Va_Nemo said:

Shoot me an address. I will put your name and address on a stack and you will be right up to standard. Just like if you had a pile of gold in Ft. Knox.

But understand it will diminish my reserves by about 10% so we both have to be careful and Ma Deuce might go hungry for a couple weeks.

Nemo

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Ma Deuce is always hungry.

Tosta Dojen said:

Yesterday I was accosted by the chief officer of election at my polling place. She accused me of breaking the law, claiming that it's illegal to possess any weapon in any place of election. [...] I'll be making some inquiries in the near future.

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6:50pm Voter was noticed to be displaying a handgun. As he was casting his ballot, Cheif was notified and decided to address voter outside of precinct, away from other voter w/ child. Chief approached voter in a non-confrontational manner and stated that it would be best if the firearm was not brought in next time. Voter challenged this and asked "on who's authority". Voter was informed weapons were not allowed on the authority of the registrar + the code of VA and was directed to the "prohibited activities" poster, which did not list firearms. Chief then returned inside to contact Registrar, and was advised that weapons were banned according to church + school policy. Chief spoke w/ church staff who was unaware of exact church policy. Chief conveyed this to voter who again asked to see a specific law regarding weapons in polling locations. Voter was directed to code section 24.2-606 and 24.2-607 which upon review are not aplicable. After further discussion, voter asked for a definitive answer regarding weapons at Calvary Baptist Church

Church Staff, when asked for a definitive answer responded, "No, not tonight." This was conveyed to voter, who requested names of Chief and church Staff. Upon further investigation, CBC does not have a weapons policy, but will consider creating one, as per church staff onsite.