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

skidmark

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Jan 15, 2007
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Nope!
It really depends on the area I expect. In Chesterfield they'll probably charge you with a terrorism crime.

What makes you say that? Grapeshot and I made two Reserve Officers cry in their training academy and neither of us got even threatened with wearing stainless steel bracelets.

One recent incident is not enough to convince me CPD is ready to go full-blown crazy.

If you disagree, convince me why.

stay safe.
 

peter nap

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What makes you say that? Grapeshot and I made two Reserve Officers cry in their training academy and neither of us got even threatened with wearing stainless steel bracelets.

One recent incident is not enough to convince me CPD is ready to go full-blown crazy.

If you disagree, convince me why.

stay safe.

You two could make a preacher cuss. I'm talking about normal, more timid, people:lol: and the fact that the two dollar a year wonders challenged you at all is proof of their lack of training.

Let's see...how about the fellow jogging NEAR a school. That's a pretty good example of the attitude of Chesterfield PD. THe Cop's response when told it was not school property...."Close Enough".

But lets look at the track record of the other yuppy cop venues. Hanover would charge brandishing and Henrico would charge disorderly and or brandishing. (and maybe shoot your dog)

The difference between them is Chesterfield and Hanover have hanging judges while Henrico judges realize they have somewhat of a duty to follow the law.

I'd like to be there when the CPD got a man with a gun in a polling place call. It'd be more entertaining than the bombing of the MOVE Headquarters.
 
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Thundar

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Newport News, Virginia, USA
You reckon you can get 500 people off their duffs Thundar?

Grapeshot, Ed, Marco, TFred, Proshooter and....a few others have bothered to do anything so far.

Off their duffs is asking for alot, I know.

Clicking on a link and copy-pasting a complaint is something I hope would be possible.

There was a uniformed and armed Newport Police officer at my polling place for the Republican Gov. Primary. On Friday I made a formal intimidation complaint. It will be interesting to see what the State Board of Elections does with the formal complaint.

Live Free or Die,
Thundar
 

Thundar

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Did we ever figure out what we expect would happen if the police arrived for such a call?

TFred

There is no law or even a policy prohibiting firearms at a polling place. There is a policy to call 911.

What will the police officer do when he/she arrives? There is no law and there is no policy prohibiting firearms. The only way to arrest someone is to tresspass them. That would be a very risky move for the LEO, arresting a voter with a voter registration card at his/her polling place with the polls open for trespassing.

The argument that an openly carried firearm in a holster is intimidation would be extremely hard to prove since the SBE policy is to summon people who will be openly carrying holstered firearms to the polling place.
 

USNA69

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Norfolk, Virginia, USA
There is no law or even a policy prohibiting firearms at a polling place. There is a policy to call 911.

What will the police officer do when he/she arrives? There is no law and there is no policy prohibiting firearms. The only way to arrest someone is to tresspass them. That would be a very risky move for the LEO, arresting a voter with a voter registration card at his/her polling place with the polls open for trespassing.

The argument that an openly carried firearm in a holster is intimidation would be extremely hard to prove since the SBE policy is to summon people who will be openly carrying holstered firearms to the polling place.

I am not so worried about local LEOs.

It is the potential for a DOJ prosecution by Commissar Holder under the Voting Rights Act of 1965 that concerns me.

It means nothing that Holder chose not to prosecute the Philadelphia NBPP thugs in 2008.
 

KBCraig

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There was a uniformed and armed Newport Police officer at my polling place for the Republican Gov. Primary. On Friday I made a formal intimidation complaint.
Thank you!

That is exactly what I said should happen, and I'm glad someone had an opportunity to do it.
 

davidmcbeth

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

I was an election judge and I would not let police carry inside the polling area -- man, were they mad! But I said: hey, if a regular person's rights are being legally hindered, then so are yours ... disarm, or I'll have you arrested!
 

peter nap

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I was an election judge and I would not let police carry inside the polling area -- man, were they mad! But I said: hey, if a regular person's rights are being legally hindered, then so are yours ... disarm, or I'll have you arrested!

:lol:Up 20 points!:monkey
 

builtjeep

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Jul 13, 2008
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Location
South Chesterfield, VA
Has there been any update on this? I've OC'd the last two times I voted, my polling place is a church no less. I had no issues either time, but I don't know if this BS is going to be included in the poll workers training this time around. I doubt I'll have too much trouble since I'll be voting in a typically low turn out district pretty much as soon as they open, I'd likely be gone long before po-po could even show up, took less than 5 mins the last two times.
 

peter nap

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Has there been any update on this? I've OC'd the last two times I voted, my polling place is a church no less. I had no issues either time, but I don't know if this BS is going to be included in the poll workers training this time around. I doubt I'll have too much trouble since I'll be voting in a typically low turn out district pretty much as soon as they open, I'd likely be gone long before po-po could even show up, took less than 5 mins the last two times.

There are updates but Ed and Philip are the Official "Poll" Guru's for this site.
The other updates are going to be a surprise.:lol:
 

peter nap

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Surprise as in pleasant surprise, or as in me winding up cuffed and stuffed on Nov 6?

Sent from my DROID RAZR using Tapatalk 2

The official word from VCDL is it is not illegal to carry at the polls (assuming a non prohibited area).
The Surprise is for supposed pro gun members of the G.A. that decided it was better to play games than address the problem.

Like I said, Ed and Philip are the one's to ask. I don't have a crystal ball that tells which poll you'll get cuffed at.
 

TFred

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Just my own private thoughts on this, my polling area is a school.

If you decide to OC to vote, and they tell you that you have to leave, I think MY strategy would be to inform them that you are legally carrying a firearm, and that you intend to vote.

As we have learned here so many times before, make them tell you exactly what it is that they are demanding of you.

After you inform them that you will not be illegally disarmed, ask them if it is their intent to deprive you of your right to vote. Take a recorder. Get this on tape.

At this point you would have to decide how far you are willing to push it. If Virginia were not in play for this election, it would not be difficult to suggest that you obey their illegal demands, by which you would suffer the damage of having been denied the right to vote, and giving you standing for the resulting litigation. But this election is going to be so close, I can't in good conscience recommend that.

No question, it's a messy situation. It would be very nice if someone could resolve it before election day.

TFred
 

builtjeep

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South Chesterfield, VA
Fortunately, I vote in a district guaranteed to go blue, Petersburg. So being denied my vote will not likely have much impact on the election. I intend to take a voice recorder and stand my ground if needed, I just wanted to be sure that I was legally in the right.

Sent from my DROID RAZR using Tapatalk 2
 
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MAC702

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Fortunately, I vote in a district guaranteed to go blue, Petersburg. So being denied my vote will not likely have much impact on the election....

Does VA have its own electoral college where districts vote for the state's winner? I thought all states were straight popular votes for the state's choice, districts just being data points and organizational tools.

My polling place is a school. In my state, I have two choices to vote while armed. We can go to any polling place during early elections (most being at supermarkets), or we can vote by absentee ballot, my state not having any requirements necessary for absentee voting.

I have been following this thread from the beginning, and eagerly await the outcome of this issue for you guys.
 
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peter nap

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Does VA have its own electoral college where districts vote for the state's winner? I thought all states were straight popular votes for the state's choice, districts just being data points and organizational tools.

My polling place is a school. In my state, I have two choices to vote while armed. We can go to any polling place during early elections (most being at supermarkets), or we can vote by absentee ballot, my state not having any requirements necessary for absentee voting.

I have been following this thread from the beginning, and eagerly await the outcome of this issue for you guys.

We can vote absentee. It's loose enough you can can find a reason. That doesn't solve the original issue though....but then again, neither does whistling in the dark and the BOE hasn't changed their manual.

There has been considerable in house discussion and a few emails I haven't read yet. How the individual Registrars decide to respond to armed people is still a coin toss as far as I know.
 

MAC702

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Oh, I agree. Whether someone chooses to vote absentee is irrelevant. I'm solidly of the opinion that they cannot turn you away at the polls. I think it should be argued to the Supreme Court that this includes schools.

Being armed is a Constitutionally-protected right.
Voting is a Constitutionally-protected right.

Therefore laws against being armed in a school are null and void during the voting process. If they don't like it, they should find somewhere else to poll.
 
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