no carry zones

[mark]

from the book by

John Mactinger

Polling Places:

You cannot have a gun at a polling place (a place
where people go to vote in government elections), or in the immediate
vicinity of a polling place. Violation is a felony
including imprisonment or a fine of $10,000, or both.

This law does not apply to:
Persons who have written authorization to have a gun at
a polling place from the appropriate city or county elections offical.

Certain private guards and peace officers.

This law does apply to persons who have a icense to carry a gun (CCW license).

from page 77 2008 edition

[Mad Geek]

Thanks Mark.

While this isn't THE LAW, it's smart reccomendations on HOW TO OWN A GUN & STAY OUT OF JAIL, based on current law.

Those that aren't familiar with this publication, it might not be a bad idea to buy a copy and read it.

[spc]

Originally Posted by Mad Geek

Interpretation done wrong is something that can get you permit pulled if you interpret incorrectly and it's discovered, or at least mess up your day.

My interpretation is that you are not allowed to CCW in a polling place. I'm not a fan of "If the law doesn't specifically address CCW in a polling place, you're GTG." When I know I'm going to enter our Community Center to vote, I plan to disarm and legally store my carry piece before going inside. If that means I park at the far end of the parking lot where I have more privacy to do so, that works. I worry less about an accidental discharge when I can manipulate the pistol the way I'm used to without a casual observer getting nervous. My overall preference is to avoid places that I am restricted by law to carry. That's why I am registered as a permanent absentee voter. A vote from the comfort of my home counts just as well as going somewhere they have restricted my ability to carry.

I wouldn't recommend that ANYONE test the law by doing something that they can't find a clear-cut answer for just because someone else does it and thinks they understand the law. Not to say that mjones interpretation is right or wrong, but it's just that, his interpretation. I've hear an interpretation of this from others on this forum whose opinions I value because of who they are and I know their background.

Like has been stated before, in this thread as well as other threads on this forum, err on the side of caution and your outcome will likely be better as an end result.

I too use the convenience of the Absentee Ballot. The general election occurs in November (snow season) and I am never assured that mother nature will not provide an over abundance of work for me on election day, therefore the permanent absentee ballot. I had not thought about the absentee ballot relieving me of the necessity of disarming to vote, just another benefit.

spc

[derringer]

Originally Posted by mjones

My interpretation is that it only applies to people 'stationed' at a polling place without explicit permission. The general tenor of the statutes seem to be to prevent using arms as a means of intimidation near a polling place.

However, I'll be the first to say that this is not a purely black and white issue. The statute is relatively clear, but I've never found anything from the AG, nor the courts.

I've always, and will continue, to carry concealed at my polling place (except the time I actually worked a polling place)

I carefully reread the posted section and see what you mean now. Interesting. Thankyou.

[EM2]

Perhaps here is an example why this law should be changed to allow CCW by law abiding individuals into a polling place.

YouTube - "Security" patrols stationed at polling places in Philly
YouTube - BLACK PANTHERS ATTACK VOTERS IN PHILLY VOTING PLACE

[co425]

So is it or is it not illegal to ccw at a poling place?

[mark]

from the California Election Code

basically the same as

I posted above, but section numbers

do not match

Chapter 6

sec 18544. (a) Any person in possession of a firearm or any uniformed peace officer, private guard, or security personnel or any person who is wearing a uniform of a peace officer, guard, or security personnel, who is stationed in the immediate vicinity of, or posted
at, a polling place without written authorization of the appropriate city or county elections official is punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the state prison for 16 months or two or three years or in a county jail not exceeding one year, or by both the fine and imprisonment.
(b) This section shall not apply to any of the following:
(1) An unarmed uniformed guard or security personnel who is at the polling place to cast his or her vote.
(2) A peace officer who is conducting official business in the course of his or her public employment or who is at the polling place to cast his or her vote.
(3) A private guard or security personnel hired or
arranged for by a city or county elections official.
(4) A private guard or security personnel hired or arranged for by the owner or manager of the facility or property in which the polling place is located if the guard or security personnel is not hired or arranged solely for the day on which an election is held


I refuse to be a test case

[Mad Geek]

Originally Posted by EM2

Perhaps here is an example why this law should be changed to allow CCW by law abiding individuals into a polling place.

YouTube - "Security" patrols stationed at polling places in Philly
YouTube - BLACK PANTHERS ATTACK VOTERS IN PHILLY VOTING PLACE

Originally Posted by co425

So is it or is it not illegal to ccw at a poling place?

NO! Not legal and not smart to do.

[derringer]

Originally Posted by mark

from the California Election Code
Chapter 6

sec 18544. (a) Any person in possession of a firearm........who is stationed in the immediate vicinity of, or posted
at, a polling place without written authorization of the appropriate city or county elections official is punishable by a fine not exceeding ten thousand dollars ($10,000),........

This is what is confusing. When one walks into the polls, votes, then walks out, he is neither stationed nor posted there. I'm sure the intent of the law is to make a show of weapons for the purpose of intimidation a chargeable offense. I doubt the author meant to prohibit a person from simply carrying concealed while going about his business of voting.

However, I will disarm just to be sure since the burden of proof would be on me to show I was not "stationing" or "posting" myself at the polling place. The wording should be redone so there is no doubt.

[mark]

I agree, if laws were sensible

we wouldnt need laywers

[paul0660]

I don't find this unambiguous. You cannot carry at polling places or when on a picket line which is part of a work action.........otherwise, you can carry IF A PROHIBITION IS NOT POSTED.

[Truckoholic]

Originally Posted by mark

I agree, if laws were sensible

we wouldnt need laywers

We need lawyers------- That's like saying I need a swift kick to the balls!

[mark]

pool player are ya?

[a469ret]

Not complying with a posted sign in a courthouse or other building prohibiting the carrying of weapons, for your convenience, is a good way to lose your CCW privilege.

[neuron]

When you go to vote, do not carry ANY weapons into the polling place. This is AMERICA. I don't want ANY weapons, concealed or openly displayed, where I go to exercise my right to vote.