My polling place changed from a school to a nursing home. Is it legal to carry while voting, as long as its not a prohibited place? I didn't see anything regarding polling places in the list of prohibited areas, other than if its a school or something like that.
I believe it's still a no-no, http://kfor.com/2012/11/21/okc-man-arrested-for-carrying-firearm-while-voting/
I don't think the law has changed anything in the last two years that says you can vote while carrying doesn't matter if it's a school or not.
But concealed is concealed, I wouldn't recommend it but that is up to you.
I don't think the law has changed anything in the last two years that says you can vote while carrying doesn't matter if it's a school or not.
But concealed is concealed, I wouldn't recommend it but that is up to you.
The article did not say what charges the man was facing, it may have been trespassing since he was told to leave.
On the other hand, this section of the SDA law would make me think twice about carrying while voting:
TITLE 21 § 1277 UNLAWFUL CARRY IN CERTAIN PLACES
A. It shall be unlawful for any person in possession of a valid handgun license issued pursuant to the provisions of
the Oklahoma Self-Defense Act to carry any concealed or unconcealed handgun into any of the following
places:
1. Any structure, building, or office space which is owned or leased by a city, town, county, state, or federal
governmental authority for the purpose of conducting business with the public;
This. What happens is that the election board pays an amount for use of the facility. Thus the area where the voting happens has been leased by the election board and carrying would violate this provision of the SDA.
My only issue with that is this: How do you know, on any given day, whether an otherwise private building has been leased by a government agency? I know, I know, we're talking about election day here, and it's obvious that the election board is using the building. What about a local festival, where a private building has been leased to house the buffet line or some other thing? I'm just saying that I think we have a spirit vs the letter issue here. I believe that this was intended to cover actual offices of government where they do business with the public on a permanent or long-term (i.e. a lease) basis, not a temporary circumstance such as a polling place where it's a one-day gig. That's just me and how I read it, though.
I agree with what you are saying, unfortunately the election board, the lawyers and most importantly, the judge didn't see it that way.
I emailed the Tulsa board after this. They lease the polling place for a day, so it's a government office for that day. Can't reproduce the email, but I bet if you find the thread that discussed that moron, I might have posted it there.
Do you have a case where a Judge declared...as such?
Here is a link to the initial filing, http://www.oscn.net/applications/os...=caseGeneral&casemasterID=2933800&db=Oklahoma If I remember correctly, he made a made a guilty plea for a reduced sentence, and it appears it is now no longer part of record, at least not on OSCN. Since it was a guilty plea, there was no "judgement" since it never went to a trial.
