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Thread: Open carry to the polls
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September 1st, 2020, 11:49 AM #1Active Member
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Greensburg,
Pennsylvania
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Open carry to the polls
I have a general question. My polling place is in a church. In the basement. Is it legal to carry either open or concealed (I have my license) to go vote there?
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September 1st, 2020, 11:58 AM #2
Re: Open carry to the polls
In PA; Churches are not gun-free zones. So being in a church is irrelevant.
What is relevant is:
A) Do the people and constable manning the polls known the law ?
B) Is the church part of a school ?
And even being a school may be irrelevant when used as a poll location.
IF I recall correctly. We've had members who've voted, while open carrying, at polling locations that were on school property.
And they did not get arrested or hassled by the attending constable.
My .02 of not being a lawyer.
I'm sure others will chime in.--ET
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September 2nd, 2020, 03:40 PM #3Member
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Altoona,
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Re: Open carry to the polls
If the poll workers don't know the law, then that is a bigger issue.
- A poll worker who knows the law (and open carries at the polls)
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September 2nd, 2020, 05:38 PM #4
Re: Open carry to the polls
...or next to a school and made the newspaper with no repercussions...
There has been some excellent ground work laid by GunLawyer and others here at the PA SC, which basically allows anyone who's got a LTCF to carry for a 'lawful purpose', including self defense, on school property.
As noted above, read up on the laws and court decisions in case there's a poll worker who doesn't know the law. As proven before, many police will hook you up and let the courts sort it out, and that will cost you!Resistance to tyrants is obedience to God.
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September 2nd, 2020, 06:40 PM #5
Re: Open carry to the polls
Last edited by gnbrotz; September 3rd, 2020 at 06:56 PM.
Get your "Guns Save Lives" stickers today! PM for more info.
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September 2nd, 2020, 06:52 PM #6Grand Member
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Richboro,
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Re: Open carry to the polls
If it is a church just carry concealed and you should not have a problem. Open carry should also be legal and OK but unless you feel the need to make a statement and potentially run into a hassle you should ask yourself why.......
And yes I know about saying Constitution MFer. Just pick your battles wisely.
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September 2nd, 2020, 08:38 PM #7
Re: Open carry to the polls
You are correct, but the LTCF has everything to do with avoiding federal prosecution for weapons within 1000 feet of a school:
[18 U.S.C. § 922(q)(2)(A)] (AKA Gun Free School Zone) does not apply to the possession of a firearm*
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;Resistance to tyrants is obedience to God.
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September 2nd, 2020, 08:43 PM #8
Re: Open carry to the polls
They call it "concealed" carry for a reason. I never cease to be amazed at the questions I see about "concealed" carry.
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September 2nd, 2020, 08:48 PM #9Active Member
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Blue Mountain
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September 2nd, 2020, 08:49 PM #10
Re: Open carry to the polls
Local branch of QDMA had a seminar I organized on a Saturday in a high school multipurpose room. One speaker insisted on police presence (long story there). Two local Leo were assigned at our expense. The speaker thanked them for coming and showed he was carrying concealed. They just shrugged followed by an eye roll when the guy turned around didn't even ask to see his LTCF.
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