Posted on 10/28/2010 9:51:46 AM PDT by oldtimer2
Proposal to ban guns at polls withdrawn
P.J.Reilly
Lancaster County voters will not be barred from packing heat at the 235 local polling places during the general election next week.
Mary Stehman, chief clerk of the county's Board of Elections, on Wednesday withdrew a resolution she had proposed to the county commissioners Tuesday, which would have banned the possession of firearms at county polling sites.
Stehman said she withdrew the resolution after reviewing state gun laws, which prevent municipal governments from regulating when and where guns can be carried.
"I am absolutely certain if this resolution would have been passed there would have been some sort of challenge," Commissioner Craig Lehman said.
Stehman got the idea for the resolution from a letter sent by the Department of State last month to all 67 Pennsylvania counties which stated individual counties interested in banning guns at polling places could do so on their own.
" … if a county wishes to prohibit firearms in the polling place, the county Board of Elections should pass a resolution clarifying this matter," the letter states.
It then lists several sections of the Pennsylvania Elections Code that could be cited to justify such resolutions.
But Lehman said state and federal law are pretty clear that counties can't legislate gun possession.
"I would hope the Department of State would have provided the legal justification for its direction, but it clearly doesn't address the Uniform Firearms Act at all," he said.
The act is a set of Pennsylvania statutes that spells out a citizen's right to keep and bear arms in the state.
State Rep. Bryan Cutler, an avid hunter and gun owner, said he's annoyed the Department of State sent out such letters to Pennsylvania counties.
He said he spoke with department officials Wednesday, who agreed counties cannot pass resolutions banning the possession of firearms.
And Cutler is planning to request the department send another letter to all 67 counties explaining that fact.
"A letter of recision clearly is in order here," he said.
preilly@lnpnews.com
Read more: http://articles.lancasteronline.com/local/4/305413#ixzz13fimsoIF
I thought firearms were prohibited from polling places by way of Federal law. Is that not the case?
I haven’t seen such a law. If there is one, please cite.
No, but a lot of states ban it.
I think this is State law. In Texas carrying at a polling place is verboten unless you are a LEO.
Many voting places around here (large city in NC) are schools which makes it a moot point anyway...
Florida law prohibits carrying in a polling place:
790.06
(12) No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any place of nuisance as defined in s. 823.05; any police, sheriff, or highway patrol station; any detention facility, prison, or jail; any courthouse; any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom; any polling place; any meeting of the governing body of a county, public school district, municipality, or special district; any meeting of the Legislature or a committee thereof; any school, college, or professional athletic event not related to firearms; any school administration building; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose; any elementary or secondary school facility; any career center; any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or any place where the carrying of firearms is prohibited by federal law. Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 1
If guns were not prohibited where those two dudes stood with what appeared to be clubs, I think that they would not show up to threaten anyone. Even if they had handguns, someone eles would show up with an AK-47. I know I would.
Your previous posting said Federal law. I said that I did not know of a Federal law. This took place in Pa and I don’t think we have such a law
I knew FL law prohibited it, but I wasn't sure about Fed. No big deal, minor misunderstanding. I just didn't want anyone to think I was stating fact. I was looking to be informed, that's all.
No harm, no foul
No!
I’ll be carrying on Tuesday....not sure whether to OC or CC.
ping
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