On duty LEO refused entry to vote due to being armed

This is a discussion on On duty LEO refused entry to vote due to being armed within the General Firearm Discussion forums, part of the Related Topics category; http://www.boston.com/news/local/mai..._carrying_gun/ You can't make stuff like this up. I wonder if he had refused to leave, would they have called 911 and asked for responding ...

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Thread: On duty LEO refused entry to vote due to being armed

  1. #1
    VIP Member Array paramedic70002's Avatar
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    On duty LEO refused entry to vote due to being armed

    http://www.boston.com/news/local/mai..._carrying_gun/

    You can't make stuff like this up. I wonder if he had refused to leave, would they have called 911 and asked for responding LEOs to disarm before coming in.

    I think Mr. Mallar, the vote warden, needs looser skivvies.
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    VIP Member Array Guantes's Avatar
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    That was unbelievable! I might be wrong, but I think that Wayne Mallar is a moron
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    I guess it all comes down to what the voting law in Mass actually says on the matter, and also what the law allows LEOs that it doesn't allow the rest of us. Probably, there is a conflict between what it says in one section of the code and what it says in a different section.

    Before I call the official names, I'd at least want to know what the rules really are. There might actually not be wiggle room. There are lots of laws that make no sense.

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    VIP Member Array Guantes's Avatar
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    According to the "Maine" AG, there is no state law prohibiting LE from carrying while voting.

    ETA: Very few non carry laws apply to on duty uniformed LE.
    "I do what I do." Cpl 'coach' Bowden, "Southern Comfort".

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    I have been in situations before where voting wardens have made statements that turned out not to be true. It might have been better if the LEO had arrested the warden on the grounds that he failed to obey a direct order of a LEO, then cuffed him, threw him in the back seat of his cruiser and then voted. I have found wardens to be poorly trained and in many cases old and infirm. Many are political hacks and wanabees or given warden jobs by precinct captains as political payoffs.

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    I wonder which route the police will take if Mr. Mallar calls 911 for assistance at his home...though Florida?
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    Well, he does have a point. If there were open carriers at every polling station, none of the gun-scared people would dare approach to vote.....................

    Wait a minute, hey, I've got an idea!
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    On duty LEO refused entry to vote due to being armed
    A Bangor police officer says he wasn't allowed to cast his ballot when an election warden refused to let him vote while wearing his service revolver.
    Some temporarily-elected idiots take their power trips way, way too far. Which is why I wish the basic statutes in every state had serious, severe "teeth" when it comes to gross malfeasance, negligence or abuses. This sort of thing is, essentially, denying a major part of every citizen's rights with citizenship.


    Quote Originally Posted by dsee11789 View Post
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    Our specific culture has gotten very good at numbing the senses, initiative, drive and intelligence of the bulk of our people, many of whom are far more interested in who's dancing with whom instead of correcting the list and the course of the tilting, off-course ship we're driving. It's frustrating, when you know that in many people there simply isn't any "there" there, any longer.
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    Quote Originally Posted by Guantes View Post
    According to the "Maine" AG, there is no state law prohibiting LE from carrying while voting.

    ETA: Very few non carry laws apply to on duty uniformed LE.
    Indeed, but there certainly could be conflicts in the law. That is, the voting law clearly might state no guns in the polling place. The law for LEO carriage might not specifically cover the given situation as an exemption. Without knowing the exact words of the relevant laws, we can only guess if the folks running the polling station acted properly. It may well be one thing for an officer to enter a polling place armed to enforce the law, and another to enter armed for the purpose of voting.

    And, uh, is the LEO actually allowed to vote while on duty? I know my employer, Uncle, did not give time off for voting. We'd always get a memo directing us to vote outside work hours or clock out and use annual leave.

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    VIP Member Array Guantes's Avatar
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    Quote Originally Posted by Hopyard View Post
    Indeed, but there certainly could be conflicts in the law. That is, the voting law clearly might state no guns in the polling place. The law for LEO carriage might not specifically cover the given situation as an exemption. Without knowing the exact words of the relevant laws, we can only guess if the folks running the polling station acted properly. It may well be one thing for an officer to enter a polling place armed to enforce the law, and another to enter armed for the purpose of voting.

    And, uh, is the LEO actually allowed to vote while on duty? I know my employer, Uncle, did not give time off for voting. We'd always get a memo directing us to vote outside work hours or clock out and use annual leave.
    I am aware of no federal law prohibiting firearms in polling places, but am open to enlightenment. Some states have such laws others do not. I have never heard of any that would apply to on duty LE officers. Entering the polling place while on duty to vote, in no way changes his status as an on duty LE officer performing his duties. No different than going in someplace to eat or drop off his cleaning, he is still on duty and performing his duties.

    There may be some departments who specificlly prohibit voting while on duty, but I suspect not with most departments if you clear it with the desk prior.

    Again, I am open to enlightenment on any of the foregoing.
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    I believe Mr Mallar was misinterpreting and/or over-emphasizing his authority. WHAT SAFETY ISSUE IS HE REFERRING TO? I guess in the next election Mr Mallar will close down the nearby streets in fear of a runaway car crashing into people while they vote?

    From the news article:

    Mallar told the paper he wouldn't comment other than to say he has the right to make determinations about safety.
    Turn the election's in 2014 to a "2A Revolution". It will serve as a 1994 refresher not to "infringe" on our Second Amendment. We know who they are now.........SEND 'EM HOME. Our success in this will be proportional to how hard we work to make it happen.

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    Mallar told the paper he wouldn't comment other than to say he has the right to make determinations about safety.
    And an LEO wearing a gun and wanting to vote is unsafe HOW?

    Pure bullhockey. Mr. Mallar needs an ass whoopin.
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    A petty official trying to exercise his authority.
    Mr. Mallar needs an ass whoopin.
    That sums it up nicely.

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