Marine get turned away from voting because of OC'ing

Marine get turned away from voting because of OC'ing

This is a discussion on Marine get turned away from voting because of OC'ing within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; You all think if he was right or not. My views have been clear:If it is not illegal...then it is LEGAL Marine openly carrying handgun ...

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Thread: Marine get turned away from voting because of OC'ing

  1. #1
    VIP Member Array suntzu's Avatar
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    Marine get turned away from voting because of OC'ing

    You all think if he was right or not. My views have been clear:If it is not illegal...then it is LEGAL

    Marine openly carrying handgun turned away from poll location | ABC57 | South Bend IN News, Weather and Sports | Top Stories


  2. #2
    VIP Member Array mlr1m's Avatar
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    He should immediately contact the closest Federal Election Board and file a complaint. He was illegally prevented access to his designated polling place and therefore denied the ability to vote.

    Michael

  3. #3
    Senior Member Array txron's Avatar
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    Don't know the laws in Indiana, but it is illegal in texas to CC at a polling locations

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    The net result of a stunt like that is the legislature will do what other states do, bar guns at polling places.

    Are we sure there is not Indiana law that already does that?
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
    Andrew Jackson

  5. #5
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    I know state law here forbids carrying in a polling location, not sure about Indiana.
    "Don't start none, won't be none!"

  6. #6
    VIP Member Array mlr1m's Avatar
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    Quote Originally Posted by Hopyard View Post
    The net result of a stunt like that is the legislature will do what other states do, bar guns at polling places.

    Are we sure there is not Indiana law that already does that?
    According to the article there are no laws that prohibit firearms in polling places. I do understand your last comment as many believe the same way. It amounts to either you give up your rights voluntarily or else the government will take them away. You can keep them so long as you have the good sense not to use them.

    Michael

  7. #7
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    Quote Originally Posted by Hopyard View Post
    The net result of a stunt like that is the legislature will do what other states do, bar guns at polling places.

    Are we sure there is not Indiana law that already does that?
    This is false. One man in Pennsylvania was denied entrance to a polling place initially, because he was visibly armed. Later on he was allowed to, but then had his license revoked. He sued the Sheriff, won his case, and had his license reinstated. This was many years ago, and guns are still allowed in polling places, as long as the places aren't prohibited places, like schools. I open carry when I vote, as well, as long as it's warm out.
    carracer likes this.

  8. #8
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    Quote Originally Posted by Hopyard View Post
    The net result of a stunt like that is the legislature will do what other states do, bar guns at polling places.

    Are we sure there is not Indiana law that already does that?

    ^^^TO answer Hopyards question^^^^^^^^^^^^^


    From article;

    Vanoverberghe told him he was not allowed to have the gun inside, and offered to have uniformed officers come talk to him if he preferred.

    Edinger said that would be fine, and he waited outside the building until officers with the St. Joseph County Sheriff’s Department arrived.

    The officers then began searching through the Indiana Code looking for a statute that would prohibit Edinger from bringing the gun into the building.

    If they had been on school grounds, or at a courthouse, the issue would be cut and dry.

    State statutes clearly indicate that such locations are off-limits to guns.

    But the officers could not find a statute that clearly outlined the situation they found themselves in.

    After about an hour and a half; the officers, who had asked for assistance from the Election Board, were provided a state statute (35-47-2-1) and relayed it to Edinger, telling him that it kept him from being able to bring the gun inside.

    Edinger was skeptical, however, and opted to return home to look the statute up, instead of the solution of locking his gun in his car and voting first as Vanoverberghe offered.

    After Edinger left, we began to do some research of our own. We quickly found that IC 35-47-2-1 dealt with the regulation of handguns; specifically, the carrying of handguns without a license or by a person convicted of domestic battery, and the exceptions there in.

    There was no indication, nor intimation, that Edinger has ever been convicted of domestic battery; and Edinger is licensed to carry the gun.

    It was clear this statute did not apply in this situation


    AND ;
    We contacted Barnes, who told us she had been given information by the Indiana State Police, and provided us a number to reach them at.

    We contacted the State Police at the number provided, but the individual was unable to help us as his equipment was not allowing him to access the state statutes electronically.

    He transferred us to the Indianapolis Division of the State Police, where two officers spent the better part of an hour looking for a statute that would prohibit Edinger from bringing the gun inside.

    They even enlisted the help of an attorney, who also could not locate such a statute in the same time frame and given the resources they had at the time.



    All this shows is that the laws are so stupid, vague, and nondescript, that even seasoned veterans of the state police, WITH the aid of an attorney can't figure it out.

    He was wrongfully denied his right, and should file a formal complaint, so they(the state) can become aware of their wrongdoing.
    rolyat63, carracer and jag06 like this.
    If you want to make God laugh, tell him your plans.

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  9. #9
    Member Array JaySkiBum's Avatar
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    Unfortunately for me, my polling place is located below the middle school gymnasium, AKA school grounds. No carry for me on voting day.

  10. #10
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    Definitely prevented him from voting even tho he was doing nothing Illegal.Maybe a lawsuit will make them understand the term"Shall not be infringed"
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

  11. #11
    VIP Member Array Civil_Response's Avatar
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    Curious, what does him being a marine have to do with the story?

  12. #12
    VIP Member Array mlr1m's Avatar
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    But the officers could not find a statute that clearly outlined the situation they found themselves in.
    How long are officers allowed to prevent someone from doing something while trying to find a law saying his actions are illegal? Are they allowed to detain him at all with no law backing them up?

    Michael
    suntzu and msgt/ret like this.

  13. #13
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    In Missouri the law specifically states not

    571.101 to 571.121
    (2) Within twenty-five feet of any polling place on any election day. Possession of a firearm in a vehicle on the premises of the polling place shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

    If the person is a CCW holder, the following applies to the above statute:

    Carrying of a concealed firearm in a location specified in subdivisions (1) to (17) of subsection 1 of this section by any individual who holds a concealed carry endorsement issued pursuant to sections 571.101 to 571.121 shall not be a criminal act but may subject the person to denial to the premises or removal from the premises.

    If such person refuses to leave the premises and a peace officer is summoned, such person may be issued a citation for an amount not to exceed one hundred dollars for the first offense. If a second citation for a similar violation occurs within a six-month period, such person shall be fined an amount not to exceed two hundred dollars and his or her endorsement to carry concealed firearms shall be suspended for a period of one year. If a third citation for a similar violation is issued within one year of the first citation, such person shall be fined an amount not to exceed five hundred dollars and shall have his or her concealed carry endorsement revoked and such person shall not be eligible for a concealed carry endorsement for a period of three years. Upon conviction of charges arising from a citation issued pursuant to this subsection, the court shall notify the sheriff of the county which issued the certificate of qualification for a concealed carry endorsement and the department of revenue. The sheriff shall suspend or revoke the certificate of qualification for a concealed carry endorsement and the department of revenue shall issue a notice of such suspension or revocation of the concealed carry endorsement and take action to remove the concealed carry endorsement from the individual's driving record. The director of revenue shall notify the licensee that he or she must apply for a new license pursuant to chapter 302 which does not contain such endorsement. A concealed carry endorsement suspension pursuant to sections 571.101 to 571.121 shall be reinstated at the time of the renewal of his or her driver's license. The notice issued by the department of revenue shall be mailed to the last known address shown on the individual's driving record. The notice is deemed received three days after mailing.

    Missouri Revised Statutes Chapter 571: Weapons Offenses
    -Bark'n
    Semper Fi


    "The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."

  14. #14
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    Stupid stunt IMO.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
    Andrew Jackson

  15. #15
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    I'm sure some herald this guy as a super-hero of 2A rights.

    I just think there are better ways and places to do so. He just wasted a bunch of people's time.
    __________________________________
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