Man who carries gun to polls sues - Page 3

Man who carries gun to polls sues

This is a discussion on Man who carries gun to polls sues within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Was he allowed to carry on his military base? Good chance he wasn't. If not why didn't he sue the military?...

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  1. #31
    Senior Member Array Sig35seven's Avatar
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    Was he allowed to carry on his military base? Good chance he wasn't. If not why didn't he sue the military?
    "Confidence is food for the wise man but liquor for the fool"


  2. #32
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    Quote Originally Posted by rammerjammer View Post
    He will do more harm than good to gun rights. Pick your battles wisely.
    And exactly how is standing up for his rights (and possibly yours) more harmful. He was within his rights, and clearly the others weren't. So now those in the wrong will get a painful, and probably expensive, lesson in firearm legalities. It often take s cases such at this where someone takes the time and expense (Think Heller) to make what is right, right, and to make those in power and authority comply with duly established rights and laws.
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  3. #33
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    Quote Originally Posted by Sig35seven View Post
    Was he allowed to carry on his military base? Good chance he wasn't. If not why didn't he sue the military?
    Clearly you have failed to differentiate between federal and state laws.
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    Retired USAF E-8. Lighten up and enjoy life because:
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  4. #34
    VIP Member Array suntzu's Avatar
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    Quote Originally Posted by Sig35seven View Post
    Was he allowed to carry on his military base? Good chance he wasn't. If not why didn't he sue the military?
    Get a grip on reality and actually read what happened. It is law to not be able to carry on a military installation. He was not breaking any law trying to vote with weapon. IN allows it for the location he was at. The LEO's got it wrong over a period of almost 2 hours and consultation. He was the only one that knew the law.
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  5. #35
    Ex Member Array NotMallNinja's Avatar
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    Quote Originally Posted by Sig35seven View Post
    Was he allowed to carry on his military base? Good chance he wasn't. If not why didn't he sue the military?
    If you bothered to read the story he is a former Marine denied access to a state poling station. On base rules and Federal laws are irrelevant here.

  6. #36
    Senior Member Array Sig35seven's Avatar
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    Quote Originally Posted by OldVet View Post
    Clearly you have failed to differentiate between federal and state laws.
    Didn't the military violate his 2A rights to carry a gun on base?
    "Confidence is food for the wise man but liquor for the fool"

  7. #37
    Ex Member Array NotMallNinja's Avatar
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    Quote Originally Posted by Sig35seven View Post
    Didn't the military violate his 2A rights to carry a gun on base?
    Not relevant to the current topic, i.e. denied access to a state poling station in a state that allow open and concealed carry (permitted not statutory for all).

  8. #38
    VIP Member Array suntzu's Avatar
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    Quote Originally Posted by Sig35seven View Post
    Didn't the military violate his 2A rights to carry a gun on base?
    He is not sueing for being not allowed to carry in posted areas.

  9. #39
    Senior Member Array Sig35seven's Avatar
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    Quote Originally Posted by NotMallNinja View Post
    Not relevant to the current topic, i.e. denied access to a state poling station in a state that allow open and concealed carry (permitted not statutory for all).
    Agreed, it was a bit off topic.
    "Confidence is food for the wise man but liquor for the fool"

  10. #40
    Senior Member Array Gun Bunny's Avatar
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    The thing is that it is illegal in Indiana to not allow someone to vote if the are committing no crime. He was turned away twice for OCing just because someone didn't want him to carry while in the fire station to vote. They even checked and could find no law against it and still refused to allow him to vote with a firearm.

    He should sue, and he will win. Especially here in Indiana! Please read: https://word.office.live.com/wv/Word...Complaint.docx

    And to all that think we will keep the right to OC as long as we don't exercise that right, all I can say is, my word!
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  11. #41
    VIP Member Array Crowman's Avatar
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    Let's look at it this way. Say all these people that demand their rights, open carry just because they can, and whatever else they do to make it "bad" for concealed carry didn't do any of the things that many feel hurt the "cause". Do you really believe those that are attempting to destroy the 2nd amendment as written will suddenly have nothing to say in the "see we told you so" department. Most of the anti argument comes from shootings be it criminals or abnormal people that go on a shooting spree and the open carry issue, etc.

    Since 2nd amendment advocates are a minority group we might be better served by sticking together rather than damning those that demand their rights under the law or in this situation a person that now has to fight against a law that does not exist. Staying divided is only hurting and is counter productive. Whether you agree with the anti groups you need to take heed that they stick solidly together on there agenda.
    "One of the greatest delusions in the world is the hope that the evils in this world are to be cured by legislation."
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    Second Amendment -- Established December 15, 1791 and slowly eroded ever since What happened to "..... shall not be infringed."

  12. #42
    VIP Member Array Crowman's Avatar
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    Quote Originally Posted by Sig35seven View Post
    Was he allowed to carry on his military base? Good chance he wasn't. If not why didn't he sue the military?
    Simple, military personnel are subject to the Uniform Code of Military of Justice
    Uniform Code of Military Justice - UCMJ
    "One of the greatest delusions in the world is the hope that the evils in this world are to be cured by legislation."
    --Thomas B. Reed, American Attorney

    Second Amendment -- Established December 15, 1791 and slowly eroded ever since What happened to "..... shall not be infringed."

  13. #43
    Ex Member Array NotMallNinja's Avatar
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    Quote Originally Posted by Crowman View Post
    Simple, military personnel are subject to the Uniform Code of Military of Justice
    Uniform Code of Military Justice - UCMJ
    Not so simple my friend. While military personnel are subject to UCMJ, UCMJ does not actually provide an article with respect to firearms save for firearms involved in an offense that is chargeable under UCMJ.

    UCMJ does provide for, however, charging of crimes as violations of Army Regulations, punitive Command Policies, and in limited circumstances federal law.

  14. #44
    VIP Member Array Crowman's Avatar
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    Quote Originally Posted by NotMallNinja View Post
    Not so simple my friend. While military personnel are subject to UCMJ, UCMJ does not actually provide an article with respect to firearms save for firearms involved in an offense that is chargeable under UCMJ.

    UCMJ does provide for, however, charging of crimes as violations of Army Regulations, punitive Command Policies, and in limited circumstances federal law.
    If you note I didn't state there was a specific article in the UCMJ with respect to firearms. However your response "UCMJ does provide for, however, charging of crimes as violations of Army Regulations, punitive Command Policies,...." gives the answer as to why one is not allowed to carry on a military base(Army regulation and/or command policy).
    "One of the greatest delusions in the world is the hope that the evils in this world are to be cured by legislation."
    --Thomas B. Reed, American Attorney

    Second Amendment -- Established December 15, 1791 and slowly eroded ever since What happened to "..... shall not be infringed."

  15. #45
    Ex Member Array NotMallNinja's Avatar
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    Quote Originally Posted by Crowman View Post
    If you note I didn't state there was a specific article in the UCMJ with respect to firearms. However your response "UCMJ does provide for, however, charging of crimes as violations of Army Regulations, punitive Command Policies,...." gives the answer as to why one is not allowed to carry on a military base(Army regulation and/or command policy).
    Actually, one can carry on some bases in certain circumstances and under certain conditions. Your post was too generic and I provided it with specificity. UCMJ in and of itself does not ban carrying.
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