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Posted: **Tue Nov 02, 2010 10:31 am**

Any reason that I cannot carry when I vote? I assume if the place has the correct sign, I would be unable to, but any other reasons?

Posted: **Tue Nov 02, 2010 10:33 am**

Unless I am mistaken the answer is an unequivocable NO. As I understand it you cannot carry into any voting areas. Period.

Posted: **Tue Nov 02, 2010 10:35 am**

Leave it in the car. You cannot carry into the polling place.

Posted: **Tue Nov 02, 2010 10:38 am**

Also, no recording devices are allowed. So leave the iPhone, Droid, etc. in the car.

Posted: **Tue Nov 02, 2010 10:55 am**

As above. No carry when you vote.
Polling place is off limits.

Posted: **Tue Nov 02, 2010 10:55 am**

Everyone's right so far, I'll just post the code for citational completeness. And for the record, I find it really sad that you have to stop exercising one right to exercise another one.

Code: Select all

Sec. 46.03.  PLACES WEAPONS PROHIBITED.  (a)  A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
2)  on the premises of a polling place on the day of an election or while early voting is in progress;

"Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

Posted: **Tue Nov 02, 2010 10:56 am**

philip964 wrote:Any reason that I cannot carry when I vote? I assume if the place has the correct sign, I would be unable to, but any other reasons?

No, unfortunately not. And here is the cite.

PC §46.03. PLACES WEAPONS PROHIBITED. (a) A person commits
an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon
listed in Section 46.05(a):
...
(2) on the premises of a polling place on the day of an election or
while early voting is in progress;
...

Also, they do not need to post a sign. Although presumably you have to "know" that it is a polling place...it would be pretty hard to argue that you didn't if you were voting.

Posted: **Tue Nov 02, 2010 10:57 am**

Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
...
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
...
(c) In this section:
(1) "Premises" has the meaning assigned by Section 46.035.
...
(f) It is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.

(g) An offense under this section is a third degree felony.

Posted: **Tue Nov 02, 2010 11:11 am**

Pen - yes.
Gun - no.

Since we are past the age of the sword, is the pen also supposed to be mightier then the gun?

Posted: **Tue Nov 02, 2010 11:19 am**

denwego wrote:And for the record, I find it really sad that you have to stop exercising one right to exercise another one.

To quote Neal Bortz, there is no "right to vote" in Federal elections.

Posted: **Tue Nov 02, 2010 12:14 pm**

SlickTX wrote:Also, no recording devices are allowed. So leave the iPhone, Droid, etc. in the car.

I early voted last week (unarmed, of course)....and was texting and facebooking while waiting on a clerical error to be resolved....they completed ignored my crackberry....
Just so there wouldn't be any surprises, I left the whole rig in the truck (mags in the mag carier, pistol and holster).

Posted: **Tue Nov 02, 2010 12:22 pm**

Thanks for the posting of the rules. I guess I need to memorize them. I read about the police officer having to be disarmed and wondered.
I didn't carry when I voted this morning and there were no signs except about cell phones, which everyone was ignoring. Nothing about guns being not allowed.

Posted: **Tue Nov 02, 2010 12:30 pm**

philip964 wrote:Thanks for the posting of the rules. I guess I need to memorize them. I read about the police officer having to be disarmed and wondered.
I didn't carry when I voted this morning and there were no signs except about cell phones, which everyone was ignoring. Nothing about guns being not allowed.

A peace officer is technically exempt from 46.03 provisions...perhaps there's something in the election code that allows for them to be disarmed.

Posted: **Tue Nov 02, 2010 12:35 pm**

philip964 wrote:Thanks for the posting of the rules. I guess I need to memorize them. I read about the police officer having to be disarmed and wondered.
I didn't carry when I voted this morning and there were no signs except about cell phones, which everyone was ignoring. Nothing about guns being not allowed.

Its also worth making a cheat sheet. Laminate it and put it in your glove box. Then, if you have doubts, just check it before you go into a place.

Posted: **Tue Nov 02, 2010 12:57 pm**

jamisjockey wrote:
SlickTX wrote:Also, no recording devices are allowed. So leave the iPhone, Droid, etc. in the car.

I early voted last week (unarmed, of course)....and was texting and facebooking while waiting on a clerical error to be resolved....they completed ignored my crackberry....
Just so there wouldn't be any surprises, I left the whole rig in the truck (mags in the mag carier, pistol and holster).

Just a few days ago the election judges were reminded of the law by the Secretary of State. Maybe the folks at your location didn't get the memo?

http://www.sos.state.tx.us/elections/la ... ones.shtml" onclick="window.open(this.href);return false;

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