Texas Early Voting--CCW be careful

Good point and good looking out!! I'm absent minded enough to go into a mall, totally oblivious that it is now a 'polling place' and thus, restricted.

Not being able to carry while voting. That just soooo wrong!

And un-American.

Not being able to carry while voting. That just soooo wrong!

Click to expand...

It really is, and quite bizarre that of all the places to restrict that one was somehow seen as a "big deal". I can't begin to think of a good argument for that restriction. They lifted hospitals, churches, and amusement parks here in TX, I don't get the polling place thing at all, especially as you say it could be darned near anywhere.

TexasSIGman, did I understand you correctly? Hospitals, churches, and amusement parks are no longer restricted for CCW. I did not know that.

Do you know what the current rules are concering schools?

Dallas Jack

ok.. maybe a dumb question.

If the early polling place in is a mall, does that make the entire mall (or whatever) off limits, or just the part that they use.

The reason I ask: Some restaurants rent out bar areas and only those areas are off limits under the 51% rule and not the entire retaurant.

I can see the difference, especially if the state is not "renting" any one area.

Either way, thanks for the reminder. Best argument I've heard for sending for a mail in ballot.

HEY! Does that mean if I send for a Mail Ballot I have to disarm while I have possession of it? Just kidding. Sorry. Couldn't resist.
“…Shall not be infringed,” eh?

TexasSIGman, did I understand you correctly? Hospitals, churches, and amusement parks are no longer restricted for CCW. I did not know that.

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Yes, churches hospitals and amusement parks are no longer restricted unless they post the 30-06 sign like everywhere else.
That was changed IIRC 2 years or so ago, maybe 3.



Schools are still prohibited.

Oddly written law actually. They left the restriction in of churches, hospitals,or amusement parks and governmental meetings, then added a section (i) making it OK unless the 30-06 sign is there. Strange way to write a law but I guess it works.

From 46.035 Texas Penal Code

(b)....continued
(4) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
home licensed under Chapter 242, Health and Safety Code, unless the
license holder has written authorization of the hospital or nursing
home administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other
established place of religious worship.

(c) A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, at any meeting of a
governmental entity


(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply
if the actor was not given effective notice under Section 30.06.

I'd Look At It This Way...

Assuming they put the polling place inside a vacant store front, then that store front now becomes the polling place. (ie: The entire mall isn't called Sears because there's one at the far end of the mall)

In some cases, the polling place might be in the middle of the mall, and not in a sotre front. If that be the case I would argue that the polling place, just like any other vendor, is allotted a certain amount of square footage, and THAT is the polling place.

Otherwise, I think you'd be clear. But then, IANAL, it's your call.

Robert

You can't carry past the point you can't campaign. It's clearly marked and almost never includes the whole facility unless it's a very small venue.

No CCW while voting is clearly one of those provisions that the antis snuck into the various CCW laws ... clearly they don't want people who carry to vote (you know there's at least one or two curmudgeons who refuse to vote because they can't pack).

Around here HEB is usually an early polling place...gotta be on the lookout.

Mac

Dallas Jack,

Here is forum you might enjoy: http://www.texaschlforum.com/

Probably from the history of thuggery at voting places in the late 1800s - banned guns from the places then, so they still ban 'em today.
My (early) voting place is a courthouse... LEO or two at the door, plus a metal detector. Besides, I've already made up my mind how I'll vote before I go in. Just walk in, color in the little dots, go back to car for CCW. Very simple.

Thanks dejadoo.

REMEMBER

what the 1st "C" in ccw stands for!

Remember that carrying in a polling place is a 3rd degree felony in Texas.

Anyone have any idea why one cannot carry to a polling place? It's that way there, in Florida, and in NC as well. Do fights routinely break out at polling places? Are they afraid someone will be upset with someone else's vote and start shooting? Or, is this just another example of stupid government?

Greg

The reason given is that if people can carry at polling places, somehow people who don't carry will be intimidated ... no, I don't understand how, but somehow just the idea that there might be guns there scares some people so much that they will not vote.

Of course I stand by my original statement that its an attempt to keep some CCWers from voting and make CCW just that much more difficult (if its difficult people won't do it and 1) the positive effects of CCW will be less so they can claim it doesn't "help" and 2) the less people who carry the less people who will complain when they try to turn back the clock and make it illegal)

I don't know about you all, but I have never been searched nor been through a metal detector while voting.

Who cares about guns?
You'ye getting to vote for a guy named Kinky.
That's got to be worth something.
If he loses, send to us here in Florida.

AFS

It should be MANDATORY to carry a firearm to vote.

No carry No vote.