Polling places

Discussion in 'Places Off-Limits' started by GAfirearmsReference, Oct 26, 2016.

  1. GAfirearmsReference

    GAfirearmsReference Weapons Law Booklet

    1,056
    32
    48
    Reminder:

    Polling places (the rooms in which polling activities occur) are off limits, and there is a 150-foot victim disarmament zone (no weapons allowed) around such polling places.

    This applies even to GEorgia Weapon License carry permit holders.
    It could even apply to having a gun in your car in the parking lot, within 150 feet.
     

    Attached Files:

  2. GAfirearmsReference

    GAfirearmsReference Weapons Law Booklet

    1,056
    32
    48
    By the way, the weapons at polling places Code section was just amended last year, to clarify that it only applies when a place is used as polling location.
    See H.B. 492, section 3.
     

  3. DonT

    DonT Deplorable bitter clinger.

    5,634
    246
    63
    In my opinion, you should be good to go if you secure the firearm in the car in a parking facility for that location, regardless how far from the polling place the car is. You are not "carrying" within that distance, in violation of the statute, if the gun is locked in the car. But, I realize, there may be DAs and judges and such, who might take exception to that. The legislature ought to adjust 16-11-127 and add "polling places" to the list of off limits areas where it is permissible to secure a firearm in a car and to park in a "parking facility."
     
    Last edited: Oct 26, 2016
  4. Billennium

    Billennium Custom User Title

    1,815
    27
    48
    Isn't it like that already?

    (b) Except as provided in Code Section 16-11-127.1 and subsection (d) or (e) of this Code section, a person shall be guilty of carrying a weapon or long gun in an unauthorized location and punished as for a misdemeanor when he or she carries a weapon or long gun while:
    ....
    ....
    (7) Within 150 feet of any polling place when elections are being conducted and such polling place is being used as a polling place as provided for in paragraph (27) of Code Section 21-2-2, except as provided in subsection (i) of Code Section 21-2-413.

    ....
    ....

    (d)
    Subsection (b) of this Code section shall not apply:
    ....
    ....
    (3) To a weapon or long gun possessed by a license holder which is under the possessor's control in a motor vehicle or is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle and such vehicle is parked in a parking facility.
    ....
     
  5. DonT

    DonT Deplorable bitter clinger.

    5,634
    246
    63
    Well, I think so. But I have heard dissenting opinions before on that.
     
  6. GAfirearmsReference

    GAfirearmsReference Weapons Law Booklet

    1,056
    32
    48
    Arguably, if you meet the parking lot exception found in subsection (d)(3), the general ban on guns found in subsection (b) won't apply.

    But because the legislature cross referenced the polling places law and reiterated its 150-foot ban, I would say it is very legally risky to park there.

    Especially because parking lots of polling places are not expressly included in the definition of "parking facility" the way other kinds of locations are named.
     
  7. Billennium

    Billennium Custom User Title

    1,815
    27
    48
    Thanks.
    Should then I assume that this part as well may not work for polling places because of the "cross reference"?

    (2) To a license holder who approaches security or management personnel upon arrival at a location described in subsection (b) of this Code section and notifies such security or management personnel of the presence of the weapon or long gun and explicitly follows the security or management personnel's direction for removing, securing, storing, or temporarily surrendering such weapon or long gun; and
     
    Last edited: Oct 26, 2016
  8. gunsmoker

    gunsmoker Lawyer and Gun Activist

    27,538
    683
    113
    Who is going to carry to or at a polling place and then ASK for them to deal with it?
     
  9. Billennium

    Billennium Custom User Title

    1,815
    27
    48
    Well, if they make stupid laws why not following them when they ask for our vote?

    But hey, maybe I'm just adding line items to the already long list of good reasons why I should not vote at all.
     
  10. johnski

    johnski Well-Known Member

    1,669
    35
    48
    Unless you belong to the Black Panthers then you can stand outside polling places at the doors and thwack beat-down sticks in your hands.
     
  11. Dawgdoc

    Dawgdoc Well-Known Member

    1,511
    70
    48
    This ambiguity is why they really need to eliminate polling places as a prohibited location. In Ringgold, 150 feet from the polling location would put you across US 41 in another parking lot. It affects the sidewalks on both sides of the street.
     
  12. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    67,050
    1,428
    113
    This has its roots in Jim Crow. Black Georgians had to be armed to even get access to the ballot box. Making it off limits kept them away from the polls and kept the number of Republican votes down.
     
  13. moe mensale

    moe mensale Well-Known Member

    12,622
    1,707
    113
    My pistol will be in the truck and my folder will be in my pocket.
     
  14. Clark

    Clark Well-Known Member

    1,003
    84
    48
    Has anyone encountered any checkpoints at any of the polling places that wouldn't normally have them (i.e. not courthouses).
     
  15. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    67,050
    1,428
    113
    No


    12345
     
  16. moe mensale

    moe mensale Well-Known Member

    12,622
    1,707
    113
    OK, I'm a dumbass and losing what little hair I have left every time I see it. What does that mean?
     
  17. AtlPhilip

    AtlPhilip Proud GCO member.

    7,950
    104
    63
    [ame]https://www.youtube.com/watch?v=glkQwKA5_PU[/ame]
     
  18. wscott

    wscott New Member

    25
    0
    1
    Heading out for early voting, I knew where to go to find the answer I needed. Thanks GP!:)
     
  19. Dawgdoc

    Dawgdoc Well-Known Member

    1,511
    70
    48
    The forum won't let you make a post under minimum character count, so he had to add the numbers when he just wanted to say, "No."
     
  20. moe mensale

    moe mensale Well-Known Member

    12,622
    1,707
    113