Anything wrong with carrying while voting?

[sheepdawg]

[LoadedM333]

I tried checking prohibited places, polling places might be included on this. I can't seem to find the PC for this though. Perhaps other will charm in.

[9Cal_OC]

I don’t have the exact penal code but it’s not allowed:

https://www.gunstocarry.com/gun-laws-state/california-gun-laws/

Polling station – this includes any person, uniformed peace officer, private guard, or security personnel or any person who is wearing a uniform of a peace officer, guard, or security personnel, who is stationed in the immediate vicinity of, or posted at, a polling place without written authorization.

[Skip_Dog]

Looks like I will be armed while voting this year. Ca. sent me a letter stating that all ballots are going to be mailed. I will vote at my kitchen table explaining to my 3 daughters what I am voting for.

[P5Ret]

https://www.gunstocarry.com/gun-laws...rnia-gun-laws/

The problem with that link is that there is as much bad information as there is good. There is also no citation to back up what they have put out.

As an example they list "Any place that serves alcohol for consumption". That may be a condition listed by an IA, but I can find no law to support the absolute prohibition they say exists.

[SkyHawk]

(a) Any person in possession of a firearm or any uniformed peace officer, private guard, or security personnel or any person who is wearing a uniform of a peace officer, guard, or security personnel, who is stationed in the immediate vicinity of, or posted at, a polling place without written authorization of the appropriate city or county elections official is punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment. (b) This section shall not apply to any of the following: (1) An unarmed uniformed guard or security personnel who is at the polling place to cast his or her vote. (2) A peace officer who is conducting official business in the course of his or her public employment or who is at the polling place to cast his or her vote. (3) A private guard or security personnel hired or arranged for by a city or county elections official. (4) A private guard or security personnel hired or arranged for by the owner or manager of the facility or property in which the polling place is located if the guard or security personnel is not hired or arranged solely for the day on which an election is held. - See more at: http://codes.findlaw.com/ca/election....iavuLOtD.dpuf

As is typical for Ca laws, you could want for a lot more clarity but it seems to deal with people who are posted at the polls and has special emphasis on people wearing uniforms. Who knows what perceived wrong this was supposed to right, but there it is.

[Dvrjon]

The “tree” for this section gives the clue:

ELECTIONS CODE - ELEC
DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. )
CHAPTER 6. Corruption of the Voting Process [18500 - 18578] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )

ARTICLE 3. Intimidation of Voters [18540 - 18548]

These provisions were the result of different armed groups posting themselves at polling places to intimidate and deter other groups from exercising their right to vote.

[The War Wagon]

My poll is at a school - which is closed for the day, save for the polling - although since I legally carry in PA, I could have it in the vehicle. YMMV.

[SkyHawk]

Thank you for finding that. I figured it was something along those lines...

[????? ????]

The statute that prohibits possession of firearms at polling places is Elections Code section 18544, and is punishable by up to three years in county jail.

The statute says: "Any person in possession of a firearm or any uniformed peace officer, private guard, or security personnel or any person who is wearing a uniform of a peace officer, guard, or security personnel, who is stationed in the immediate vicinity of, or posted at, a polling place without written authorization of the appropriate city or county elections official is punishable . . . "

The statute should be read as prohibiting the following two types of people without written authorization of an elections official:

1) A person in possession of a firearm, and

2) A uniformed peace officer, private guard, or security personnel, or any person who is wearing such a uniform, and that person is stationed at the polling station. And there's a number of exceptions for this listed in Elections Code section 18544, subdivision (b).

Notice how the statute is written and that "possession of a firearm" is before any mention of police officer or security. The prohibition of people with firearms at polllng places is not limited to people working the polls.

[Librarian]

The statute that prohibits possession of firearms at polling places is Elections Code section 18544, and is punishable by up to three years in county jail.

The statute says: "Any person in possession of a firearm or any uniformed peace officer, private guard, or security personnel or any person who is wearing a uniform of a peace officer, guard, or security personnel, who is stationed in the immediate vicinity of, or posted at, a polling place without written authorization of the appropriate city or county elections official is punishable . . . "

The statute should be read as prohibiting the following two types of people without written authorization of an elections official:

1) A person in possession of a firearm, and

2) A uniformed peace officer, private guard, or security personnel, or any person who is wearing such a uniform, and that person is stationed at the polling station. And there's a number of exceptions for this listed in Elections Code section 18544, subdivision (b).

Notice how the statute is written and that "possession of a firearm" is before any mention of police officer or security. The prohibition of people with firearms at polllng places is not limited to people working the polls.

I concur; that's how I read the code, too.

I tend to reformat quoted code to make my reading obvious, so I would post

(a) Any person in possession of a firearm

or

any uniformed peace officer, private guard, or security personnel or any person who is wearing a uniform of a peace officer, guard, or security personnel, who is stationed in the immediate vicinity of, or posted at, a polling place without written authorization of the appropriate city or county elections
official

is punishable . . .

[SkyHawk]

except the who is broken by a comma, which makes it seem like it applies to all the previous groups who were separated by or.

As I said, we could always hope for more clarity.

, who is stationed in the immediate vicinity of, or posted at, a polling place

Because 'any person in possession of a firearm' doesn't specify a location and according to some interpretations postulated here (that it stands alone), would apply anywhere at any time. Yet the only thing that specifies a time or place is: "who is stationed in the immediate vicinity of, or posted at, a polling place"

Otherwise you would be left with

Any person in possession of a firearm...
is punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment.

So there no way 'any person in possession of a firearm' does not go together with 'who is stationed in the immediate vicinity of, or posted at, a polling place' else it would be the most rando law ever.

Had they meant that, it would have said 'any person in possession of a firearm at a polling place'.

Rule of lenity

[hoystory]

I concur; that's how I read the code, too.

I tend to reformat quoted code to make my reading obvious, so I would post

(a) Any person in possession of a firearm

or

any uniformed peace officer, private guard, or security personnel or any person who is wearing a uniform of a peace officer, guard, or security personnel, who is stationed in the immediate vicinity of, or posted at, a polling place without written authorization of the appropriate city or county elections official

is punishable . . .(Bold added)

We do this every two years. If you're just going there to vote, you're not "stationed," or "posted at" the polling station.

As long as it's not a school or some other prohibited place, then I read it so you can concealed carry there. IANAL, but I think this is the best reading of the law and the fact that it's listed under the heading of "intimidation of voters" portion of the law, I don't see how concealed carry is affected.

[????? ????]

After reading the original bill that contained this law, I am persuaded that the prohibition is against certain people being "stationed" at a polling place.

Elections Code section 18544 was formerly Elections Code section 29635. As part of SB1547 in 1994, the entire Elections Code was organized and Elections Code section 29635 became section 18544.

Elections Code section 29635 was created by SB58 in 1989.

At that time the statute read:

Any person who hires or arranges for any other person in possession of a firearm or any uniformed peace officer, private guard, or security personnel or any person who is wearing a uniform of a peace officer, guard, or security personnel, to be stationed in the immediate vicinity of, or posted at, a polling place without written authorization of the appropriate elections official is punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the state prison for 16 months or two or three years or in a county jail not exceeding one year, or by both the fine and imprisonment. This section shall not apply to the owner or manager of the facility or property in which the polling place is located if the private guard or security personnel is not hired or arranged solely for the day on which the election is held.

The Legislative Counsel's Digest of the bill said this:

This bill would also provide that any person in possession of a firearm, or who is in a peace officer, security guard, or security personnel uniform, and is stationed in the immediate vicinity of a polling place without written permission of the appropriate elections official, is punishable by a fine, by imprisonment in the state prison or county jail, or both, as specified.

[L84CABO]

Take this for what it's worth...I Just had my CCW refresher class three days ago. The instructor said you cannot carry in a CA polling place.