Firearms at voting locations
Posted: Sun Oct 28, 2012 4:16 pmAre you being asked, "Are you packing," when voting and presenting your handgun carry permit as ID? It happened to me on October 19th and again to someone I know this past week, so I sent this email to the Hamilton County Election Commission administrator.
Charlotte Mullis-Morgan, Administrator of Elections
Hamilton County Election Commission
700 River Terminal Road
Chattanooga, TN 37406
Ms. Mullis,
The gentleman working for the Hamilton County Election Commission at Eastwood Church needs to be informed immediately! A lady from my church used her handgun carry permit as ID to vote and the gentleman asked her, “Are you packing?” Why do the workers for the Hamilton County Election Commission not understand federal and state gun laws?
Voting locations are NOT considered “temporary federal property.” I’ve copied the appropriate federal statute for your review below. A person licensed to carry a handgun by the state of Tennessee CAN carry a firearm at a voting location, provided it has not been posted in accordance with Tennessee law, specifically, T.C.A. § 39-17-1359. The only exception to this would be if the voting poll is located on school property. Schools are automatically off limits by T.C.A. § 39-17-1309 paragraph (C) (1). However, parents who are on school property to pick up their children are allowed to have a weapon in their vehicle if the weapon is not removed from their vehicle. This is in accordance with T.C.A. § 39-17-1310 paragraph (4).
If you read paragraph (g)(1) under the federal statute below, it explains that a federal facility is a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties. Workers at voting polls are not federal employees. They are employed by the county election commission.
I hope this gives you a better understanding that polling locations are NOT off limits to law abiding citizens legally carrying their guns.
Thank you,
Ben Burke
18 USC § 930 - Possession of firearms and dangerous weapons in Federal facilities
(a)Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both.
(b)Whoever, with intent that a firearm or other dangerous weapon be used in the commission of a crime, knowingly possesses or causes to be present such firearm or dangerous weapon in a Federal facility, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both.
(c)A person who kills any person in the course of a violation of subsection (a) or (b), or in the course of an attack on a Federal facility involving the use of a firearm or other dangerous weapon, or attempts or conspires to do such an act, shall be punished as provided in sections 1111, 1112, 1113, and 1117.
(d)Subsection (a) shall not apply to—
(1)the lawful performance of official duties by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law;
(2)the possession of a firearm or other dangerous weapon by a Federal official or a member of the Armed Forces if such possession is authorized by law; or
(3)the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.
(e)
(1)Except as provided in paragraph (2), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal court facility, or attempts to do so, shall be fined under this title, imprisoned not more than 2 years, or both.
(2)Paragraph (1) shall not apply to conduct which is described in paragraph (1) or (2) of subsection (d).
(f)Nothing in this section limits the power of a court of the United States to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons within any building housing such court or any of its proceedings, or upon any grounds appurtenant to such building.
(g)As used in this section:
(1)The term “Federal facility” means a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties.
(2)The term “dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 21/2 inches in length.
(3)The term “Federal court facility” means the courtroom, judges’ chambers, witness rooms, jury deliberation rooms, attorney conference rooms, prisoner holding cells, offices of the court clerks, the United States attorney, and the United States marshal, probation and parole offices, and adjoining corridors of any court of the United States.
(h)Notice of the provisions of subsections (a) and (b) shall be posted conspicuously at each public entrance to each Federal facility, and notice of subsection (e) shall be posted conspicuously at each public entrance to each Federal court facility, and no person shall be convicted of an offense under subsection (a) or (e) with respect to a Federal facility if such notice is not so posted at such facility, unless such person had actual notice of subsection (a) or (e), as the case may be.
Charlotte Mullis-Morgan, Administrator of Elections
Hamilton County Election Commission
700 River Terminal Road
Chattanooga, TN 37406
Ms. Mullis,
The gentleman working for the Hamilton County Election Commission at Eastwood Church needs to be informed immediately! A lady from my church used her handgun carry permit as ID to vote and the gentleman asked her, “Are you packing?” Why do the workers for the Hamilton County Election Commission not understand federal and state gun laws?
Voting locations are NOT considered “temporary federal property.” I’ve copied the appropriate federal statute for your review below. A person licensed to carry a handgun by the state of Tennessee CAN carry a firearm at a voting location, provided it has not been posted in accordance with Tennessee law, specifically, T.C.A. § 39-17-1359. The only exception to this would be if the voting poll is located on school property. Schools are automatically off limits by T.C.A. § 39-17-1309 paragraph (C) (1). However, parents who are on school property to pick up their children are allowed to have a weapon in their vehicle if the weapon is not removed from their vehicle. This is in accordance with T.C.A. § 39-17-1310 paragraph (4).
If you read paragraph (g)(1) under the federal statute below, it explains that a federal facility is a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties. Workers at voting polls are not federal employees. They are employed by the county election commission.
I hope this gives you a better understanding that polling locations are NOT off limits to law abiding citizens legally carrying their guns.
Thank you,
Ben Burke
18 USC § 930 - Possession of firearms and dangerous weapons in Federal facilities
(a)Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both.
(b)Whoever, with intent that a firearm or other dangerous weapon be used in the commission of a crime, knowingly possesses or causes to be present such firearm or dangerous weapon in a Federal facility, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both.
(c)A person who kills any person in the course of a violation of subsection (a) or (b), or in the course of an attack on a Federal facility involving the use of a firearm or other dangerous weapon, or attempts or conspires to do such an act, shall be punished as provided in sections 1111, 1112, 1113, and 1117.
(d)Subsection (a) shall not apply to—
(1)the lawful performance of official duties by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law;
(2)the possession of a firearm or other dangerous weapon by a Federal official or a member of the Armed Forces if such possession is authorized by law; or
(3)the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.
(e)
(1)Except as provided in paragraph (2), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal court facility, or attempts to do so, shall be fined under this title, imprisoned not more than 2 years, or both.
(2)Paragraph (1) shall not apply to conduct which is described in paragraph (1) or (2) of subsection (d).
(f)Nothing in this section limits the power of a court of the United States to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons within any building housing such court or any of its proceedings, or upon any grounds appurtenant to such building.
(g)As used in this section:
(1)The term “Federal facility” means a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties.
(2)The term “dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 21/2 inches in length.
(3)The term “Federal court facility” means the courtroom, judges’ chambers, witness rooms, jury deliberation rooms, attorney conference rooms, prisoner holding cells, offices of the court clerks, the United States attorney, and the United States marshal, probation and parole offices, and adjoining corridors of any court of the United States.
(h)Notice of the provisions of subsections (a) and (b) shall be posted conspicuously at each public entrance to each Federal facility, and notice of subsection (e) shall be posted conspicuously at each public entrance to each Federal court facility, and no person shall be convicted of an offense under subsection (a) or (e) with respect to a Federal facility if such notice is not so posted at such facility, unless such person had actual notice of subsection (a) or (e), as the case may be.