Man Who Took Gun To Polling Place On Election Day, to have his day in court Options

[area man]

This is an interesting story.

Man who took gun to polling place on Election Day to have his day in court

Link: http://www.publicopiniononline.com/localnews/ci_7706118

A Chambersburg man who went to the polls on Election Day while wearing a handgun has appealed the revocation of his permit to carry a concealed weapon.

Rotz walked up to the New Franklin voting precinct on Nov. 6 wearing his gun in a side holster, according to Franklin County Sheriff Robert Wollyung. A constable cautioned him not to be armed around the polling place.

This post has been edited by area man: Dec 13 2007, 10:41 AM

[RonHarper]

The Sheriff is waaaay out to lunch. The guy will prevail.

rh

"You can't treat your privilege of being able to carry a firearm as a bully threat," Wollyung said. "There are some places you don't carry a firearm -- bars and churches. It's common sense. Would I walk into a bank with a gun showing? I don't think so. I wouldn't walk into a big crowd with a gun showing, if I wasn't a police officer."

After this Sunday - there's going to be a lot of guns in churches! This so called sheriff should be run out on a rail!

[BeingReal]

I'm not a gun rights person, but common sense says that, unless there is a law prohibiting a citizen from carrying a gun into the polling place, it's not illegal. I understand there's a law preventing law enforcement from carrying a gun at a polling place, but I honestly don't understand why that law exists. Further, one could assert that once the constable publicly confronted the gun owner about the weapon, it would be irresponsible of the gun owner to lock it it his car since cars can be broken into. One could assert that the gun owner was being MORE responsible by keeping his gun with him. (IMG:style_emoticons/default/rolleyes.gif)



Based upon the facts presented, I personally don't think the gun owner did anything irresponsible or with the intent to harm others, so I don't think he should lose his permit.

[Hope]

I'm not a gun rights person, but common sense says that, unless there is a law prohibiting a citizen from carrying a gun into the polling place, it's not illegal. I understand there's a law preventing law enforcement from carrying a gun at a polling place, but I honestly don't understand why that law exists. Further, one could assert that once the constable publicly confronted the gun owner about the weapon, it would be irresponsible of the gun owner to lock it it his car since cars can be broken into. One could assert that the gun owner was being MORE responsible by keeping his gun with him. (IMG:style_emoticons/default/rolleyes.gif)



Based upon the facts presented, I personally don't think the gun owner did anything irresponsible or with the intent to harm others, so I don't think he should lose his permit.

He might not have done anything illegal but I would argue the irresponsible part. The sheriff has a point about where firearms should and should not be taken, i.e. churches and bars. When he was cautioned about it maybe he should have thought about how the other pollster would feel. Should he have his permit taken, I don't know I don't know if we have a clear picture of his attitude and the attitude of the deputy but I do think the man could have use better judgment in this situation.

[Beth]

The Sheriff is waaaay out to lunch. The guy will prevail.

rh
After this Sunday - there's going to be a lot of guns in churches! This so called sheriff should be run out on a rail!

Rather than "shooting" his mouth off? (IMG:style_emoticons/default/wink.gif)

[RonHarper]

The sheriff has a point about where firearms should and should not be taken, i.e. churches

(IMG:style_emoticons/default/laugh.gif) (IMG:style_emoticons/default/biggrin.gif) (IMG:style_emoticons/default/laugh.gif) (IMG:style_emoticons/default/biggrin.gif)

That had me laughing for sure. That was good one! I would have really busted a gut if you would have said the cops will protect me from the EVIL gunman! Thank God - and I do mean GOD - that someone had a gun in church in Colorado - else we'd be hearing about the dozens of people killed.

I needed that laugh today - thanks a lot

[Hope]

(IMG:style_emoticons/default/laugh.gif) (IMG:style_emoticons/default/biggrin.gif) (IMG:style_emoticons/default/laugh.gif) (IMG:style_emoticons/default/biggrin.gif)

That had me laughing for sure. That was good one! I would have really busted a gut if you would have said the cops will protect me from the EVIL gunman! Thank God - and I do mean GOD - that someone had a gun in church in Colorado - else we'd be hearing about the dozens of people killed.

I needed that laugh today - thanks a lot

There was a shooting in Lancaster right outside of MY church on Saturday. My family and I were on the way to the church and had to be directed to park on a side street rather than in the parking lot because the street was roped off. We do not have security guards as did the church in Colorado and I do NOT want them.

Laugh all you want troll, I do not think guns belong in church... so shoot me!

[Shawn]

He might not have done anything illegal but I would argue the irresponsible part. The sheriff has a point about where firearms should and should not be taken, i.e. churches and bars. When he was cautioned about it maybe he should have thought about how the other pollster would feel. Should he have his permit taken, I don't know I don't know if we have a clear picture of his attitude and the attitude of the deputy but I do think the man could have use better judgment in this situation.

The sheriff has no business passing judgment on what he thinks is or isn't common sense. His job is to enforce laws, and as far as I can tell, this guy wasn't breaking any. Now if the sheriff was truly concerned about guns in polling places and churches, he can move to attempt to have laws prohibiting them in such places passed. Until that time though, he has no right to prohibit someone from doing something that isn't against the law, just because of his definition of common sense.



Later...Shawn

[BeingReal]

The sheriff has no business passing judgment on what he thinks is or isn't common sense. His job is to enforce laws, and as far as I can tell, this guy wasn't breaking any. Now if the sheriff was truly concerned about guns in polling places and churches, he can move to attempt to have laws prohibiting them in such places passed. Until that time though, he has no right to prohibit someone from doing something that isn't against the law, just because of his definition of common sense.

Later...Shawn

This is my perspective -- thanks, Shawn!

[Beth]

The sheriff has no business passing judgment on what he thinks is or isn't common sense. His job is to enforce laws, and as far as I can tell, this guy wasn't breaking any. Now if the sheriff was truly concerned about guns in polling places and churches, he can move to attempt to have laws prohibiting them in such places passed. Until that time though, he has no right to prohibit someone from doing something that isn't against the law, just because of his definition of common sense.



Later...Shawn

My understanding is that all law enforcement must maintain a certain amount of distance from polling areas unless called upon for their assistance.


F. Presence at a polling place of a person with a firearm or uniformed as peace
officer, guard, or security personnel:
(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 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.
((IMG:style_emoticons/default/cool.gif) 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. (Elections Code
18544)
Not sure if any of this info applies to the gentleman or sheriff in question, but it's info on Peace officers at polls.

This post has been edited by BAG-17: Dec 13 2007, 02:10 PM

[dc]

Hey BAG.....I bet that you are glad that this guy did not show up at the polling place that you were working at........

[RonHarper]

Laugh all you want troll, I do not think guns belong in church

Sorry sweet pea - me taking a position in contradiction to you doesn't make me a troll! Just correct! (IMG:style_emoticons/default/smile.gif)

Luke 22:35-36 (King James Version)

35And he said unto them, When I sent you without purse, and scrip, and shoes, lacked ye any thing? And they said, Nothing.

36Then said he (JESUS) unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

Today's sword is a handgun

BAG that applies to law enforcement NOT the average Joe. There's also federal laws too.


rh


This post has been edited by RonHarper: Dec 13 2007, 04:02 PM

[rock]

The sheriff has no business passing judgment on what he thinks is or isn't common sense.


Later...Shawn

Common sense is nothing more than a big mith! What is common to him sure ain't common to me! (IMG:style_emoticons/default/blink.gif)

[dc]

Today's sword is a handgun........

It is amazing how many people read right over this verse.......

[grieker]

The sheriff has a point about where firearms should and should not be taken, i.e. churches and bars.

So what's the common denominator with bars and churches?

If you're in either one long enough you become unstable, more likely to do something stupid!!!!

I always thought it was bars (any place of business whose primary income is from the sale of alcohol) and federal buildings (i.e, post offices!