Carry at Polling Place

[Dwight]

Can an LTCH holder carry at a polling place? I am clear on the restrictions for courthouses, schools, etc. My particular location is at a church with no school. Also, I believe firehouses and other types of locations are used throughout the state.

I have been on ISP.gov and our INGO search/ FAQ. I couldn't find anything. Thanks in advance for your insight!

 

[eldirector]

No State law that I know of.

My polling place is a church also. I've carried and voted several times.

 

[Mr. Habib]

If it is legal for you carry there when it is not election day, it is legal to carry there to vote.

 

[Indy_Guy_77]

If it is legal for you carry there when it is not election day, it is legal to carry there to vote.

Yep.

Note: If you O.C., be fully prepared to be hassled.

-J-

 

[Mr. Habib]

Yep.

Note: If you O.C., be fully prepared to be hassled.

-J-

At least you shouldn't have to worry about too many 5 year old girls there.

 

[hooky]

My polling place is a church with a school on premises.

 

[Titanium_Frost]

Yep.

Note: If you O.C., be fully prepared to be hassled.

-J-

I OCed at our church poling place, the Mrs did too. Happened to be her Dad's church (he is the pastor) and had zero issues. Even talked to one of the candidates running for Mayor outside and several sherrifs were there.

 

[ATM]

Always prepared - never hassled.

 

[You'll shoot your eye out]

I don't have the cite numbers without looking them up, but you can't be arrested both going to and coming from the polls short of a felony. It's so people cannot be harassed by the powers that be while voting. If the dogs start howling I will get the chapter and verse but I am sure one of the armchair lawyers here has it handy.

 

[Ted]

I don't have the cite numbers without looking them up, but you can't be arrested both going to and coming from the polls short of a felony. It's so people cannot be harassed by the powers that be while voting. If the dogs start howling I will get the chapter and verse but I am sure one of the armchair lawyers here has it handy.

Article 2, Section 12 of the Indiana Constitution:

"In all cases, except treason, felony, and breach of the peace, electors shall be free from arrest, going to elections, during their attendance there, and in returning from the same."

 

[TaunTaun]

Hmmmm...I can see a couple of the po-po citing breach of the peace....

 

[Mgderf]

I carried into my local grocery store this afternoon at lunch. I saw there were early voting booths set up, so I took advantage of the opportunity.

See you later Lugar, don't let the door hit you in the ass on the way out!

 

[Fargo]

Hmmmm...I can see a couple of the po-po citing breach of the peace....

By definition, breach of the peace in Indiana must involve actual or threatened violence:

Our supreme court has stated that violence, either actual or threatened, is an
essential element of breaching the peace. Price v. State, 622 N.E.2d 954, 960 n.6 (Ind.
1993).
2
​

http://www.ai.org/judiciary/opinions/pdf/07060707pdm.pdf

Best,

Joe

 

[mrortega]

Yep.

Note: If you O.C., be fully prepared to be hassled.

-J-

If you do OC you won't have to worry about any of the Democrat poll workers approaching you with their hand-outs.

 

[Indy_Guy_77]

Article 2, Section 12 of the Indiana Constitution:

I bet "elector" is further defined somewhere to not include the vast majority of the population.

-J-

 

[Mr Evilwrench]

"Elector" is not the same as "voter".

 

[Kirk Freeman]

Hmmmm...I can see a couple of the po-po citing breach of the peace....

How can you see that?

Maybe if you were walking around open carrying while banging pots and pans threatening to hurt people if they took your pots and pans away.

I will be the first to vote in my polling station downtown Lafayette and I will be carrying.

 

[Timjoebillybob]

I bet "elector" is further defined somewhere to not include the vast majority of the population.

-J-

"Elector" is not the same as "voter".

According to IC it is.

IC 3-5-4-4
Immunity from arrest while at or going to and from polls
Sec. 4. A voter is not subject to arrest while going to the polls, while in attendance there, and while returning from the polls. However, this section does not apply in a case of:
(1) treason;
(2) felony; or
(3) breach of the peace.

Indiana Code 3-5-4

I OCed at the last election. And it was in the local courthouse.

A glance or two was all I noticed. Although according to my son there was a bit of whispering going on. A friend of his was working the polls when I was there. He asked my son if the guy with the gun on his hip voting was his dad. M know of any law against it". And then they talked about it for a minute or two.
There was no or any other . Nobody mentioned anything about it to me, and everybody was either or the one lady actually jumped up to chase me down to give me my I voted sticker.

My son's friend told him I had "lots of testicular fortitude" but I was smart and he was applying for his LTCH when he turned 18 in a few months.

 

[superjoe76]

I smell an Open Carry Event! I never even thought about it. Guess I might have to.

 

[TaunTaun]

MAY 8th! Open Carry event at a polling place near YOU!