Man removed by PD for carrying at St. Joe County polls

[magic man]

Just read through all ten pages.......Go get 'em Guy!

 

[GuyRelford]

I do not believe that one bit. A bill that will criminalize bringing a firearm to a polling place? I believe that can easily be passed.

I think that members of the General Assembly would take note of the fact that, even in South Bend, 93% of the voters in ABC57's poll don't have a problem with what this man did.

Marine sticks to his guns, asks why he can't bring firearm into polling place | ABC57 | South Bend IN News, Weather and Sports | Local News

Guy

 

[goinggreyfast]

he is on here. and he does know his options. he's already spoken to a lawyer (did so after morning incident and before evening incident). source: he's my brother.

Welcome to INGO SLM! I'm sure both you and your bro can see that there is much support in this corner. We're glad to have you both!

Blessings!

 

[Hotdoger]

I think that members of the General Assembly would take note of the fact that, even in South Bend, 93% of the voters in ABC57's poll don't have a problem with what this man did.

Marine sticks to his guns, asks why he can't bring firearm into polling place | ABC57 | South Bend IN News, Weather and Sports | Local News

Guy

You surly don't think those poll voters were all from South Bend do you?

 

[GuyRelford]

You surly don't think those poll voters were all from South Bend do you?

Of course not - I voted from Indy. But it's a poll on a South Bend TV stations's website, so that's the perception.

(And I wasn't surly at all.)

Guy

 

[dusterboy49]

I think this is absolute make-believe on your part to justify an opinion for which you have no evidence.

I am neither newly licensed, young, or attention-seeking. For that matter, I am not male either and thus lack the heterozygosity of sex chromosomes that make me want to show the whole world my gun.

But on the chance that all your broad-brushing were true, so what? If women can show their boobs, men should be equally entitled to showing their guns. I for one don't have a problem with it.

You go girl.

 

[jeremy]

I think this is absolute make-believe on your part to justify an opinion for which you have no evidence.

I am neither newly licensed, young, or attention-seeking. For that matter, I am not male either and thus lack the heterozygosity of sex chromosomes that make me want to show the whole world my gun.

But on the chance that all your broad-brushing were true, so what? If women can show their boobs, men should be equally entitled to showing their guns. I for one don't have a problem with it.

Soooo....

What I got from this, was if I OC my Handgun you will OC your Boobs...
Let's do this!!!!

 

[Titanium_Frost]

Of course not - I voted from Indy. But it's a poll on a South Bend TV stations's website, so that's the perception.

(And I wasn't surly at all.)

Guy

Also something to consider is that it wouldn't be only SB's representatives who change the law. It would be state wide and there are very pro-rights representatives in office right now.

 

[dusterboy49]

The prosecutor has to stand for re-election on his own merits. I wouldn't assume he will play 'circle the wagons' with the clerk and sheriff on this. (Not saying he won't, either... but if he's paying attention to the Mourdock victory...?)

The local prosecutor would have to recuse himself as he undoubtedly knows some of those involved.
A special prosecutor would be appointed if anything is done at State level.

 

[jgreiner]

I can't thats why I didn't use the term Illegal. There are still consequences to carrying at college.

I believe only for students of the institution, or employees. They can't touch anyone else.

 

[Pitmaster]

I would like to point out that Mike Dvorak the prosecutor here investigated a case of voter fraud in which he was a potential witness. His track record of winning big cases is poor and don't get us started on plea bargains. The voter fraud eventually resulted in the arrest of Butch Morgan the local Chairman of the Democratic Party. Dvorak did not file the charges and is not handling the case. It was eventually given to a former Vandenburg county special prosecutor who has Democratic ties to a former Vandenburg county commissioner who married the President of DLZ where Butch Morgan is a vice-president. Its incestuous up here. Way too many Democratic sheep in certain sections of the city and corruption we can't get rid of. Especially with Obama/Holder mafia.

 

[jgreiner]

If fear of losing a right is what keeps me from exercising that right, I never possessed it.

There are plenty of noble reasons I may choose to reserve the exercise of any of my liberties, but fear should be considered the most loathesome of motivators.

EXTREMELY well said!!!!!

 

[jgreiner]

Makes me want to OC at the polls, just to see if I can hit the jackpot. I figure my chances of running into an uneducated individual is much higher than hitting the lottery.

education is no guarantee of intelligence...just ask anyone that works in higher ed.

 

[Expat]

Of course not - I voted from Indy. But it's a poll on a South Bend TV stations's website, so that's the perception.

(And I wasn't surly at all.)

Guy

Apparently I must have been on one of my posts as one of my responses to someone was not approved. I have an unfortunate tendency to call a fool a fool...

 

[Expat]

I would like to point out that Mike Dvorak the prosecutor here investigated a case of voter fraud in which he was a potential witness. His track record of winning big cases is poor and don't get us started on plea bargains. The voter fraud eventually resulted in the arrest of Butch Morgan the local Chairman of the Democratic Party. Dvorak did not file the charges and is not handling the case. It was eventually given to a former Vandenburg county special prosecutor who has Democratic ties to a former Vandenburg county commissioner who married the President of DLZ where Butch Morgan is a vice-president. Its incestuous up here. Way too many Democratic sheep in certain sections of the city and corruption we can't get rid of. Especially with Obama/Holder mafia.

Mr. Dvorak is an inept party hack. A very small cog in the St. Jos County Democratic machine.

 

[Pitmaster]

I think the local sheriff needs to get some perspective on his job.

http://www.countysheriffproject.org/

 

[Scutter01]

How does one "Enforce" the Bill of Rights? Shouldn't he be "Protecting" that instead?

 

[TaunTaun]

Discussion with 95.3 MNC

Casey whatshisname was on this on my way to work this morning. He played WNDU-TV (Channel 16) sound bites. They (WNDU) stated and he was in agreement with:

That SB292 made open carry legal in Indiana for the first time. They even called it the "new open carry law".

The fire station had every right to deny him access and quoted a statute pertaining to private property owners.

It is illegal to carry a gun in a government building.

There was more but I was so blown away by the epic fail of this 5 minute segment that I almost had to pull over for a minute.

The poll workers blew it. The local police blew it. The election board blew it. The county government blew it. The ISP blew it.

Clay will be retiring soon on our dime but I guess it beats a bunch of other garbage they spend our tax dollars on.

One thing is certain, a lot of people, government employees and news media will be having a 5 course dinner of crow very soon. I relish the thought.

I hope he gets a competent attorney (TFT) and sues all of them jointly and severally. Criminal proceedings need to take place as well. I believe someone smarter than me said it was a felony to deny him his right to vote. Jail time is warranted IMO. Ignorance of the law being no excuse cuts both ways, doesn't it?

I wrote to Casey at 95.3 yesterday about this and got a reply last night. I'll share it here now with you.

From: Tim *****[****@hotmail.com]
Sent: Wednesday, May 09, 2012 10:24 AM
To: Casey Hendrickson
Subject: [The Burning Truth] Man removed from polling place due to open carry of weapn

Casey,

Let me first point out that I'm a big fan of your show, and I've been listening to it nearly every morning since you've arrived in the Michiana area.

This morning, you played some sound bites from WNDU about a man turned away from voting because he was carrying a firearm. There were a few things in which you were incorrect, and I'd like to give you the opportunity to learn the truth.

SB292 Did not make open carry legal in indiana for the first time. Open carry in Indiana has been legal for it;s inception. The only caveat to this is when it was made a requirement to get a LTCH (Liscence To Carry Handgun).

SB292 DOES however, clarify and make it legal to carry in all government buildings with the exceptions of jailhouses, courthouses, and schools. This was in response to individual city/county ordinances that varied widely across the state. This puts all gun laws under one roof and one legal code.

Firestations are owned by the local government, and as such are public property. Since it is not a courthouse, jail, or a school, then all persons that can legally carry a firearm can not have their access restricted just by the basis of having one. Even if the property was private, but the space has been leased out to the local gov't in order to place a poll there, during that time the location is public and can not be restricted.

It is not illegal to carry a gun in a government building. I've open carried at the polls, and the DMV here locally. What you MIGHT have been thinking was a US Government Building, which DOES have some individual rules and whatnot to follow for firearms. But with the exception of federal jails, courthouses, and military property, they are still subject to Indiana law.

By the Indiana code, someone cannot be restricted from voting except by a very small range of possible issues. The simple point is this. St. Joe County violated this man's right to vote. They themselves made it a condition that he had to remove his firearm to vote, and this was not a legal requirement. They did however bar him from practice his right to franchise as a good-standing US Citizen.

The poll workers were in the wrong. The deputy firechief was in the wrong. The St. Joe County Sherriffs were in the wrong. And the St. Joe County Election Board was in the wrong.

I have it from close aquiantances that this man has accepted legal counsel, and that we should be hearing more about this case in the near future.


If you have any questions on Indiana legal code for firearms, feel free to contact me and if I don't know the information (and even if I do) I'll help by providing you with the current statutes of the IC.

If you'd like to know more, and learn more about the 2nd Amendment community in Indiana, I recommend INGunOwners - Indiana Gun Owners Community . It is a forum of like minded (and sometimes NOT very likeminded at all) supporters of our constitional right to bear arms.

His reply:

Appreciate the comments Tim, and for listening.

I know that open carry isn't new, but the law in question is.

I've been looking at this for the better part of the day, and it is clear that the wrong ordinance was given as justification for his being denied. The reason for this is that he is licensed to carry. The ordinance provided was for unlicensed people.

In fact, we are learning that the law is confusing, but there appears to be no reason to deny him access. I will be issuing an apology tomorrow.

Casey Hendrickson
Host - Michiana's Morning News 95.3 MNC
Facebook.com/caseythehost

Anyone know if he's issued an apology yet or not?

 

[Hotdoger]

Appreciate the comments Tim, and for listening.

I know that open carry isn't new, but the law in question is.

I've been looking at this for the better part of the day, and it is clear that the wrong ordinance was given as justification for his being denied. The reason for this is that he is licensed to carry. The ordinance provided was for unlicensed people.

In fact, we are learning that the law is confusing, but there appears to be no reason to deny him access. I will be issuing an apology tomorrow.

Casey Hendrickson
Host - Michiana's Morning News 95.3 MNC
Facebook.com/caseythehost

The law isn't "confusing" for those that want to be knowledgeable about it.
Seems in this situation the only ones confused are the ignorant.

 

[Bunnykid68]

How does one "Enforce" the Bill of Rights? Shouldn't he be "Protecting" that instead?

The same way some people enforce laws that do not exists