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

[KG1]

I doubt anybody is suggesting that cops or poll workers or anyone involved should (or even could) know all the laws, but how about knowing the one you're currently attempting to enforce?

Would that be asking too much?

I don't think that's to much to ask especially since i'm sure that Clay took the time to educate himself on what the laws were and also know what his rights were before he went to the polling place to exercise his right to vote while legally carrying his firearm.

 

[Ted]

I don't think that's to much to ask especially since i'm sure that Clay took the time to educate himself on what the laws were and also know what his rights were before he went to the polling place to exercise his right to vote while legally carrying his firearm.

Given the state of technology today, what would it have taken for the board of elections and LE, to google the relevant laws upon firearms possession and polls?

 

[Bunnykid68]

Given the state of technology today, what would it have taken for the board of elections and LE, to google the relevant laws upon firearms possession and polls?

Common sense maybe, but do you really expect that from our superiors?

 

[Ted]

Common sense maybe, but do you really expect that from our superiors?

Well, yeah. There's always that.

If the entrance to the building would have been manned by a LEO and a metal detector as dictated by IC 35-47-11.1-4 (13), that's all that anybody had to know.

Of course, now comes the penalties of IC 35-47-11.1-5, 6, and 7.

 

[KG1]

Given the state of technology today, what would it have taken for the board of elections and LE, to google the relevant laws upon firearms possession and polls?

I believe there was an attempt made to do just that by a member of the Twp. Fire Dept. on a laptop computer after they removed Clay from the polling place and were detaining him outside.

I believe it was reported that the attempt at trying to find an applicable law was unsuccessful at that time.

There is a mention of it in the petition that Guy posted in this post in Section II under the heading of Factual Background in the 6th paragraph.

https://www.indianagunowners.com/fo...ng_at_st_joe_county_polls-50.html#post2909350

 

[Ted]

I believe there was an attempt made to do just that by a member of the Twp. Fire Dept. on a laptop computer after they removed Clay from the polling place and were detaining him outside.

I believe it was reported that the attempt at trying to find an applicable law was unsuccessful at that time.

There is a mention of it in the petition that Guy posted in this post in Section II under the heading of Factual Background in the 6th paragraph.

Those two words:

• attempt, and
• unsuccessful

are exactly my point.

When the attempt became unsuccessful, he was still denied to exercise his right. So instead, LE relied upon an unverified statutory reading my the Board of Elections to further deny his right.

 

[KG1]

Those two words:

• attempt, and
• unsuccessful

are exactly my point.

When the attempt became unsuccessful, he was still denied to exercise his right. So instead, LE relied upon an unverified statutory reading my the Board of Elections to further deny his right.

Yeah this thing was definitely a train wreck on the part of the governing authorities and they were all flying by the seat of their pants with no safety net from the get go.

Clay had his legal ducks in a row and caught them with their collective pants down.

/ rant. I ran out of cliches'.

 

[blamecharles]

I am sure the guy had it so everyone could see it . Alot of people wants everyone to know they have it. i carried mine in and didnt have any problems

What everyone else has said.

I carry how I want, you carry how you want. I won't belittle you for wanting to hide yours, I don't need you to belittle me for how I carry.

 

[cobber]

Given the state of technology today, what would it have taken for the board of elections and LE, to google the relevant laws upon firearms possession and polls?

Don't even have to google it. It's been here for years:

Indiana Constitution

If it ain't in the code, it ain't against the law. (Unless it's in the Administrative Code...yuck...)

Indiana General Assembly - Indiana Register

 

[Timjoebillybob]

That sounds like our good Sheriff Brad Rogers....

I believe you are correct. I was being to lazy to google up his name.

Here is our filing. Of course the formatting is all fouled up because it's a cut-and-paste (I don't know why that happens), but you get the idea.

STATEOF INDIANA ) IN THE ST. JOSEPH CIRCUIT/SUPERIORCOURT ) SS: ​

COUNTY OF ST.JOSEPH ) CAUSE NO.

IN RE: Potential violations of Ind. Code §3-14-3-4, ​

Ind. Code§3-14-3-9 and/or Ind. Code §3-14-3-21.5​

(snip)

Guy, I didn't see it listed in the filing, but the fire dept/leo that originally escorted him out appears to be wearing a fire dept sweatshirt in the video shown on the news. If he is would this code apply also?

IC 3-14-1-6
Solicitation, challenge, or performance of election function by state police department employee, police officer, or firefighter
Sec. 6. (a) A state police department employee or a police officer or firefighter (including a special duty, auxiliary, or volunteer police officer or firefighter) of a political subdivision who recklessly:
(1) solicits votes or campaign funds;
(2) challenges voters; or
(3) performs any other election related function;
while wearing any identifying insignia or article of clothing that is part of an official uniform or while on duty commits a Class A misdemeanor.

And if it could/would can you amend your filing to include it?

I saw a picture of one of the deputies at the scene of the crime. He's an experienced and good cop, who is 2A supportive, a veteran, and has laid his life on the line within the community during at least one shootout. While I don't like what has happened in this case and it shouldn't have happened I'm sure he was acting in good faith.

This is really my point. If I recall most of the poll workers are volunteers. Usually, people who are ignorant of the finer points of the law. Heck, there were even some questions in this thread about the legality of the situation. Many here are fairly knowledgeable about the 2nd Amendment and Indiana law. I wouldn't expect the 80 y/o lady who is volunteering at the poll to have full knowledge of the applicable statute.

I just hate to see some individuals who thought they were just doing their job lose a career because a couple of county party hacks tried to pull a power trip.

Please advise how this is applied to this thread?

I believe he was responding to the 2 posts above.

There is an example of this "good faith" kinda thing that I remember in a thread a little while back where a young lady posted that she was denied her application for an LTCH and was deemed a "not proper" person because she was previously charged and prosecuted with theft for taking a cardboard box from a dumpster that she wanted to use because she was moving.

I'm pretty sure she was'nt aware that she was committing a crime at the time but it did have a future impact on her.

https://www.indianagunowners.com/fo...f_defense/203787-license_to_carry_denied.html

I remember a story from a few years ago, a guy raised orchids and sold them. He was charged and if I remember correctly found guilty of a federal felony because he didn't put a sticker on the boxs he mailed because he didn't know he was required to.

 

[GuyRelford]

Guy, I didn't see it listed in the filing, but the fire dept/leo that originally escorted him out appears to be wearing a fire dept sweatshirt in the video shown on the news. If he is would this code apply also? And if it could/would can you amend your filing to include it?

Very possibly. Thanks.

Guy

 

[Timjoebillybob]

Very possibly. Thanks.

Guy

More than welcome, glad to help out anyway I can.

 

[singlestacksig]

Gun carriers who asked to move polling place find church policy also bans weapons - News

 

[AndersonIN]

Gun carriers who asked to move polling place find church policy also bans weapons - News

SO?

If their "POLICY" decided not to allow women or blacks that would be OK too? Don't really give a rat's %!#$ about their "POLICY" if that is where I am to vote and it's NOT against the law my weapon goes with me!

 

[singlestacksig]

SO?

If their "POLICY" decided not to allow women or blacks that would be OK too? Don't really give a rat's %!#$ about their "POLICY" if that is where I am to vote and it's NOT against the law my weapon goes with me!

agreed, the story was not even for Indiana.. but it raises the issue..

 

[AndersonIN]

agreed, the story was not even for Indiana.. but it raises the issue..

Sorry I'm democrat................I vote in several different states and locations within each state! Sorry! Should have mentioned that prior!!!

 

[TaunTaun]

Gun carriers who asked to move polling place find church policy also bans weapons - News

When locations are donated for public use, whether for a day, and hour, or a year, for that time period it is considered public property. Unless it falls under the conditions required for Victim Enhancement Zones in Pennsylvannia, then as long as they had a valid permit/liscense, then they would be okay. The church could then proceed to kiss the voter's a**.

 

[griffin]

When locations are donated for public use, whether for a day, and hour, or a year, for that time period it is considered public property.

I don't know this to be correct.

 

[PeaShooter]

Sorry I'm democrat................I vote in several different states and locations within each state! Sorry! Should have mentioned that prior!!!

You ARE from Andserson..... I only claim Edgewood.

 

[AndersonIN]

You ARE from Andserson..... I only claim Edgewood.

I never want to narrow my location down to far...............all those black op missions in Nam! (people are still looking for me!)!!!