Alabama voter arrested for open carry at polling place
Posted on November 5, 2014 by Sam Rolley Views: 510
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Despite having the law on his side, an Alabama voter was arrested Tuesday and held for a “voting violation” for showing up at a Pelham polling place open carrying a .357 Magnum Taurus revolver.

According to reports, gun rights activist Robert Kennedy Jr. arrived at the polling site Tuesday morning when he encountered a Shelby County Sheriff’s deputy who ordered him to surrender the firearm before searching the voter and placing him in a patrol car.

Kennedy, a founding member of the gun rights group BamaCarry, had previously been turned away from the polls in June when he tried to vote while wearing his firearm, but had been allowed to vote while armed during a runoff in July.

Officials, in an effort to thwart Kennedy’s gun rights in the midterm election, recently announced than “no firearms” signs would be placed at polling sites in the county.

“Each polling location in Shelby County will have a ‘No Firearm’ sign posted at the entrance of the precinct, at the requests of the private property owner or governing body of the property. This will be enforced in accordance with Alabama law,” the Sheriff’s Office said in a statement last week.

“Our goal is to allow every registered voter in Shelby County the right to vote in an influence-free environment,” Sheriff Chris Curry said in the statement last week. “Voting is a constitutional right and it is our job to facilitate the process effectively and efficiently.”

But the Alabama Attorney General’s Office recently issued an opinion that Alabama polling places cannot issue a blanket ban on Alabama voters open carrying at polling sites, according to AL.com.

And the Alabama Constitution’s Section 192 provides that there are very few reasons a voter in the state can be arrested at the polls, stating: “Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, or while going to or returning therefrom.”

Sheriff’s officials told local media that Kennedy was arrested for a “voting law violation.”

Sheriff’s Capt. Ken Burchfield emailed AL.com: “It shall be unlawful for any person to obstruct, intimidate, threaten, or coerce any other person for the purpose of interfering with the right of such other person to vote or to vote as he or she may choose, or for the purpose of causing such other person to vote for, or not to vote for, any candidate for state or local office or any other proposition at any election. Any person who violates this section shall be guilty, upon conviction, of a Class A misdemeanor.”

A representative of the campaign to elect Democrat Joe Hubbard as Alabama’s attorney general called the incident an example of voter suppression in Alabama.

“Shelby County Sheriff’s Deputies arrested a Pelham voter as he was attempting to exercise his right to vote, because he was also exercising his right to lawfully carry a firearm in accordance with the Alabama and United States Constitutions,” the statement said.

I'd guess a fat lawsuit is coming, along with a visit from the Justice Department, the Alabama Attorney General's office, and perhaps even the ACLU.

When are people going to see that this so called gun rights movement "open carry" is more detrimental to our gun rights than any measure in recent times. I've said too many times, these are not the people I want representing my right to bear arms.

quote:

Originally posted by Macs B:
When are people going to see that this so called gun rights movement "open carry" is more detrimental to our gun rights than any measure in recent times. I've said too many times, these are not the people I want representing my right to bear arms.

+1

Some people enjoy sitting in the back of the bus.

I'm with Macs B on this. Just because you have the right to do something does not make it a good idea.

Ignore your rights and you will surely loose them

Yesterday I walked in the office where my brother in law works to tell him I had a rifle in my truck for him to use over the week end. He asked why I wasn't carrying my pistol on my hip as I am so prone to do when I am out. I told him I wasn't in the mood to see every one wetting their pants and I didn't need a visit from a cop to make sure the pistol was legal.
I could see about every one in my polling place wetting them selves if one was to express the open carry right here in Michigan.


Al

MY local polling place IS at a "Gun Club" and frankly nobody would bat an eye at somsone showing up armed with any firearm not-mounted to a self propelled chassis.

Then again I live in Pennsylvania, so...

quote:

Originally posted by jwp475:
Ignore your rights and you will surely loose them

Continue to express your rights in the manner which seems so popular these days and you will without question lose your rights.

Odly enough I advocate open carry over concealed, and do so often. However I consider it to be plain poor judgement as referenced in the op's article.

quote:

I've said too many times, these are not the people I want representing my right to bear arms.

The Constitution represents your right to bear arms, not how others choose to exercise their right.
I understand your point, but totally disagree that the possibility that open carry could make someone uncomfortable is reason to even temporarily relinquish your right to protect yourself.
You have a right to carry and they have a right to think what they will about it.
Now, using privately owned premises as a polling place muddies the water because the property owner can instate any rules he chooses to.

Sheriff’s Capt. Ken Burchfield emailed AL.com: “It shall be unlawful for any person to obstruct, intimidate, threaten, or coerce any other person for the purpose of interfering with the right of such other person to vote or to vote as he or she may choose, or for the purpose of causing such other person to vote for, or not to vote for, any candidate for state or local office or any other proposition at any election. Any person who violates this section shall be guilty, upon conviction, of a Class A misdemeanor.”

I hope he had a complaint from a "victim" of the obstruction, etc... Or it will likely not turn out well for the S.O.