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

[bobcoop06]

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

While working the FD today, I heard some traffic come across the radio from an off-duty police officer frantically calling for backup from St. Joseph County Police for a man with a gun at the polls at Warren Twp. Fire Department in Crumstown. He advised that the man was carrying and was asked to leave but was arguing and refusing to leave, the officer was requesting backup. I heard several units responding emergent and they assigned a tactical radio channel for the incident. I had to leave for a run, so I didn't hear any more on it. A Warren Twp. firefighter just stopped by the station and advised that police arrived and removed the man from the building because it's "illegal to carry a gun at the polls". Of course I corrected him and told him that it's not illegal.

Beyond that, I don't have any more information. Hopefully whomever it was, knows their rights (sounds like they did!) and will make the County aware of them as well. I did send ABC 57 News a message on Facebook asking them to look into the situation and shed some light on it. If anyone knows anything, chime in!

 

[Birds Away]

Does anyone know the laws? I mean really!!!!

 

[Goodcat]

Laws don't matter, if he was asked to leave and refused, he is trespassing, even if they got the laws wrong. This could be different because it was a poll and they could illegally ask anyone to leave they didn't want voting, but I'd imagine the workers are representing the property. Sad regardless.

 

[Bill B]

Polls are not private, so I believe the trespass laws are different.

 

[Loganwildman]

Sounds like we need to start carrying the pertinent laws with us to head off escalation.

 

[Mr. Habib]

Even if he was trespassing, which he was not, it was illegal for the police to arrest him.
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.
As added by P.L.5-1986, SEC.1.
It appears that the only laws broken here were by the ones sworn to uphold them.
I hope that he is financially well compensated for this violation of his civil rights.

 

[handgun]

The fire dept. Is a public place. Such as a town hall building. Paid by the the voters tax dollars..

 

[eldirector]

Indiana Code ./const/art2.html-./const/art2.html-./const/art2.html
Section 12. In all cases, except treason, felony, and breach of the peace, electors shall be free from arrest, in going to elections, during their attendance there, and in returning from the same.

 

[Birds Away]

Even if he was trespassing, which he was not, it was illegal for the police to arrest him.
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.
As added by P.L.5-1986, SEC.1.
It appears that the only laws broken here were by the ones sworn to uphold them.
I hope that he is financially well compensated for this violation of his civil rights.

Oh, well breach of the peace for a thousand, Alex!

 

[Scutter01]

Oh, well breach of the peace for a thousand, Alex!

Sounds like it wasn't breach of the peace until the police illegally tried to eject him and then arrested him for a law that doesn't exist. This guy's got a payday coming and rightfully so.

 

[Bunnykid68]

Paging Guy Relford FTW

 

[Jeremiah]

The fire dept. Is a public place. Such as a town hall building. Paid by the the voters tax dollars..

so are schools, court rooms, government buildings, and many Indiana colleges. yet you can't carry there either, sad as it may be.

 

[Hop]

Fortunately I live close enough to home that I can drop off my pistol before voting but... my poll is in a school. How does this law affect the no guns on school property?

 

[LegatoRedrivers]

Sounds like it wasn't breach of the peace until the police illegally tried to eject him and then arrested him for a law that doesn't exist. This guy's got a payday coming and rightfully so.

Agreed. Even if he had been asked to leave and left, he was denied the right to vote. How do you put a price on that?

During the American Revolution, many paid for that right with their lives...

 

[Scutter01]

Agreed. Even if he had been asked to leave and left, he was denied the right to vote. How do you put a price on that?

During the American Revolution, many paid for that right with their lives...

Especially when it's guaranteed by both the state constitution and state statutes, as described above.

 

[Hoosierdood]

Agreed. Even if he had been asked to leave and left, he was denied the right to vote. How do you put a price on that?

During the American Revolution, many paid for that right with their lives...

Not only is it a violation of IC 35-47-11.1, but it now becomes a Civil Rights violation as well. Scutter01 has it right... this guy has a payday coming, and rightfully so.

 

[Hammerhead]

so are schools, court rooms, government buildings, and many Indiana colleges. yet you can't carry there either, sad as it may be.

Please site the code that makes it illegal to carry at Indiana colleges.

 

[eldirector]

so are schools, court rooms, government buildings, and many Indiana colleges. yet you can't carry there either, sad as it may be.

Sure you can. Well, at least the government buildings and colleges. Schools are forbidden, and courthouses MAY be (local ordinance or court order).

Fire departments are absolutely not on the forbidden list.

 

[eldirector]

Fortunately I live close enough to home that I can drop off my pistol before voting but... my poll is in a school. How does this law affect the no guns on school property?

It has no impact on it. Schools are always schools, and therefor always off-limits to otherwise legally carried firearms.

 

[Mr. Habib]

Looks like some cops need some time in the general population.

IC 3-14-3-21.5
Voter intimidation
Sec. 21.5. A person who knowingly or intentionally intimidates, threatens, or coerces an individual for:
(1) voting or attempting to vote;
(2) urging or aiding another individual to vote or attempt to vote; or
(3) exercising any power or duty under this title concerning registration or voting;
commits voter intimidation, a Class D felony.
As added by P.L.103-2005, SEC.40.