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O.F.Fascist wrote: ↑Thu Aug 30, 2018 1:16 am Its a move in the right direction, but there really needs to be a push to legalize at the very least concealed carry in polling places.

If the logic is that guns shouldn't be allowed in polling places because people will be intimated into not voting, then concealed carry should be fine. Those professors who sued to stop campus carry got their lawsuits thrown out, concealed carry while voting should be a similar case.

thatguyoverthere wrote: ↑Wed Aug 29, 2018 11:27 pm I'll admit, I'm conflicted about this. Living in a rural area, with little or no or delayed police response, I understand the situation that brought about this action. So I'm glad that SOMEone MAY be able to carry a firearm in a polling place in case the need ever arises. That's the good news.

On the other hand, there may or may not be an armed LTC worker at all polling places - it depends on whether the local election judge has an LTC or not, and if so, whether they choose to carry or not. Even if they do have an LTC, and even if they do choose to carry it in the polling place, and if something does happen, will he/she be willing to risk their life to save mine if necessary? After all, they are not sworn LEO, but just another LTC'er who also happens to be an election judge. Nothing against them - it's just that if I'm having to depend on an LTC'er to protect my life, I'd much rather that LTC'er be ME!

Also, I've looked over the referenced statutes, and I don't see anything close to saying that an election judge fits the description of an "active judicial official" as defined by the statute. I will concede that maybe the AG knows more about the law, but I do know how to read, and I just don't see it there. But apparently he does, so good for him.

But I guess my main beef is that here is yet one more carve out for "special" people, in this case allowing them to be able to carry a handgun in an area where a "regular," even licensed, person can not. And especially in this case, where the only thing "special" thing about the person with the "special" privileges is their political connection. Yes, that does twist my shorts.

JMHO. Feel free to change my mind for me!

ScottDLS wrote: ↑Wed Aug 29, 2018 2:57 pm

stevie_d_64 wrote: ↑Tue Aug 28, 2018 11:54 pm Well...Since you put it that way...

Lemme 'splain a few things to y'all in this forum...

Years ago I did ask this of the County Clerks office in Harris County, and the person giving the recertification of the Law Class wjich is required at each election cycle said this to mh question of our authority and how it relates to the protection and integrity of the election and the polling location...

Yes, we carry the same weight and authority of a State District Judge...But in regards to the actual function, all we are charged with is protectingnthe integrity of the election and its credible operation per election laws...

Our personal ability to carry a firearm within that polling location has always been prohibited, at least for me, because my polling location is in a elementary school withjng the boundaries of the Precinct I represent...

I never could get a straight answer from the County as they err'd on the side of "no"...And I did not feel like I needed to be, as you state, "test case"...

So this occurring long before Ken took office as AG, I had to adhere to the law, as schools are a "no go" zone...

So this is what I plan to do, since no one else here is a Presiding Election Judge, Inwill make a very rare personal call to my friend Charles Cotton, and see what he actually believes is the AG's intent here...

Prudence dictates you should not go blindly into this as the violation is too much to risk for others entertainment...

I shall post our findings soon, and if all goes well, this November, I will either conceal or betrer yet, open carry if its determined that I acting in that capacity as Judge, will carry my firearm...

Regards...

The AG opinion seems to address your situation along with the case law from Hook v. State. That's really about all you're going to get without being the proverbial "test case". You have previously asked the County Clerks office and got one answer and the AG seems to be saying something different, while also providing his legal reasoning. You can ask a private attorney (Mr. Cotton) or if you really want to know, you could show the AG opinion to your County Prosecutor and get his/her take. That would be the person prosecuting you, so probably the best place to start. If the DA says no, I wouldn't do it, because he/she could bring the charges, even if they ultimately lost.