Polling Place Question

[Kythas]

I have a quick question about carrying in a polling place.

I know we can't carry in a polling place. But what is considered a polling place? Is it the actual area where you vote, or the entire building in which the polling place is located?

For example, my local library has a separate room where people vote. Is the entire library off limits?

A friend of mine is saying all of Highland Mall in Austin will be off limits because there will be a polling area set up inside the mall.

What is considered the polling place? The entire building or just that section of the building in which the actual voting is done?

[Kythas]

I think I've answered my own question. I found an opinion of the Texas Attorney General stating the following:

Section 46.035 prohibits the carrying of a handgun

on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
on the premises of a polling place on the day of an election or while early voting is in progress;
in any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
on the premises of a racetrack; or
into a secured area of an airport.

....

The term "premises" as used in section 46.035 "means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area."

http://www.txdps.state.tx.us/RSD/CHL/Legal/ago.htm

Therefore, if there is a polling place inside the mall, the entire mall is off limits.

[Crossfire]

I think I've answered my own question. I found an opinion of the Texas Attorney General stating the following:

Section 46.035 prohibits the carrying of a handgun

on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
on the premises of a polling place on the day of an election or while early voting is in progress;
in any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
on the premises of a racetrack; or
into a secured area of an airport.

....

The term "premises" as used in section 46.035 "means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area."

http://www.txdps.state.tx.us/RSD/CHL/Legal/ago.htm

Therefore, if there is a polling place inside the mall, the entire mall is off limits.

I think you are wrong about the entire mall. I sometimes work in a building where Homeland Security is also located. I don't believe the entire building is off -limits for CHLs.

I am sure I read somewhere, but don't know exactly where, that for polling places, you cannot carry past the signs the mark the area that you cannot campaign in.

[wgoforth]

I asked the Captn about this at instructor training. I asked because Hastings and other stores do early voting in these businesses. Keep in mind you also are to have phones turned off in polling places....can you imagine trying to enforce that in a store? He said no, that though they may have voting in those places, that they are not locations established for or rented for the purpose primarily of voting. I too heard the 100 foot rule per the no campaign signage, but though I found it specified for other states, I could not find anything more perzact than "polling area."

[RPB]

I asked the Captn about this at instructor training. I asked because Hastings and other stores do early voting in these businesses. Keep in mind you also are to have phones turned off in polling places....can you imagine trying to enforce that in a store? He said no, that though they may have voting in those places, that they are not locations established for or rented for the purpose primarily of voting. I too heard the 100 foot rule per the no campaign signage, but though I found it specified for other states, I could not find anything more perzact than "polling area."

Thanks, you make a good point.
My Uncle voted in a United Grocery Store, like a Randalls/HEB/Kroger ... I figured ok, no carry to get milk that week ... but they'd all need to turn off their cell phones on entering the store, even if they weren't there to vote, but needed bacon ... that makes it clearer that the "polling area" and where the signs are boundary make sense, but no one is going to check all "cell phones" to see if they are turned off in a mall/grocery store ... ... I suppose

[Jumping Frog]

I think I've answered my own question....

The term "premises" as used in section 46.035 "means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area."

Therefore, if there is a polling place inside the mall, the entire mall is off limits.

Seems like you are reading the first part of the phrase but not the second part of the phrase: ". . . means a building or a portion of a building . . ."

[Kythas]

I think I've answered my own question....

The term "premises" as used in section 46.035 "means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area."

Therefore, if there is a polling place inside the mall, the entire mall is off limits.

Seems like you are reading the first part of the phrase but not the second part of the phrase: ". . . means a building or a portion of a building . . ."

I would think a DA who is gung ho to prosecute could argue either side of that "or".

[chandler583]

I always felt that the best way to avoid legal recourse is to avoid the gray areas entirely. Most polling places around here are set up in churches, so I would consider the whole church off limits. However, in the case like the mall or grocery store, I would consider the little area/room marked off as a polling place to be the no carry zone. There hasn't been a case that would set the standard for this and the law is very ambiguous about this, so I wouldn't risk it. Just avoid those places today.

[Keith B]

I always felt that the best way to avoid legal recourse is to avoid the gray areas entirely. Most polling places around here are set up in churches, so I would consider the whole church off limits. However, in the case like the mall or grocery store, I would consider the little area/room marked off as a polling place to be the no carry zone. There hasn't been a case that would set the standard for this and the law is very ambiguous about this, so I wouldn't risk it. Just avoid those places today.

Why would you consider the whole church off limits? If there is a separate area (say fellowship hall) where the voting is being conducted, and you had a separate entrance for the portion of the building you were going into, then it would be no different.