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Re: 100 foot rule of elections

Posted: Sun Jun 03, 2012 11:58 pm
by rm9792
wgoforth wrote:I know all material I have read on this has specified no CHL 100 feet from elections. At DPS Instructor Training they said the same warning that says no campaigning beyond this line is the 100 foot for guns too. I can only find in the Texas Penal Code no CHL on PREMISES of where elections are held on day of elections. Yet, the 100 foot is in too many articles to have been made up. Is there anywhere in the penal code that specifies 100 feet for polling centers?
The flaw in your logic "Yet, the 100 foot is in too many articles to have been made up." Journalists are lazy now a days and you will find they just run around copying each other a lot. Do a phrase search in Google and see how many "local" papers and networks use the exact same phrases and pics. You did the right thing by researching it yourself. I have found out how many people have no clue about laws and regualtions simply by looking things up myself.

Re: 100 foot rule of elections

Posted: Mon Jun 04, 2012 12:06 am
by speedsix
wgoforth wrote:
MoJo wrote:Since no one can find a reference to this in either the CHL statutes or the election statute let's all just leave our guns in our vehicles go vote then go to Dairy Queen for a Blizzard®. Concealed is concealed and if you act right nobody is going to suspect or know there is a gun in your vehicle.
Oh I absolutly agree, I just like to figure where the 100 ft rule even came from. At least with "no church carry" I understand their confusion. It once was law, but later amended. We were told 100 feet at Instructor training, I hear and see that repeated everywhere... now trying to find what the basis for it is.


...why waste time looking for the origin of an error...the election code doesn't deal with carrying weapons...the penal code does...and tells us "premises" and that premises means the same here as in 46.035...which means building or portion thereof and does NOT include street, sidewalk, parking lot...among other things...

...since the penal code is what we're dealing with...it's clear...if the election laws had anything more stringent, it would have been reflected in the penal code..."he said" and "they say" are the biggest liars in the world...go back to the written law and you're good to go...

...if there was anything...she missed her chance here http://www.sos.state.tx.us/elections/la ... 0-09.shtml" onclick="window.open(this.href);return false; but if you call her to ask, she might GET something and really appreciate the suggestion... :grumble

Re: 100 foot rule of elections

Posted: Mon Jun 04, 2012 3:50 am
by Bullwhip
Is it just me or does all this make the law seem even more stupid.

Schools churches pollin gplaces, who really cares? Nothing special about any of those places, we could all carry guns there if we wanted to but we try to obey the law. Criminals dont' care about the law they carry anyway.

Lets quit arguing about the law and change it, most states don't' ban carry in polling places.

Re: 100 foot rule of elections

Posted: Mon Jun 04, 2012 8:23 am
by wgoforth
Bullwhip wrote:Is it just me or does all this make the law seem even more stupid.

Schools churches pollin gplaces, who really cares? Nothing special about any of those places, we could all carry guns there if we wanted to but we try to obey the law. Criminals dont' care about the law they carry anyway.

Lets quit arguing about the law and change it, most states don't' ban carry in polling places.
Where do you find that most states don't ban in polling places?? When I was trying to research any possible laws in Texas, I found specific Penal Codes for many states as well as election codes. BTW... churches don't belong in your catagory with schools and polling places, as churches are not stautorily banned. This may not be significant for you, but as election judge/clerk, it is important for me to know the actual law on this.

Edit: I just did a google search with phrase "Ban carrying handgun polling places" and then tried various states at random. Every state I put in came back with articles showing state bans. What states do you know that don't? Ones I tried were WI, GA, TN, KS, Miss, IN, AZ. All I searched for banned.

Re: 100 foot rule of elections

Posted: Mon Jun 04, 2012 10:07 am
by MoJo
wgoforth wrote:
MoJo wrote:Since no one can find a reference to this in either the CHL statutes or the election statute let's all just leave our guns in our vehicles go vote then go to Dairy Queen for a Blizzard®. Concealed is concealed and if you act right nobody is going to suspect or know there is a gun in your vehicle.
Oh I absolutly agree, I just like to figure where the 100 ft rule even came from. At least with "no church carry" I understand their confusion. It once was law, but later amended. We were told 100 feet at Instructor training, I hear and see that repeated everywhere... now trying to find what the basis for it is.
Putting on my sneakers and cardigan and in my best Mr. Rogers imitation - - - Can you say "Urban Legend." First, Bob says something, Chuck writes it in the newspaper, Sam reads it and thinks, "that's a good idea." Sam tells Mary he read it in the newspaper, Mary tells Sally it should be a law, Sally posts on Facebook about this new law - - - That's how it goes.

First wgoforth asks a question on the CHL Forum . . . . . ;-)

Re: 100 foot rule of elections

Posted: Mon Jun 04, 2012 10:23 am
by wgoforth
MoJo wrote:
wgoforth wrote:
MoJo wrote:Since no one can find a reference to this in either the CHL statutes or the election statute let's all just leave our guns in our vehicles go vote then go to Dairy Queen for a Blizzard®. Concealed is concealed and if you act right nobody is going to suspect or know there is a gun in your vehicle.
Oh I absolutly agree, I just like to figure where the 100 ft rule even came from. At least with "no church carry" I understand their confusion. It once was law, but later amended. We were told 100 feet at Instructor training, I hear and see that repeated everywhere... now trying to find what the basis for it is.
Putting on my sneakers and cardigan and in my best Mr. Rogers imitation - - - Can you say "Urban Legend." First, Bob says something, Chuck writes it in the newspaper, Sam reads it and thinks, "that's a good idea." Sam tells Mary he read it in the newspaper, Mary tells Sally it should be a law, Sally posts on Facebook about this new law - - - That's how it goes.

First wgoforth asks a question on the CHL Forum . . . . . ;-)
Here is what I am beginning to think... google "No firearms 100 feet of polling centers." You will find many states where that is in the penal code specifying the distance. Texas does not. I am guessing it is so common in other states that it is assumed this is a federal law of some sort.

Re: 100 foot rule of elections

Posted: Mon Jun 04, 2012 10:31 am
by MoJo
There you go. Ask almost any bank employee if CHL is legal in their bank and they will tell you "no it's a federal law." They aren't allowed to carry by their employers so no one else can "Federal Law" To my knowledge there ain't no such law - - - I have searched.

Re: 100 foot rule of elections

Posted: Mon Jun 04, 2012 10:34 am
by wgoforth
MoJo wrote:There you go. Ask almost any bank employee if CHL is legal in their bank and they will tell you "no it's a federal law." They aren't allowed to carry by their employers so no one else can "Federal Law" To my knowledge there ain't no such law - - - I have searched.
Correct, there isn't. Some think it due to FDIC, which is insurance. By that, if I had Federal Flood Insurance on my home, I couldn't carry here either! I dunno about "almost any" though.... I know a lot of pro-CHL bank employees, and some who have a CHL. I spoke with the branch manager of one here and shewas telling me her husband had one and we are welcomed.

Re: 100 foot rule of elections

Posted: Mon Jun 04, 2012 3:54 pm
by fickman
wgoforth wrote:
Mike1951 wrote:As I said, I referenced the campaign signs.
Uh.... ok?
I believe he means that the campaign signs must be 100' from the "polling place", wherever that is defined as (the booth? the registration table? the door to the room? the door to the premises?). . . so he used the location of the signs as a measuring stick to say, "Somebody has determined that this is at least 100' from the polling place.

I parked outside and left my firearm in the car, but I did have my mobile phone in my pocket. I hope they still count my vote!!! :biggrinjester:

Re: 100 foot rule of elections

Posted: Mon Jun 04, 2012 5:23 pm
by wgoforth
fickman wrote:
wgoforth wrote:
Mike1951 wrote:As I said, I referenced the campaign signs.
Uh.... ok?
I believe he means that the campaign signs must be 100' from the "polling place", wherever that is defined as (the booth? the registration table? the door to the room? the door to the premises?). . . so he used the location of the signs as a measuring stick to say, "Somebody has determined that this is at least 100' from the polling place.

I parked outside and left my firearm in the car, but I did have my mobile phone in my pocket. I hope they still count my vote!!! :biggrinjester:
I can tell you what most do...is just stick the sign wherever it is convenient. It is 100 feet, but often not a place to put the sign at exactly 100 feet. In pocket is fine for the phone, but supposed to be turned off. If someone refuses to, we do call the police if they will not leave.

Re: 100 foot rule of elections

Posted: Mon Jun 04, 2012 11:28 pm
by Mike1951
fickman wrote:
wgoforth wrote:
Mike1951 wrote:As I said, I referenced the campaign signs.
Uh.... ok?
I believe he means that the campaign signs must be 100' from the "polling place", wherever that is defined as (the booth? the registration table? the door to the room? the door to the premises?). . . so he used the location of the signs as a measuring stick to say, "Somebody has determined that this is at least 100' from the polling place.

I parked outside and left my firearm in the car, but I did have my mobile phone in my pocket. I hope they still count my vote!!! :biggrinjester:
I made three references to staying outside the perimeter formed by the signs. Only in the last sentence did I "BTW, I thought it was".

I guess they didn't read the rest of my post.

Re: 100 foot rule of elections

Posted: Tue Jun 05, 2012 6:52 am
by Jumping Frog
wgoforth wrote:Where do you find that most states don't ban in polling places?? When I was trying to research any possible laws in Texas, I found specific Penal Codes for many states as well as election codes. BTW... churches don't belong in your catagory with schools and polling places, as churches are not stautorily banned. This may not be significant for you, but as election judge/clerk, it is important for me to know the actual law on this.

Edit: I just did a google search with phrase "Ban carrying handgun polling places" and then tried various states at random. Every state I put in came back with articles showing state bans. What states do you know that don't? Ones I tried were WI, GA, TN, KS, Miss, IN, AZ. All I searched for banned.
Ohio does not explicitly ban carrying in a polling place.

However, Ohio does prohibit carrying in government buildings, schools and churches, so that already kills about 99% of the polling places.