Michigan Open Carry, Inc.

Open Carry Specific => OC Experiences => Topic started by: emt805 on November 02, 2010, 02:43:49 PM

Title: Interruped while voting!
Post by: emt805 on November 02, 2010, 02:43:49 PM
Was ocing my Srpingfield XD 40 while voting today, walked in to the fire dept where voting takes place and filled out the little card and gave them my id then marked it off the list and gave me the ballet I was the only one in line for township but there was about 20 people in the room consisting of officials and other voters, I walked up to a voting booth on the end with my pistol facing the entrence. after getting to the second bubble to fill in I was approached from behind and told that I needed to take my gun to my car, I informed her I was openly carrying and that was not true and I am legal, she then asked if I was I cop I said no she asked if that was a gun I said yes, she informed me she was on the phone with the sheriffs office and they were telling her it was illegal to carry a firearm while at a polling location. She then informed me that since I was not taking it to my car that I had to cover it up with my sweater, I informed her that she was being misinformed by the sheriffs office she is on the phone with. She leaves and I finish voting maybe taking three minutes as I know who I wanted to vote for and did not bother to vote for those that are the only choice. I turn around walk 20 feet turn in my ballet to the maching and start walking to the door where I pass a room filled with about 3 women huddled together on the phone with I assume the sherriffs office  I paused it indeed was the woman who approached me from behind and another lady by the door whom I stopped and discussed with her briefly maybe 4 minutes the new MSP legal update that I was carrying as well as a few MOC tri folds she took them and said she would look into it. The other woman was still on the phone as I was walking out the door. Looks like it is time to file a FIOA and educate the sherriffs office on the legality of open carry.


Yes the voting location was the fire dept, no it is not attached to a police dept, court, police station, or anything of the such just the VOL' fire dept.
Title: Re: Interruped while voting!
Post by: jeffsayers on November 02, 2010, 03:40:54 PM
>:(
Please send your story to Sherriff Jim Bosscher, Chair MCOLES. He assured us that everylaw enforcement officer in Michigan has been trained on the legality of firearms possession. These people that try to illegaly bend our arms need to have the egg on their faces exposed.
>:(
Title: Re: Interruped while voting!
Post by: emt805 on November 02, 2010, 03:45:19 PM
I knew I was within the law, it is always good to hear it from others as well, figures I left my recorder in the car thinking I had one on my phone but it happened so fast and I was more concerned about getting my ballet filled out and put in the machine to be counted rather than being told to leave and have it disposed of.

After she interrupted me that first time I felt rushed let alone she was not quite talking softly. All the information she was getting was from the Sherriffs dept who prob had it called in as a mwag or cc with a gun exposed so I;m sure they where just going by the information they got from here after seeing a pistol. I had already filled in two bubbles when she approached me when she was about two feet away I acknowledged her.


Also I did make a statement that why would someone attempt to carry illegally as when I checked in I gave you my id and you checked of my name and address on the check in sheet so you have that information it's not like someone would get far if they attempted anything funny if they are there to vote legally.
Title: Re: Interruped while voting!
Post by: jeffsayers on November 02, 2010, 03:54:12 PM
Dog gone it, I don't care how it was called in to them. They need to get facts straight before declaring someone a criminal. If it was called in as a MWAG, and they said you were hostile they should have sent a car ASAP. Given that that didn;t happen, we can pretty much rule that out. If it was called in as a CPL exposing inadvertantly, they should have told the caller to turn their head.

I guess my point is that either MCOLES LIED to us, or we have a lot of LEO's running around that should have failed their exams!

We need to call someone's bluff!
Title: Re: Interruped while voting!
Post by: autosurgeon on November 02, 2010, 04:01:22 PM
The fact that she was working so hard at getting you in trouble tells me that likely she told you what she wanted to... the SD may not have said anything remotely like what she told you.

If you want to know FOIA the call
Title: Re: Interruped while voting!
Post by: jeffsayers on November 02, 2010, 04:03:49 PM
Aw man, you're killing my conspiracy theory! Very good point though.
Title: Re: Interruped while voting!
Post by: BTAvery on November 02, 2010, 04:58:08 PM
Well atleast you got to vote registered apparently 4 days late and now I can't vote. I've lived in this state 18+ years and I miss by 4 days. Seems pretty darn stupid.
Title: Re: Interruped while voting!
Post by: emt805 on November 02, 2010, 05:02:02 PM
Dog gone it, I don't care how it was called in to them. They need to get facts straight before declaring someone a criminal. If it was called in as a MWAG, and they said you were hostile they should have sent a car ASAP. Given that that didn;t happen, we can pretty much rule that out. If it was called in as a CPL exposing inadvertantly, they should have told the caller to turn their head.

I guess my point is that either MCOLES LIED to us, or we have a lot of LEO's running around that should have failed their exams!

We need to call someone's bluff!

I passed the only local car working parked on the far side of town (maybe 3 miles) on my way in to vote, while I was out of the fd parking lot and on the main road he was coming towards the fd but turned opposite it on the street before hand and that is the last I saw of the leo. Does the FOIA have to be mailed in or can I stop by the office with the letter in hand and drop it off? Of couse I would be ocing my holster and extra mags while doing so. The sheriffs dept is attached to an old jail they stopped using a few years back but I do not want to chance that.
Title: Re: Interruped while voting!
Post by: autosurgeon on November 02, 2010, 06:18:30 PM
You can hand it in if you like.. Did you find the Sample FOIA letter in the OC Questions Section?

Also you can carry legally in a SD lobby area just not the secure part even with an attached jail.
Title: Re: Interruped while voting!
Post by: emt805 on November 03, 2010, 02:21:01 AM
You can hand it in if you like.. Did you find the Sample FOIA letter in the OC Questions Section?

Also you can carry legally in a SD lobby area just not the secure part even with an attached jail.

Here is a draft of the FOIA letter I will hand in, let me know about and suggestions on changes. It's no longer used for a jail but storage I think. The sheriff's office has it's own enterance, usually staffed with three or four officers behind the desk, to this date I have not seen a no firearms sign on any of the doors when filling out paperwork for my cpl.
Yes I will add my correct name and address before handing it in.
How do I get in contact with Sherriff Jim Bosscher, Chair MCOLES about this event?

Date: 11/02/2010

VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED

FOIA COORDINATOR
Lenawee county Sheriff
405 N. Winter St.
Adrian, MI 49228

FOIA Request

Dear FOIA Coordinator:

On November 2, 2010 at approximately 02:00 PM, Lenawee County sheriffs office was contacted by Blissfield voting officials about a person openly carrying a firearm while voting. The voting officials stated they became informed that it was not legal to carry a firearm at a polling booth.

Pursuant to the Michigan Freedom of Information Act, MCL §15.231, I am requesting copies of documents relating to the aforementioned incident including:

Any and all recordings of radio communications related in any way to the dispatch, response, or request for assistance by the officers involved with the incident;

Any and all video recordings of the incident, including patrol car video;

Any and all documents that identify the officers dispatched to the scene as a result of the incident, including the police report; roll call rosters; vehicle logs; and, audio recordings;

Any and all emails, memos, letters and/or other correspondence between employees of the Lenawee county sheriffs office and any other person regarding the incident.

Should the cost for researching, compiling and copying the requested information exceed $30.00, please inform me of the anticipated cost, and provide me with a time and place for a physical inspection of the requested information before researching, compiling or copying the requested information.

Please respond to this request by replying to the following address:

You Yourself
123 Anystreet
Whatever City, MI 48484
313-555-5555

I appreciate your anticipated cooperation with this request. If you have any questions, please do not hesitate to call me at the number above.

Sincerely,

Title: Re: Interruped while voting!
Post by: jeffsayers on November 03, 2010, 09:01:56 AM
How do I get in contact with Sherriff Jim Bosscher, Chair MCOLES about this event?

Michigan Commission on Law Enforcement Standards
Sheriff James Bosscher, Chair
106 W. Allegan, Suite 600
Lansing, Michigan  48909

msp-mcoles@michigan.gov
Telephone: 517-322-1417

Note that David L. Harvey was appointed to the new Executive Director position on September 15th 2010; you may want to copy him as well. Also, if you like you could ask MOC President Scott Webb for a copy of the letter from MCOLES to include with yours.
Title: Re: Interruped while voting!
Post by: JoeCar on November 03, 2010, 09:15:21 AM
Thanks for having the courage to exercise your Right, despite the horror it caused to the uninformed! I was thinking about doing the same at my voting poll inside Lake Fenton high school. Unfortunately, i don't have your braveheart zeal. Hopefully, another time. Keep up the good fight!
Title: Re: Interruped while voting!
Post by: emt805 on November 03, 2010, 03:36:45 PM
Just left the local paper after speaking to a reporter about this issue, said he will call the county clerk and get some information from her about firearm laws and voting then contact me if they are doing a story or what not
Title: Re: Interruped while voting!
Post by: Bronson on November 03, 2010, 07:18:15 PM
he will call the county clerk and get some information from her about firearm laws and voting

Chances are the clerk will give the reporter incorrect or outright bogus information.

Bronson
Title: Re: Interruped while voting!
Post by: scot623 on November 03, 2010, 10:47:02 PM
Just left the local paper after speaking to a reporter about this issue, said he will call the county clerk and get some information from her about firearm laws and voting then contact me if they are doing a story or what not

Let us know if/when the news story comes out. I'll link it on our facebook page.
Title: Re: Interruped while voting!
Post by: emt805 on November 04, 2010, 02:57:26 AM
he will call the county clerk and get some information from her about firearm laws and voting

Chances are the clerk will give the reporter incorrect or outright bogus information.

Bronson

I forgot to mention that I aslo dropped off the new legal update and MOC tri fold when I spoke to him. I got a call back two hours later saying they will do a short story about it, as for content I do not know what will be in the story but will post a link after I find out when it runs.
Title: Re: Interruped while voting!
Post by: CV67PAT on November 04, 2010, 09:56:10 AM
Maybe the Media Director should be involved with this. He probably would be better prepared to disseminate the information to more than just the one media outlet.
Title: Re: Interruped while voting!
Post by: autosurgeon on November 04, 2010, 01:59:42 PM
Maybe the Media Director should be involved with this. He probably would be better prepared to disseminate the information to more than just the one media outlet.

Thats a good idea Pat!
Title: Re: Interruped while voting!
Post by: emt805 on November 06, 2010, 09:08:02 AM
The article is out today in the Adrian Daily Telegram with the title " Poll workerss to be told about gun laws" I am not able to find it on their website http://www.lenconnect.com/
Nor am I able to find it on their facebook page but maybe it's just too early in the day to be posted on the web. There is more in the article than I expected but it does state that schools are always a pfz with or without a cpl yes an email is on it's way to have that corrected. It also does not say I was ocing. I was informed it would be a small article but its fair size maybe 1/8 page





Maybe the Media Director should be involved with this. He probably would be better prepared to disseminate the information to more than just the one media outlet.
My story is posted here if the media director knows of other media outlets that it should be directed towards I would not mind it being shared to help inform the public about oc and gun laws.
Title: Re: Interruped while voting!
Post by: emt805 on November 06, 2010, 02:07:21 PM
http://www.lenconnect.com/newsnow/x1951115236/Election-inspectors-to-be-told-about-firearms-laws
Title: Re: Interruped while voting!
Post by: khicks on November 07, 2010, 06:50:57 PM
i do belive the reporter is wrong, during the time the polls are open, it is my undersatnding that, the right to vote over rides  pfz laws
Title: Re: Interruped while voting!
Post by: CV67PAT on November 07, 2010, 09:19:27 PM
Maybe the Media Director should be involved with this. He probably would be better prepared to disseminate the information to more than just the one media outlet.

And he probably would have been better prepared to properly disseminate accurate information to this one media outlet.

This is precisely why we have a Media Director in MOC. It does no good to have inaccurate information promulgated.

Even if a correction is printed, it will not receive the attention that this inaccurate information has received.
Title: Re: Interruped while voting!
Post by: emt805 on November 08, 2010, 02:38:52 AM
And he probably would have been better prepared to properly disseminate accurate information to this one media outlet.
This is precisely why we have a Media Director in MOC. It does no good to have inaccurate information promulgated.
Even if a correction is printed, it will not receive the attention that this inaccurate information has received.

The reporter had the corect information. I am guessing he took the word of the Prosecuting Attorney over the information I pointed out on the msp legal update that I left with him.
Title: Re: Interruped while voting!
Post by: CV67PAT on November 08, 2010, 09:06:41 AM
It's more than just dropping off a leaflet. The MOC has highly experienced individuals that are knowledgeable in the discussion of these matters to ensure that accurate information is not only provided, but also understood. This could preclude the interviewer from taking the word of another.

These resources are available to everyone. They should be utilized whenever practical.
Title: Re: Interruped while voting!
Post by: ocdetroit on November 08, 2010, 06:27:09 PM
++ I heare that and i understand it. I will seek help. Carry On.
Title: Re: Interruped while voting!
Post by: BailEnforcer on April 30, 2011, 08:52:57 AM
I know this thread is old but I’ve been away for a while and wanted to chime in on the subject.

Actually possessing a firearm in a voting booth is against federal law; when I lived in New England I worked the polls at a few elections as a polling manager and that was one of the topics covered in the training material each time; I just don’t remember the cite for it.  Unless something has changed since I last worked the polls in 2000.

On the other hand no one is supposed to approach you while your voting unless you ask for assistance; and for her to ask you to go place you weapon in your vehicle; I assume she wanted you to stop voting go put it away and then come back to finish the process, for her to do so was a criminal act and it would have invalidated your ballot preventing you from casting your votes.  You would not have been given a new ballot either.
Title: Re: Interruped while voting!
Post by: northofnowhere on April 30, 2011, 09:35:53 AM
cite please or it didn't happen!  (plus I really want to see it)
Title: Re: Interruped while voting!
Post by: autosurgeon on May 01, 2011, 08:58:54 PM
I know this thread is old but I’ve been away for a while and wanted to chime in on the subject.

Actually possessing a firearm in a voting booth is against federal law; when I lived in New England I worked the polls at a few elections as a polling manager and that was one of the topics covered in the training material each time; I just don’t remember the cite for it.  Unless something has changed since I last worked the polls in 2000.

On the other hand no one is supposed to approach you while your voting unless you ask for assistance; and for her to ask you to go place you weapon in your vehicle; I assume she wanted you to stop voting go put it away and then come back to finish the process, for her to do so was a criminal act and it would have invalidated your ballot preventing you from casting your votes.  You would not have been given a new ballot either.


ahhhhh no my guess is there will be no CITE as you cannot CITE what is not in the law.
Title: Re: Interruped while voting!
Post by: smellslikemichigan on May 02, 2011, 10:54:04 AM
i agree, polling places are addressed on a state-by-state basis
Title: Re: Interruped while voting!
Post by: Christian Patriot on May 02, 2011, 01:14:28 PM
So.... Yes or no... Is there a federal law prohibiting firearms at a voting station?

Daniel
Title: Re: Interruped while voting!
Post by: BailEnforcer on May 05, 2011, 07:00:21 PM
So.... Yes or no... Is there a federal law prohibiting firearms at a voting station?

Daniel

I've been trying to find the information again but have been unable to locate it.  All I remeber from when I worked the polls back in the 90's and in 2000 we where told that Federal Law prohibited possession of Firearms at polling places during elections.  It sticks out in my mind because I was pissed that I had to secure my weapon in my car while working the polls.  It was the first time I had ever left my weapon unatended in my car.

Back then I never followed up on the claim and only took the word of the Elections Division that was giving the training.  They may very well have been blowing smoke.

Title: Re: Interruped while voting!
Post by: ocdetroit on May 05, 2011, 09:58:40 PM
Thanks
Title: Re: Interruped while voting!
Post by: Bronson on May 06, 2011, 04:29:20 AM
Back then I never followed up on the claim and only took the word of the Elections Division that was giving the training.  They may very well have been blowing smoke.

Could it have been that you, as a polling place worker, were not allowed to carry a firearm?

Bronson
Title: Re: Interruped while voting!
Post by: BailEnforcer on May 06, 2011, 01:28:04 PM
Could it have been that you, as a polling place worker, were not allowed to carry a firearm?

Bronson

eh' Could be