Polling places

[somedeguy]

Obviously, if your polling place is a school you can't carry.

What about if its at a fire hall? That isn't a state building, no signs posted, etc...  Are there any special restrictions on polling places?

[RetCapt1994]

My polling place is a fire house and there are no signs. I will be carrying as I always do. Remember, out of sight out of mind.

[Cbmarine]

Obviously, if your polling place is a school you can't carry...

Is there something in addition to 11Del C. §1457 that leads you to that conclusion? If it is the No Carry List in this section, there is disagreement. My conclusion is that CC is legal if you have a DE CCDW permit per 18 USC 922q2a-b (p. 213)

[Lumspond]

CBMarine is correct. This issue causes much confusion, and has been debated many times on this forum. I voted in a high school. The ONLY reason I didn't carry is I voted on the way home from work. If I get caught at work with a firearm, I lose my job.

[somedeguy]

Obviously, if your polling place is a school you can't carry...

Is there something in addition to 11Del C. §1457 that leads you to that conclusion? If it is the No Carry List in this section, there is disagreement. My conclusion is that CC is legal if you have a DE CCDW permit per 18 USC 922q2a-b (p. 213)

My understanding was that the AG did not believe it applied.

While I may eventually win in court, I have no desire to possibly get arrested, go to court, lose my job, go bankrupt on lawyers, etc... just to be the test case to finally settle it.

[Cbmarine]

Obviously, if your polling place is a school you can't carry...

Is there something in addition to 11Del C. §1457 that leads you to that conclusion? If it is the No Carry List in this section, there is disagreement. My conclusion is that CC is legal if you have a DE CCDW permit per 18 USC 922q2a-b (p. 213)

My understanding was that the AG did not believe it applied...

Does anyone have documentation on the AG opinion?
The relevant question is: If I am present in a school during an SHTF, what would I say afterward? I didn't carry because I heard that the AG didn't interpret the law as it is written?
I read but couldn't find the quote by Suzanna Hupp who later said about the Killeen TX Luby restaurant massacre that she wished that she had carried her firearm into the restaurant in violation of the then TX law and her parents would be alive even if she was in jail.

Also back in 2013, our legislators in the HB 67 Safe School Zone Act included wording that eliminated the §1442 exemption. We discussed this here. The bill did not pass.

[Obleo]

Doesn't stop me.

[Adrenolin]

Obviously, if your polling place is a school you can't carry...

Is there something in addition to 11Del C. §1457 that leads you to that conclusion? If it is the No Carry List in this section, there is disagreement. My conclusion is that CC is legal if you have a DE CCDW permit per 18 USC 922q2a-b (p. 213)

My understanding was that the AG did not believe it applied.

While I may eventually win in court, I have no desire to possibly get arrested, go to court, lose my job, go bankrupt on lawyers, etc... just to be the test case to finally settle it.

Sorry but a Delaware State-issued conceal carry permit exempts schools. I know of at least a half dozen people with permits who volunteer and work in k-12 schools and carry daily. Please cite where you believe the AG disagrees and where his word Trumps the law here.

§ 1457 Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F felony; class A or B misdemeanor.

(a) Any person who commits any of the offenses described in subsection (b) of this section, or any juvenile who possesses a firearm or other deadly weapon, and does so while in or on a "Safe School and Recreation Zone" shall be guilty of the crime of possession of a weapon in a Safe School and Recreation Zone.

(b) The underlying offenses in Title 11 shall be:

(1) Section 1442. — Carrying a concealed deadly weapon; class G felony; class D felony

§ 1442 Carrying a concealed deadly weapon; class G felony; class D felony.

A person is guilty of carrying a concealed deadly weapon when the person carries concealed a deadly weapon upon or about the person without a license to do so as provided by § 1441 of this title.

[29thInfantry]

CBMarine is correct. This issue causes much confusion, and has been debated many times on this forum. I voted in a high school. The ONLY reason I didn't carry is I voted on the way home from work. If I get caught at work with a firearm, I lose my job.

At my new job you cannot even leave it locked in your car if that was an option that you were willing to take.  They have a policy that they can search your car if it is on company property if they suspect someone has stolen something out of the terminal or if there is another probable cause.  I did not CC to my polling place as I thought that carry on school property was prohibited.

[oldgraygeek]

At my new job you cannot even leave it locked in your car if that was an option that you were willing to take.

There's another law that needs changing. My wife's job has the same policy.

While we're in charge, maybe...?

[Clarence]

CBMarine is correct. This issue causes much confusion, and has been debated many times on this forum. I voted in a high school. The ONLY reason I didn't carry is I voted on the way home from work. If I get caught at work with a firearm, I lose my job.

At my new job you cannot even leave it locked in your car if that was an option that you were willing to take.  They have a policy that they can search your car if it is on company property if they suspect someone has stolen something out of the terminal or if there is another probable cause.  I did not CC to my polling place as I thought that carry on school property was prohibited.

It only illegal under state law to carry illegally in school property.  In that you have a CC license it is not illegal. 

[29thInfantry]

At my new job you cannot even leave it locked in your car if that was an option that you were willing to take.

There's another law that needs changing. My wife's job has the same policy.

While we're in charge, maybe...?

it is my personal property they should not be able to go through it because they feel it necessary to do so because of dishonest people working there.   From what I have understood it is a problem at some of the other terminals but has not been a problem at the one I work at.