Gun rights activist John David Murphy stands outside his voting precinct with his firearm in Alabaster, Ala., on Tuesday, June 3, 2014. Murphy ignored a "no weapons" sign and entered to vote in Alabama's party primary with his weapon in his holster, but a deputy who made the man disarm before casting his ballot. (AP Photo/Jay Reeves)
An Alabama gun rights supporter who took a loaded pistol to the polls Tuesday got to vote, but only after putting the weapon in his pickup truck.
John David Murphy wore his holstered 9 mm handgun and two ammunition magazines into First United Methodist Church of Alabaster when he went to vote in the Republican primary.
The church, like other precincts, had a sign in the door saying firearms are prohibited. But Murphy told a poll worker that his constitutional right to openly carry a weapon trumps a state law allowing guns in public places unless a sign is posted.
A poll worker called a Shelby County deputy, who made Murphy put the gun in his truck outside before voting. City police arrived as a precaution and left after Murphy left the polling place.
"The church, like other precincts, had a sign in the door saying firearms are prohibited. But Murphy told a poll worker that his constitutional right to openly carry a weapon trumps a state law allowing guns in public places unless a sign is posted."
ReplyDeleteA sign was posted. Just proving these gun loons will break the law simply because THEY think the law is unconstitutional. Plain and simple, he is a criminal.
This raises an interesting question. If a private venue that bans firearms chooses to become a venue as a polling place, does it then become a public venue? I'm not up on Alabama state law, does anyone know of a specific prohibition of carrying at polling places. It does mention in the article that other precincts had similar signs which would suggest that, unless the precincts were posted illegally.
ReplyDeleteI was able to legally carry when voting during the last election. However, my precinct was not a location prohibited by law.
And you were carrying concealed, right?
DeleteCarrying concealed is my personal preference, though it isn't required with a Minnesota carry permit. And I'm presuming that if my local precinct had been located in say the school, it would have defaulted to no carry allowed since schools are specifically prohibited in the permit law.
DeleteMy precinct happens to be in the city hall.
Looks like the sheriff and judge might have overstepped their bounds a bit.
ReplyDelete"Alabama Gun Rights Inc. is securing legal representation for John David Murphy in response to authorities refusing him entry into the First United Methodist Church in Alabaster during the primary election because he openly wore a holstered pistol on his belt.
"There is no authority for either the probate judge or the sheriff to engage in the conduct that they engaged in," George Owens, the organization's director of legislative affairs and public policy, said in a phone interview this afternoon.
Alabama Gun Rights Inc. wants to know if Curry and Fuhrmeister will admit "they simply exceeded their authority and they're either going to rescind the policy of their own admission ... or we're going to get a judge who will tell them that what they have done is unlawful," Owens said. "We are prepared to take this to court. We are going to defend Mr. Murphy."
http://blog.al.com/spotnews/2014/06/gun-rights_group_challenging_s.html
And it looks like this wasn't the only place where it happened, though the other places were actually willing to recognize they had messed up.
"CHAMBERS COUNTY, Alabama -- After Chambers County voters complained, the sheriff removed 'no guns allowed' signs from most polling places today.
According to a post on the Chambers County Sheriff's Department Facebook page, Sheriff Sid Lockhart and Judge Brandy Clark Easlick met and determined that state law didn't prohibit guns from being carried into polling places.
Signs were later removed, according to the post."
http://www.al.com/news/montgomery/index.ssf/2014/06/guns_allowed_in_polling_places.html
Good. The more they defend bullying idiots like Mr. Murphy, the better it is for our side. Open carry does more harm than good for gun rights, especially when they act pushy and demanding. The in-you-face aspect of gun rights is a loser for you guys. Anyone with half-a-brain knows this.
DeleteAs I cited above, there is no legal grounds to post such a sign, which speaks to the casual attitude of their misuse of government authority. One county, when confronted with these facts did the right thing and took down the illegal signs.
DeleteAll they are looking for in this legal action is for the county government to acknowledge they were wrong, or have a judge officially infom them of that.
Mike " especially when they act pushy and demanding." You leftist zealots are the ones pushing and demanding that everyone's natural rights be further infringed upon by the government to further your Marxist agenda.
DeleteNatural rights?
DeleteWhat a laugh.