Guns, Polls and Geese: A Lawyer's Lessons
Let us contend with each other to form a more perfect union. But leave weapons and yelling at home or use them to defend legitimate access to the polls, not to discourage or intimidate others from voting.
November 02, 2020 at 01:29 PM
3 minute read
Under Georgia law, any person who is not prohibited by law from possessing a handgun or long gun may have or carry any handgun, provided that it is enclosed in a case and unloaded. (Ga. Code Ann. § 16-11-126). And the firearm "case" can be a holster. But, among a list of places, one may not carry a gun into a state polling location or brandish that firearm—meaning use it in a threatening manner against another person in such a way that the person's life is in danger, or risks bodily harm or in a manner considered to be violent.
So, what of the people who choose to openly carry a gun near a polling place who are in compliance with all provisions of Georgia law? They have broken no rules, violated no laws and harmed no one, according to the law. Yet, somehow some feel this behavior is "threatening" and "offensive." And the same can be said of those that stand outside the boundary of a polling place with signs and yell at the "opposition." What of them? What of this "vitriol?" "Nothing you can do about it," we say. "Keep it moving," we mumble.
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