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As our viewers know, almost every election cycle, we put out an article that reviews the general right to carry a firearm, while voting, and location limitations. The most recent one was: Primary Election on May 16, 2023: Carrying a Firearm While Voting – It’s Political Speech and It’s Lawful!
Today, I became aware that PA Attorney General Michelle Henry has put out false information regarding voting while carrying a firearm. Specifically, on the Voting and Election Information sub-page of her webpage, under the section “Firearms inside a polling place,” it specifies that “[f]irearms cannot be brought into polling places which are…[1] inside a private property forbidding them; [2] a school; [3] a courthouse; or [4] any other location where Pennsylvania law prohibits the carrying of firearms.”
First, in relation to “inside a private property forbidding them,” municipalities are generally, pursuant to 25 P.S. § 2727, required to utilize public, not private, property. However, regardless of whether a the property is public or private, it is under the control of the County Board of Elections during the election (see generally, 25 P.S. § 2726, et seq) and our state firearm preemption statute – 18 Pa.C.S. § 6120 – prevents all forms of local government, including counties, from regulating, in any manner, firearms and ammunition. However, even absent our preemption statute, as the public officials may not “deny or impede[] another in the exercise or enjoyment of any right, privilege, power or immunity” (18 Pa.C.S. § 5301), counties and their county officials are likewise prohibited from disenfranchising one’s right to vote, merely because the individual is carry a firearm. And this applies, in this context, against private property owners, where the private property is being used for a government function (i.e. polling); as otherwise, a Church could preclude anyone of the Jewish or Muslim faith from voting on its property, even though it is the designated polling location; or the YWCA could preclude men from voting on their property; or any location, regardless of public or private, could preclude someone for wearing a shirt with a political slogan in support or opposition of a particular Party. Moreover, as I reviewed in a recent article, there are numerous criminal offenses, including for law enforcement officers, who disenfranchise an individual by precluding that individual from voting.
Second, in relation to state courthouses, we review both of those locations in our general article on carrying a firearm while voting. While I will not go into all the specifics, contrary to Attorney General Henry’s statement, it is not unlawful to bring a firearm into a state courthouse, even if it is a polling location, as state courthouses are required to provide lockers to anyone bringing in a firearm. This includes state courthouse from the magisterial district level up to the Pennsylvania Supreme Court and everything in-between. Please note however that all federal property, including federal courthouses, are off-limits for firearms.
Third, in relation to schools, once again, Attorney General Henry fails to address the defense of “other lawful purpose,” which I litigated in Commonwealth v. Goslin. You can read more about what all you should know about the Goslin decision in our general article on carrying a firearm while voting.
I cannot stress enough how important it is to vote, regardless of whether or not you carry a firearm. While I believe voting while carrying a firearm is a political statement, the failure of so many citizens to become involved in the political process may result in us losing our right to make any political statement, as evidenced by the current state of our Union.
If you, a family member or someone you know is precluded from voting, while carrying a firearm,, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.We cannot let our Rights be eroded by ignorance. Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.
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