Can you take your firearms to polls while you vote? Here's what Texas law says
FORT WORTH – Election officials across the country are boosting their safety and security efforts ahead of Election Day, following reports of assaults and other threats at polling locations around the country.
While many polling locations are often at places where firearms aren't ordinarily prohibited under current Texas gun laws, including churches, governmental buildings and libraries, if voting is taking place those locations, firearms and other weapons in these locations are banned.
Kirk Evans, attorney, gun law expert and president of U.S. LawShield confirmed that includes any building or structure where voting related activites are occurring.
"There are severe penalties for taking a firearm to a polling place in violation of the law," said Evans while adding that the penalties could be severe. "It is a felony in Texas, punishable by [up to] 10 years in prison and up to a $10,000 fine," he added.
Evans said the law might come as a surprise to gun owners adhering to concealed carry laws, as the same guidelines do not apply.
"There are still many prohibited places in Texas where you cannot bring a firearm, even though we passed constitutional, permit less carry, and polling places are one of them," he added.
While poll workers and other election staff including security are also prohibited from carrying firearms, Evans said there is an exception for peace officers and certain, appointed election judges.
"That exception is very narrow and varies, depending on where the polling place [is located]," clarified Evans, who said duly appointed election judges who want to carry a firearm on Election Day should consult an attorney.
The law also does not apply to certified peace officers across Texas, either on or off duty.
No previously pending legislation to allow firearms at elections has been successfully signed into law.
"This is the first presidential election since we passed permitless carry or constitutional carry [laws]," added Evans, while emphasizing the need for newer gun owners to educate themselves about the law. "Folks may be voting for the first time without having taken a license to carry class and gotten educated on the law," he added. "Gun owners need to leave their firearms in the car before they go to a polling place. "