SHELBY COUNTY, Ala. (WIAT) — John David Murphy is one of three men in Shelby County who brought a gun to his polling place last month.
Murphy is prepared to try again Tuesday.
“Yeah, at least trying,” Murphy said.
This week, Attorney General Luther Strange issued a statement regarding guns in polling places. He said a county commission cannot prohibit firearms at a polling place, but “…private property owners may prohibit firearms on private property being utilized as a polling place.”
Birmingham attorney Daniel Burnick explains.
“Even though it’s being used as a polling place, it remains private property,” Burnick said. “A private property owner can ban guns on their property if they put up a sign that says guns are not allowed.”
In Burnick’s opinion, if no sign is posted at a church polling place, a voter can bring his gun. However, local law enforcement may not agree.
Murphy said he is not willing to go to jail on principle.
“Oh, no, I would never do that,” Murphy said. “It’s not worth it for anybody to do that.”
Brunick advises voters to use common sense.
“If a police officer asks you not to do something, don’t do it,” Burnick said. “Unless you want to be the test case.”
Burnick said it might take a few test cases and a court’s opinion to put an end to the confusion. The Alabama Sheriff’s Association is asking the Attorney General’s Office for clarification before Tuesday’s vote.
(Copyright WIAT 42 News 2014)