Can you bring your gun to vote Tuesday? Yes…and no.

(WIAT 42 News 2014 Copyright)

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.

To view the attorney general’s opinion, click here.

(Copyright WIAT 42 News 2014)

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