IC 3-5-4-4 vs. IC 35-47-9-2

[rockhopper46038]

So, which of these sections of the Code applies when the polling place is in a school? Or could a person voting in a school in violation of 35-47-9-2 be arrested at a later time and place (e.g. not while "coming or going") and be convicted of a Class D felony without contravening IC 3-5-4-4?

Any thoughts?

 

[jedi]

rockhopper46038 it would help if you posted the actual text of this ICs for the readers to see.

IC 3-5-4-4
Immunity from arrest while at or going to and from polls
Sec. 4. A voter is not subject to arrest while going to the polls, while in attendance there, and while returning from the polls. However, this section does not apply in a case of:
(1) treason;
(2) felony; or
(3) breach of the peace.
As added by P.L.5-1986, SEC.1.


and

IC 35-47-9-2
Possession of firearms on school property, at school function, or on school bus; felony
Sec. 2. A person who possesses a firearm:
(1) in or on school property;
(2) in or on property that is being used by a school for a school function; or
(3) on a school bus;
commits a Class D felony.
As added by P.L.140-1994, SEC.11.

 

[jedi]

Now to answer your question IC 35-47-9-2 TRUMPS IC-3-5-4-4. Note the last sentence of IC 3-5-4-4. It says "However, this section does not apply in a case of:
(1) treason;
(2) felony; or
(3) breach of the peace.
"

IC 35-47-9-2 is a Class D Felony as such IC-3-5-4-4 DOES NOT apply.

 

[rockhopper46038]

Thanks, jedi. Sometimes the answer is staring you right in the face, and yet you still miss it.