CS/SB 5/a FIREARMS NEAR POLLING PLACES

Sen Peter Wirth

Actions: [1] SCC/SRC/SJC-SCC [2]germane-SRC- DP/a-SJC [4] DNP-CS/DP - fl/a- PASSED/S (26-16) [7] HJC-HJC [12] DP [14] fl/a- PASSED/H (35-34) [13] s/cncrd SGND BY GOV (Mar. 4) Ch. 50.

Scheduled: Not Scheduled

 Senate Bill 5 (SB 5) creates the petty misdemeanor offense of possession of a firearm within certain distances of a polling place during an election, with exceptions.  

 Senate Bill 5 (SB 5) enacts a new section of the Election Code that creates a petty misdemeanor crime of carrying a firearm (either loaded or unloaded) within 100 feet of a polling place on election day or within 50 feet of a postal collection box or a monitored secured container.  Polling places can include schools, office of the county clerk, alternative voting locations, or mobile voting sites.  

This law does not apply to certified law enforcement officers in performance of their duties or security personnel who are authorized by an election official.  The law also does not apply to a person conducting lawful, non-election-related business within these boundaries.  

SB 5 defines “firearm” as a weapon that can expel a projectile by the action of an explosion; the frame or receiver of such a weapon; or any firearm muffler or firearm silencer. 
 

 On February 13, 2024, House Floor Amendment number 1 to SJCcs/ SB 5/a added another exemption to the prohibition. The prohibition against possessing a firearm at a polling place does not apply to a person carrying a concealed firearm who is in possession of a valid concealed handgun license for that firearm. 

On January 30, 2024, Senate Floor Amendment number 1 to SJCcs/ SB 5 clarified that the crime is committed at the voting location while voting is in progress “or” on election day.  
The original committee substitute stated that the crime is committed at the voting location while voting is in progress “and” on election day. 


On January 24, 2024, the Senate Rules Committee amended SB 5 by adding that the prohibition of a firearm at a polling place includes when early voting is in progress, and not just on election day.  

The amendment also removes the mention of a “postal collection box”; instead, the bill just refers to a “monitored secured container”. 
 

 The Senate Judiciary Committee Substitute for SB 5 incorporates the amendments made by the Senate Rules Committee. It also makes the following three changes:

First, it adds that the prohibition for possessing a firearm within 50 feet of a monitored secured container begins 28 days before an election and goes through election day. 

Second, it changes who is exempt from the law.  The law does not apply to: (1) certified law enforcement officers in performance of their duties; (2) law enforcement officers certified pursuant to the Law Enforcement Training Act who are acting in accordance with the policies of their agency; or (3) people in a private automobile or other private means of conveyance. 

Third, it amends the definition of “firearm” by removing “any firearm muffler or firearm silencer” that was in the original bill.