PELHAM, Alabama -- A Shelby County Sheriff's deputy this morning arrested a founding member of the gun-rights group BamaCarry who openly wore a holstered pistol to a Pelham voting location.

Wearing a loaded .357 Magnum Taurus revolver, Robert Kennedy Jr. arrived at the polling site at the Pelham First Baptist Church Annex building at about 9:10 a.m. and encountered the deputy in the lobby.

After about two minutes of talking, Kennedy voluntarily surrendered his pistol to the deputy, who then patted him down to search for other weapons and placed handcuffs on him. The deputy led Kennedy to the sheriff's patrol car in front of the building where a Pelham police officer arrived a few minutes later at about 9:16 a.m.

After placing Kennedy into the back of the sheriff's patrol vehicle, the deputy left with his prisoner at about 9:21 a.m.

The arrest happened as the Shelby County Sheriff's Office has taken a stance against allowing weapons at the polling sites.

"Each polling location in Shelby County will have a 'No Firearm' sign posted at the entrance of the precinct, at the requests of the private property owner or governing body of the property. This will be enforced in accordance with Alabama law," the Sheriff's Office said in a statement last week.

"Our goal is to allow every registered voter in Shelby County the right to vote in an influence-free environment," Sheriff Chris Curry said in the statement last week. "Voting is a constitutional right and it is our job to facilitate the process effectively and efficiently."

However, Kennedy and his organization, along with some other gun-rights advocates in Alabama, maintain they have the right to carry a weapon to the polling sites.

Kennedy has pointed to sections of Alabama's election codes including 17-17-1, which states: "An elector must not be arrested during attendance at elections, or while going to or returning therefrom, except for treason, felony, or breach of the peace or for a violation on that day of any of the provisions of the election law."

Kennedy has also cited Alabama Constitution's Section 192 that states: "Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, or while going to or returning therefrom."

Carrying a legal, holstered firearm to a polling site does not constitute a breach of peace, Kennedy said.

The Sheriff's Office inmate log this morning listed Kennedy's arrest charge as a "voting violation." He did not have a bond amount listed.

Sheriff's Capt. Ken Burchfield in a phone interview this morning said Kennedy was arrested "for a voting law violation," but the exact code was not available. "It just happened so I haven't seen any paperwork on that," Burchfield said.

Burchfield a few minutes later emailed the voting violation code for Kennedy's charge, which is listed as Section 17-17-33, titled "Obstruction, intimidation, etc., of voting rights of others."

"It shall be unlawful for any person to obstruct, intimidate, threaten, or coerce any other person for the purpose of interfering with the right of such other person to vote or to vote as he or she may choose, or for the purpose of causing such other person to vote for, or not to vote for, any candidate for state or local office or any other proposition at any election. Any person who violates this section shall be guilty, upon conviction, of a Class A misdemeanor."

The Sheriff's Office dispatch log listed the report as "admin general."

Kennedy has been a vocal proponent of gun rights in Alabama, often speaking at Shelby County Commission meetings to question the government's policy prohibiting firearms in its buildings.

Kennedy openly wore a holstered pistol to the same voting site for the July 15 primary runoff. During that contest, he was allowed to vote and even spoke with several members of law enforcement in the building's parking lot after he had cast his ballot.

Curry in the Sheriff's Office statement last week about Alabama's voting laws said, "Every voter has the protection under law to cast his/her ballot without interruption, influence, or hindrance. Each of our polling locations, whether public or private property, is gracious enough to allow voters into their facilities to cast their votes on Election Day. They open up their doors to the public; however, as property owners they do maintain their rights."

The Alabama Attorney General's Office issued an opinion in July responding to questions by the Chambers County Commission. The opinion said counties cannot issue a blanket ban on voters carrying firearms at polling sites.

Chambers County decided to remove a ban on guns at polls on the primary election day.

The opinion notes that places where a ban on firearms already exists, such as courthouses and schools, can continue the prohibition during elections. A prohibition on private property, such as churches used as polling sites, is left up to the owner.

"The owners of private property may also choose to forbid firearms on their property, even if the person with the firearm has a permit. This is no less true for property that is being used as a polling place," the attorney general's opinion said.

In response to Kennedy's arrest, attorney Edward Still, representing the Joe Hubbard for Attorney General campaign, issued a statement:

"Voter suppression in Alabama continues today in Shelby County. Both the Alabama and United States Constitutions guarantee every citizen the right to cast a ballot. But Shelby County Sheriff's Deputies arrested a Pelham voter as he was attempting to exercise his right to vote, because he was also exercising his right to lawfully carry a firearm in accordance with the Alabama and United States Constitutions."

Still pointed to Alabama Code 17-17-1 in defense of Kennedy. "It is clear the Alabamian arrested today was fully within his legal and constitutional rights. The arrest of a citizen lawfully exercising his constitutional rights is intolerable, and the Shelby County Sheriff's Office should immediately release this Alabamian so he may exercise his rights," according to the statement.

Reporter's note: Updated at 10:54 a.m. on Nov. 4, 2014, to include Kennedy's arrest charge listed as "voting violation" by the Shelby County Sheriff's Office inmate log. Updated at 10:57 a.m. with the specific voting violation code. Updated at 11:54 a.m. to include a statement from Attorney General candidate Joe Hubbard's campaign.

