Tags: 2020 Elections | Gun Rights | michigan | guns | open carry | polling places | election day

Michigan Judge Reverses Ban on Open Carry at Polling Places

woman with a gun wearing jeans and a pink jacket
(Bill Pugliano/Getty Images)

By    |   Wednesday, 28 October 2020 01:20 PM

A Michigan judge this week struck down an order from Secretary of State Jocelyn Benson that would have banned the open carrying of guns at polling places and other locations on Election Day, CNN reports.

Judge Christopher Murray of the Michigan Court of Claims on Tuesday sided with the pro-gun rights groups Michigan Open Carry, Inc., Michigan Gun Owners, Inc., and Michigan Coalition for Responsible Gun Owners, Inc., who sued over the order.

Murray found that Benson issued the directive without following the Administrative Procedures Act that controls how government officials make new rules.

"The main issue as the Court sees it is the allegation that the directive violates the APA because it is a rule that was not promulgated through the act's procedures," Murray wrote in his decision.

"The Court's duty is not to act as an overseer of the Department of State, nor is it to impose its view on the wisdom of openly carrying firearms at polling places or other election locations," he added, noting that his "constitutional role is properly limited to only declaring what the law is, not what it should be."

Benson issued a statement saying that "as the state's Chief Election Officer I have a sworn duty to protect every voter and their right to cast their ballot free from intimidation and harassment. I will continue to protect that right in Michigan, and we will be appealing this ruling."

Michigan Attorney General Dana Nessel's office also issued a statement saying that they "intend to immediately appeal the judge's decision as this issue is of significant public interest and importance to our election process."

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A Michigan judge this week struck down an order from Secretary of State Jocelyn Benson that would have banned the open carrying of guns at polling places and other locations on Election Day, CNN reports. Judge Christopher Murray of the Michigan Court of Claims on Tuesday...
michigan, guns, open carry, polling places, election day
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2020-20-28
Wednesday, 28 October 2020 01:20 PM
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