Court of Appeals upholds halt to Benson’s open carry ban at Michigan’s polls

Court of Appeals upholds halt to Benson's open carry ban at Michigan's polls

The Michigan Court of Appeals has denied the Attorney General Dana Nessel’s appeal of a lower court decision that halted Secretary of State Jocelyn Benson’s open carry ban at polling places, but Nessel immediately appealed to the Michigan Supreme Court. While the briefs filed in the case raise "legitimate concerns," the Michigan Legislature already has given the state "important and necessary tools to prevent voter intimidation," according to the unanimous decision by a three-judge panel. There already is a law that bans voter intimidation and another that prohibits the brandishing of a firearm in public, the judges noted. "Accordingly, anyone who intimidates a voter in Michigan by brandishing a firearm (or, for that matter, by threatening with a knife, baseball bat, fist, or otherwise menacing behavior) is committing a felony under existing law, and that law is — and remains — enforceable by our executive branch as well as local law enforcement," Court of Claims Judge Patrick Meter wrote in the brief order. Meter is an appointee for Republican former Gov. John Engler. He was joined on the panel by Judges Michael Gadola and Brock Swartzle, both appointees of Republican former Gov. Rick Snyder. Swartzle is running for Michigan Supreme Court in Tuesday’s election. Nessel’s office plans to appeal immediately to the Michigan Supreme Court, her spokesman Ryan Jarvi said. The attorney general, a Democrat, noted the results of poll to push her legal argument for a higher court review. "Just today, a poll released by The Detroit News […]

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