Judge strikes down Benson order banning open carry of guns at Michigan polling places

Judge strikes down Benson order banning open carry of guns at Michigan polling places

LANSING A Michigan judge on Tuesday struck down Secretary of State Jocelyn Benson’s directive banning the open carry of guns at polling places on Election Day. Michigan Court of Claims Judge Christopher Murray said the directive amounted to an administrative rule under state law, and Benson did not follow the proper procedure. He issued a preliminary injunction against it. "It is is important to recognize that this case is not about whether it is a good idea to openly carry a firearm at a polling place, or whether the Second Amendment to the US Constitution prevents the Secretary of State’s … directive," Murray said in a written opinion issued just hours after he hear oral arguments in the case. "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," and "more importantly its constitutional role is properly limited to only declaring what the law is, not what it should be." Murray handed down his ruling the same day the Detroit branch of the NAACP said its members and area attorneys will monitor polls across the city and state on Election Day and will report to police and prosecutors any instances of voter intimidation or voter suppression, including voters feeling threatened by gun-carrying individuals “watching” the polls. Benson and Attorney General Dana Nessel, both Democrats, quickly issued statements saying they will appeal the decision. […]

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