Michigan Judge Blocks Ban On Open Carry Of Guns At Polls On Election Day

Michigan Judge Blocks Ban On Open Carry Of Guns At Polls On Election Day

A voter is shown inserting her absentee voter ballot into a drop box earlier this month in Troy, Mich. A Michigan judge has blocked a ban on openly carrying guns in polling places on Election Day. A Michigan judge has blocked a ban on openly carrying firearms at Michigan polling places on Election Day. Court of Claims Judge Christopher Murray granted a preliminary injunction to pro-gun groups who filed motions to block the directive issued by Michigan Secretary of State Jocelyn Benson on Oct. 16 . Benson sought to prohibit firearms at polling places, clerk’s offices and other locations where absentee ballots will be tallied. Her order also barred individuals openly carrying guns from coming within 100 feet of buildings serving as polling centers. However, Murray said in his opinion Tuesday that Benson’s directive didn’t follow the formal process laid out in state law about how new orders are enacted. "The main issue as the Court sees it is the allegation that the directive violates the [Administrative Procedures Act] because it is a rule that was not promulgated through the act’s procedures," Murray wrote. "And, a rule not promulgated under the APA is invalid." Murray also appeared to take issue on the timing of Benson’s directive – less than three weeks ahead of Election Day. "Although it is understandable why defendant chose to act now, it is nonetheless true that defendant could have taken these steps months ago—perhaps prior to the August primaries—rather than 17 days before the election," […]

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