Michigan judge strikes down ban on open carry of guns at polling places on Election Day

Michigan judge strikes down ban on open carry of guns at polling places on Election Day

Efforts to protect against voter intimidation underway 02:18 (CNN)A Michigan Court of Claims judge on Tuesday struck down Secretary of State Jocelyn Benson’s directive that sought to ban the open carry of firearms at polling places on Election Day. Judge Christopher Murray granted the pro-gun-rights groups who filed the lawsuit a preliminary injunction, effectively reversing Benson’s October 16 order and eliminating a universal ban on the open carry of firearms at or within 100 feet of polling locations or absentee counting boards on Election Day. Buildings like churches or schools that already have open carry restrictions will continue to have them. Murray wrote that he ruled against the directive because it was not issued in accordance with the Administrative Procedures Act, which governs how new rules are made. "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. Murray pointed out that the directive goes beyond existing state law about where the open carry of firearms is banned, and therefore is a rule that needed to go through the rule-making process of the law. "A directive that is inconsistent with the law is not a directive but a rule requiring promulgation under the APA," Murray wrote. Although Murray acknowledged that Benson has supervisory responsibilities over the administration of elections, the secretary of state "does not address the legal issue of whether the directive must meet the requirements […]

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.