Michigan judge halts Benson's ban on open carry of guns at polling places

[brooklynite]

Source: Detroit News

Michigan Court of Claims Judge Christopher Murray issued a preliminary injunction Tuesday that effectively halts Secretary of State Jocelyn Benson's directive banning open carry near polling locations on Election Day

The edict by Benson "smacks of an attempt at legislation" and lacks public input instead of following the regular rule-making process, Murray said during a Tuesday emergency hearing. Further, the state already has a law prohibiting voter intimidation, he said.

"The Legislature has said: Here are the places you cannot carry a weapon," Murray said during the hearing. "The secretary has expanded that. And so how is that in accordance with state law?"

Murray argued Benson could have implemented such a rule over a months-long process, but Attorney General Dana Nessel's office pushed back.

Read more: https://www.detroitnews.com/story/news/politics/2020/10/27/michigan-judge-halts-benson-ban-open-carry-guns-polling-places/3751933001/

[sandensea]

1. Murray will probably have blood on his hands

But what does he care? Anything goes.

[rockfordfile]

9. I agree

It will be his fault

[Grokenstein]

11. He'll care if it's his blood.

[catrose]

2. Businesses can put up signs saying "No guns." Every government building I've been in does the same.

Why can't a voting site have the same right?

[Sherman A1]

3. Valid question

I really hope nothing bad happens to anyone there.

[FBaggins]

4. Businesses can control their own property

"Their" either by ownership or lease.

Government buildings are likely covered by law.

The issue here isn't whether the policy is a good or bad idea. It's whether the Secretary of State has the authority to make such a proclamation.

Which seems unlikely.

[melm00se]

14. Bingo

Cannot legislate by decree.

Additionally, Article IV § 1 states the "the legislative power of the State of Michigan is vested in a senate and a house of representatives".

As there is no law on the subject, a law needs to be created which is not the purview of SoS.

[ripcord]

6. The legislature passed laws which say where guns can and can't be carried

The Secretary of State doesn't have the authority to change those laws.

[COL Mustard]

13. I Work In A Government Building

You know, the one with five sides, near Washington.

You can't bring guns (or knives, if the blades are over 3.5 inches).

And that's with lots of people who are highly trained in using guns, knives and lots of other things that can make you have a real bad day.

Why would you want to take a gun to a polling place? Itdontmakenosense.

[louis-t]

5. I vote at a school. They can bring guns into a school?

Never thought of that, did you?

[regnaD kciN]

7. I'm guessing most polling locations have pre-existing bans on guns...

...but, since the whole point of this ruling is that "there's already a law against voter intimidation," that the authorities are out in force to prevent it.

(Oh, yeah. Who am I fooling?)

I wonder what would happen if every Black voter open-carried at their precinct?

[scarletwoman]

8. "I wonder what would happen if every Black voter open-carried at their precinct?" I bet that ruling

would change, right quick!

[Kaleva]

12. If you have a valid CPL

"So, it's legal to carry a loaded gun into a Michigan school?"


https://www.mlive.com/news/flint/2013/09/so_its_legal_to_carry_a_loaded.html#incart_story_package

[tormadjax]

10. Dumb thing to say in the first place

Now every yahoo will make sure they bring their gun to vote!