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Michigan Judge Blocks Ban On Open Carry Of Guns At Polls On Election Day
The state judge said a directive that barred openly carrying firearms at voting sites on Election Day did not follow proper procedure.
A Michigan judge struck down a rule on Tuesday that banned the open carry of firearms at polling places on Election Day, siding with gun rights groups.
Judge Christopher Murray, who serves on the Michigan Court of Claims, issued a preliminary injunction against the rule, saying a directive issued by Michigan Secretary of State Jocelyn Benson did not follow proper procedure to be enforceable.
Benson had issued the directive earlier this month, instructing local clerks to bar the open carry of firearms on Election Day at or within 100 feet of polling places, clerks’ offices or absentee vote counting boards.
“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,” Murray wrote in his ruling. “More importantly, its constitutional role is properly limited to only declaring what the law is, not what it should be.”
Judge Christopher Murray, who serves on the Michigan Court of Claims, issued a preliminary injunction against the rule, saying a directive issued by Michigan Secretary of State Jocelyn Benson did not follow proper procedure to be enforceable.
Benson had issued the directive earlier this month, instructing local clerks to bar the open carry of firearms on Election Day at or within 100 feet of polling places, clerks’ offices or absentee vote counting boards.
“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,” Murray wrote in his ruling. “More importantly, its constitutional role is properly limited to only declaring what the law is, not what it should be.”
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https://www.huffpost.com/entry/michigan-open-carry-guns-election-day_n_5f98b7cec5b6c7fe5829ea8a
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