Judge strikes down Michigan ban on open carry weapons at polling locations

A Michigan judge on Tuesday struck down a state ban on open carry weapons at polling locations and places where ballots are counted. 

Michigan Court of Claims Judge Christopher Murray ruled that Secretary of State Jocelyn Benson (D) did not follow the appropriate protocol to institute her rule announced Oct. 16. Benson and Attorney General Dana Nessel (D) appealed Murray’s decision on Wednesday morning.

“It 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 U.S. Constitution prevents the secretary of state’s … directive,” he said in a written opinion.

“The secretary just didn’t do this in the right way and at the right time,” Murray said during the hearing, adding if she wanted this done by Election Day, “the secretary should have done this months ago.”

Murray’s argument was that Benson’s rule should have been implemented under the Administrative Procedures Act to permit public input and legislative criticism.

The ban would have prohibited open carry weapons at polling places, clerk’s offices and absent voter counting boards on Nov. 3. Benson announced the now-paused rule as reports have elevated concerns about violence, guns and voter intimidation at polling locations during a contentious election. 

The judge, who was appointed by former Michigan Gov. John Engler (R), cited a current state law banning voter intimidation at voting locations, but Benson argued that that law wasn’t enough.

“As the state’s chief elections officer, I have the sworn duty to protect every voter and their right to cast the ballot free from intimidation and harassment,” Benson said in a statement obtained by The Hill. “I will continue to protect that right in Michigan.”

The Michigan Attorney General’s Office declined to comment to The Hill on ongoing litigation.

Benson’s order was challenged in two lawsuits, with one filed by activist Robert Davis and the other filed by three gun rights groups: Michigan Open Carry, Inc., Michigan Gun Owners and the Michigan Coalition for Responsible Gun Owners.

Davis labeled Murray’s decision as “a victory for the rule of law” and Benson’s rule as “an unnecessary overreach by an executive official in state government,” according to the Detroit Free Press. Steven Dulan, who represented the Michigan Coalition for Responsible Gun Owners, said the group was worried that Benson would not follow required procedures in the future, leading to “the demonization of gun owners in general.”

Murray’s ruling comes weeks after the FBI thwarted an alleged plot to kidnap Michigan Gov. Gretchen Whitmer (D) and charged armed men who are part of an anti-government group for the alleged plans.  

It also follows after Trump’s comments at the first presidential debate when he was asked to condemn white supremacy and the far-right Proud Boys group and responded, “Stand back and stand by.” The president has also urged his supporters to serve as “poll watchers” on Election Day. 

The Detroit NAACP and attorneys in the area plan to monitor the polling locations across the city and state and report issues of voter intimidation or voter suppression, according to the Detroit Free Press, which first reported on the ruling.

–Updated at 1:54 p.m.