Public Media from Michigan State University

Court Rejects Appeal Striking Gun Ban Outside Polling Places

bestlawdir

The Michigan appeals court on Thursday rejected an appeal from a Democratic state official who wants to ban the open carry of guns outside polling places.

The court, in a 3-0 order, said voter intimidation already is illegal. It declined to hear the case.

“Anyone who intimidates a voter in Michigan by brandishing a firearm or, for that matter, by threatening with a knife, baseball bat, fist, or otherwise menacing behavior, is committing a felony under existing law,” the court said.

The order came two days after a judge said Secretary of State Jocelyn Benson had exceeded her authority in prohibiting the open carry of guns within 100 feet of a polling place.

Court of Claims Judge Christopher Murray said the policy didn’t go through a formal rule-making process required under Michigan law.

Benson acted after federal authorities said they broke up a scheme to kidnap Gov. Gretchen Whitmer.

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