Friday, October 16, 2020

Michigan Secretary Of State Bans Open Carry At The Polls

Without any legislative authority, Jocelyn Benson, our Secretary of State, just issued a regulation banning open carry at polling places.

Up until this regulation, open carry at polling places was legal.

Especially so, depending on the location, if you had a concealed carry permit you could then open carry at the polls [don't ask it's a Michigan thing and would take a whole other post - basically there are lots of areas like schools and churches where you can't open carry legally without a permit, and can't carry concealed with a permit but can carry openly with a permit].

Now without any legislation or declared legal authority, and based solely on the Sec State's say so, you now cannot do so:

The Detroit News: Michigan bans open carry of guns inside and near polling places

Michigan is prohibiting the open carry of guns within 100 feet of polling places amid fears of voter intimidation during the pivotal Nov. 3 election, prompting criticism by Second Amendment advocates.

Secretary of State Jocelyn Benson sent guidance to local election officials on Friday — 18 days before Election Day — to clarify that the open carry of firearms on Election Day in polling places, clerk’s offices and absent voter counting boards is banned.

A little voter suppression of the open carry crowd, who likely wasn't going to vote Dem, neh?

While I don't open carry much, and don't open carry at the polls, I know plenty of law abiding people who have done so properl,y with no fanfare, and not as a "carrying at someone" type of action. 

Rather unclear where she gets the authority to institute such a ban, so expect some litigation shortly.

3 comments:

Old NFO said...

HOpefully her ass gets sued!

Old 1811 said...

I can actually see the point of banning open carry at the polls. Open carry scares a lot of people, and the last thing anyone wants to be accused of is voter intimidation.

Pigpen51 said...

It is not so much the thought of open carry, but about the legal authority of a Secretary of State to issue such an order, when she is not the Executive nor part of the Justice Dept, or the Legislative Dept.
I myself can see not wanting the open carry of firearms at polling places,for the very reason that you stated. But there are ways that laws are made, and they are not made through executive action by a non executive.
pigpen51