MICHIGAN COALITION FOR RESPONSIBLE GUN OWNERS "Promoting safe use and ownership of firearms through education, litigation, and legislation." MCRGO MONDAY E'NEWS MCRGO to Challenge Open Carry Ban at Polls On Friday, Michigan Secretary of State Jocelyn Benson sent guidance to local election officials in an attempt to ban the open carry of firearms within 100 feet of polling places citing fears of voter intimidation. She ordered election inspectors to post signage providing notice of this new, purported regulation inside polling places and at building entrances. The ban occurred two weeks before the upcoming general election. It came as a surprise to local officials who were not consulted. Several counties have since indicated they will not enforce Benson's ban. Benson also said that “Concealed carry of a firearm is prohibited in any building that already prohibits concealed carry unless an individual is authorized by the building to do so.” Putting aside the ridiculous image of a talking building, this statement is in conflict with the legal belief of a number of county prosecutors that schools or churches used for polling locations are polling locations on Election Day and subsequently not subject to concealed pistol free zone restrictions in MCL 28.425o during the hours an election is taking place. Because the issue of concealed carry at a church or school serving as a polling place has not yet been tested in court, many CPL holders who vote in these locations opt to open carry instead. State law and Benson's order do not impact concealed carry at polling locations that are not concealed pistol free zones such as township halls or local public libraries. There is nothing in Michigan statutory law or the Michigan Constitution that gives Benson the authority to issue such an order. In fact, Mich. Const. Article IV, § 2 states: “(2) Except as otherwise provided in this constitution or in the constitution or laws of the United States the legislature shall enact laws to regulate the time, place and manner of all nominations and elections, to preserve the purity of elections, to preserve the secrecy of the ballot, to guard against abuses of the elective franchise, and to provide for a system of voter registration and absentee voting.” This attempt at an order by the Secretary of State shows a growing trend by the Executive Branch to rule by fiat, aggravating already heightened tensions this year due to COVID-19, social unrest, and election year political turmoil. With regard to Benson's order, WHMI reports Livingston County Sheriff Mike Murphy saying, "she just threw gas on an ember." Robert Stevenson, executive director of the Michigan Association of Chiefs of Police, said he’s already heard from chiefs concerned that Benson’s directive may put them in an election day showdown over gun rights. “Michigan is an open-carry state,” Stevenson said. “It’s been recognized you can open carry within governmental facilities like the state capitol and at council meetings. That’s well accepted and recognized. So her order would apparently conflict with that, because many polling places are in exactly those kind of venues.” He added: “Our police chiefs want to follow the law. We don’t want to get in the middle of a political argument.” (Source: Bridge Magazine) This weekend, in an emergency special meeting, MCRGO's Board of Directors approved the organization's participation in a lawsuit against Michigan Secretary of State Benson in order to stop enforcement of her unlawful order banning guns in polling places. MCRGO anticipates being joined by several other plaintiffs in the suit. What Benson is attempting is extremely dangerous to self-defense rights in Michigan as it conspires to define the mere presence of a holstered firearm as intimidation. If she is successful, we can expect the same mechanism to be tried against open carry in general, hunters, people loading guns into vehicles, etc. Benson's order is in itself an act of voter suppression in that it discourages vulnerable people in high-crime areas from voting. It is targeted voter harassment of responsible gun owners who understand that violent crime can occur anywhere and that gun bans do not deter criminal intent. CONTRIBUTE TO THE MCRGO FIREARMS LEGAL DEFENSE FUND MCRGO | PO Box 14014, Lansing, MI 48901 Unsubscribe [email protected] Update Profile | About our service provider Sent by [email protected] powered by Try email marketing for free today!