MICHIGAN COALITION FOR RESPONSIBLE GUN OWNERS "Promoting safe use and ownership of firearms through education, litigation, and legislation." MCRGO MONDAY E'NEWS Gun Groups File Suit Against State Michigan Coalition for Responsible Gun Owners joined by Tom Lambert, Michigan Open Carry, Inc., and Michigan Gun Owners filed suit last Thursday in the Michigan Court of Claims to block enforcement of a directive by the Michigan Secretary of State prohibiting open carry at Michigan polling places. The plaintiffs have asked the court for emergency injunctive relief. The Michigan Secretary of State violated the law when she issued her pronouncement ultra vires. The Administrative Procedures Act requires that all proposed new rules must go through a specific process. This process was not followed. Furthermore, Benson violated the separation of powers in Michigan’s Constitution. There are statutes in Michigan that make clear that the mere open carry of a firearm is not criminal, and that lay out where Michigan residents may or may not carry. The very least we should expect of our government officials is that they follow existing law. The substance of the “order” depends on defining the mere presence of a visible firearm as intimidating or threatening. Leaving this unchallenged would begin a steep slide down a slippery slope for open carry anywhere. Even if you are one of the approximately 700,000 Michiganders who holds a CPL and you choose to carry concealed, you should be thankful that Michigan is an open-carry state, if only for the fact that you don’t have to worry about facing criminal charges for an inadvertent exposure of your gun. If government officials are able to choose to cater to the hyper-sensitive hopolophobes among us, think of how quickly the anti-gun, anti-rights crowd would move forward with attempts to charge any gun owner seen with a gun outdoors, whether hunting, target shooting, or simply loading them into a car for a range trip. This order is part of a pattern of blaming and intimidating lawful gun owners and demonizing guns. We have years of experience showing clearly that so-called “gun free zones” are dangerous. This year, we’ve had ample evidence that we citizens must take responsibility for our own safety. You are your own first responder. The case has been consolidated with Davis v. Benson, a similar complaint filed by a party from Wayne County. Defendants have until 5:00 PM on Monday, October 26 to respond to the motion for declaratory and emergency injunctive relief. Plaintiffs then have until Noon on Tuesday, October 27 to respond. Should oral arguments be necessary, the hearing will occur in the Michigan Court of Claims at 2:30 PM on Tuesday, October 27. The court will notify parties if arguments are necessary and how they will be conducted by 10 AM on Tuesday, October 27. The Court of Claims is a court of statewide, limited jurisdiction to hear and determine all civil actions filed against the State of Michigan and its agencies. The Court of Claims is located in the Michigan Court of Appeals. Four Court of Appeals judges, including a chief judge, are assigned to the Court of Claims by the Michigan Supreme Court. Each Court of Claims case is heard by a single judge. The Court of Claims operates much like any other Michigan circuit court. In the Court of Claims, however, there is no right to a jury trial. The Court of Claims judge assigned to the case is the Honorable Christoper M. Murray. Thanks to everyone who donated to the MCRGO Legal Fund as a result of last week's article. Your support for this lawsuit is much appreciated! The full complaint may be found HERE. JOIN MCRGO RENEW ONLINE CONTRIBUTE 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!