Michigan's open-carry ban at polling places heads to the state supreme court, days after a judge declared it unconstitutional. Michigan Court of Claims Judge Christopher Murray blocked the orders on Tuesday, citing procedural flaws. State Attorney General Dana Nessel vowed to appeal immediately after the ruling. Three days later, the state Court of Appeals upheld the lower court's decision.
Both rulings stressed that Jocelyn should have followed the recommended rulemaking process instead of making abrupt declarations. However, the secretary of state says she became aware of the threat at the last minute.
Despite the obvious flaws, Michigans Democrats are determined to get a ban in place. Fourteen anti-gun states and the District of Columbia filed a brief to support Michigan's assault on gun rights.
"We will have this resolved by November 3rd, and we will make it clear exactly what the rules are and are not prior to the people going into the polls on that particular day," AG Nessel said.
Jocelyn and Nessel insisted that the threat of voter intimidation was real. Assistant attorney general, Heather Meingast, added that her office had received numerous complaints.
Gun rights groups said that Jocelyn should not use her attitude towards firearms to punish gun owners.
"While Miss Benson may have some personal misgivings about firearms, super-imposing those misgivings onto every person with a firearm and claiming that that person is inherently engaging in voter intimidation is, it's asinine," Tom Lambert of Michigan Open Carry said.
The state Attorney General says regardless of the Supreme court's ruling, Michigan's laws against voter intimidation would be in place.
"And I feel confident saying this: Irrespective of how the case out, we will have law enforcement in every jurisdiction of the state that is there to ensure the safety of all voters."
Judge Murray had pointed out that Michigan had specific laws to address voter intimidation of all forms, not just firearms. Additionally, Michigan has open carry bans in various places such as schools and churches used as polling centers. Consequently, Jocelyn's orders were unwarranted.
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