Michigan Judge Blocks Ban On Open Carry Of Guns At Polls On Election Day

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A voter is shown inserting her absentee voter ballot into a drop box earlier this month in Troy, Mich. A Michigan judge has blocked a ban on openly carrying guns in polling places on Election Day.

Paul Sancya/AP

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Paul Sancya/AP

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Michigan Bans Open Carry Of Guns At Polling Locations On Election Day

However, Murray said in his opinion Tuesday that Benson’s directive didn’t follow the formal process laid out in state law about how new orders are enacted.

«The main issue as the Court sees it is the allegation that the directive violates the [Administrative Procedures Act] because it is a rule that was not promulgated through the act’s procedures,» Murray wrote. «And, a rule not promulgated under the APA is invalid.»

Murray also appeared to take issue on the timing of Benson’s directive – less than three weeks ahead of Election Day.

«Although it is understandable why defendant chose to act now, it is nonetheless true that defendant could have taken these steps months ago—perhaps prior to the August primaries—rather than 17 days before the election,» the judge said.

Plaintiff Robert Davis, who sued to block Benson’s order and is described by the Detroit Free Press as a «serial litigant,» called the judge’s order «a victory for the rule of law.»

Michigan Open Carry Inc., Michigan Coalition for Responsible Gun Owners, Inc. and Michigan Gun Owners, Inc. also filed a motion.

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Michigan Secretary of State Jocelyn Benson says her office plans to appeal the court blocking her ban of openly carrying firearms near polling places on Election Day. She’s seen above speaking during the Democratic National Convention in August.

Democratic National Convention via AP/AP

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Democratic National Convention via AP/AP

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President Trump has helped exacerbate those fears, suggesting baselessly that Democrats are attempting to «steal» the election.

Michigan, which had been a reliably Democratic stronghold, was narrowly won by Trump in 2016 by fewer than 11,000 votes.

Now, both Trump and his Democratic challenger Joe Biden are making the state a focus in the final stretch of the election. A Washington Post-ABC News Poll released Wednesday shows that among likely voters, Biden leads Trump by seven percentage points, at 51% to 44%.

Read the court’s order below.

• presidential elections
• election day
• open carry
• Michigan