A Michigan judge has struck down an order that would have banned the state’s residents from openly carrying guns at polling places.
Judge Christopher Murray of the Michigan Court of Claims granted a preliminary injunction on Tuesday, stating that Secretary of State Jocelyn Benson didn’t go through the proper channels of the Administrative Procedures Act in creating the rule.
Murray wrote in his opinion on the matter, “The main issue as the Court sees it is the allegation that the directive violates the APA because it is a rule that was not promulgated through the act’s procedures.”
Open carry is allowed in most parts of Michigan, including the state Capitol.
For that reason, Murray argued, “A directive that is inconsistent with the law is not a directive but a rule requiring promulgation under the APA.”
Some have accused Murray of siding with pro-gun activists, but the judge wrote in his opinion, “It is important to recognize that this case is not about whether it is a good idea to openly carry a firearm at a polling place, or whether the Second Amendment to the U.S. Constitution prevents the secretary of state’s … directive.”
Benson’s order was issued on Oct. 16. The APA requires a longer process.
Benson and the state’s attorney general both announced they will be appealing the decision, which came as activists from both the Right and Left have promised to be watching polling locations on Election Day.
