Michigan Open Carry Sues Michigan AG for violation of Law and Rights

Open Carry at Vertical Church
Michigan Open Carry Sues Michigan AG for violation of Law and Rights

U.S.A.-(AmmoLand.com)- Michigan Secretary of State Joycelyn Benson has taken the dictatorial step of banning open carry at all polling places on election day in Michigan.

Open carry, in accordance with Michigan law, has been legal in Michigan for the entire history of the state.

It appears, by caprice or for political purposes, Benson has decided to change the long precedent for the 2020 elections. Benson is acting as a dictator, imposing restrictions the legislator and governor have refused to pass, although they have had numerous opportunities to do so.

Benson's stated excuse is that people seeing others exercise their Second Amendment rights, might feel intimidated, and thus not vote. No other Michigan Secretary has issued such an order.

Thomas Lambert, Michigan Open Carry, Inc., Michigan Gun Owners, and Michigan Coalition for Responsible Gun Owners have all joined in a lawsuit against Secretary of State Joycelyn Benson, Michigan Attorney General Dana Nessel, and the Director of State Police Col. Joe Gasper, to obtain a declaratory injunction against the illegal order.

 From the lawsuit:

  1. The Secretary of State's pronouncement has created a Hobson's choice for those wishing to exercise both their 2nd Amendment right to self-protection and their fundamental right to vote. Under the pronouncement and associated threat of arrest, one mus choose on right or the other, but not both. If one wishes to vote, one must surrender their 2nd Amendment and Mich. Const. 1963, Art. I, § 6 rights. If one wishes to exercise the right of self-protection, one must surrender their right to vote. The practical effect of the pronouncement is to disenfranchise 2nd Amendment and Mich. Const. 1963, Art. I, § 6 supporting voters.

  2. Plaintiffs seek a judicial declaration that the secretary of State's pronouncement, regulation, directive, or edict is an ultra vires act. Further, Plaintiffs seek a judicial declaration that the secretary of State's pronouncement, regulation, directive, or edict is in violation of Michigan law, an ultra vires act, and void. Plaintiffs also seek injunctive relieve with immediate consideration thereof.

The leader of a group representing 385 Michigan police chiefs says the edict prohibiting open carry at all polling places is contrary to existing law. From detroitnews.com:

The head of the group that represents 385 Michigan police chiefs warned Monday that officers won't be able to enforce Secretary of State Jocelyn Benson's ban on openly carrying firearms at polling places on Election Day because the edict is not based in law.

Several Michigan Sheriffs are refusing to enforce the illegal order, saying there is no law to enforce.  From whml.com:

Murphy stated Livingston County Prosecutor Bill Vailliencourt has concurred the ban is unenforceable. He noted that people can’t point or wave guns or anything else, which would constitute intimidation or even felonious assault. Murphy said someone simply having a gun strapped to their hip or a long gun strapped on their chest or back is open carry and as long as it stays there, there’s nothing that can be done. As for the intimidation factor, Murphy says they can take enforcement if someone is being intimidated at the polls. But he clarified that someone just open carrying is not intimidation and not illegal. Murphy said if someone is open carrying a pistol or a long gun and they were to approach someone and make comments about who someone should vote for – that would put it into the category of intimidation.

State Officials say they will use State Police to enforce the order. From bridgemi.com:

Michigan Sheriffs Association executive director Matt Saxton called the order “a solution in search of a problem” and Ottawa County Clerk Justin Roebuck said the “legally ambiguous guidance … could incite others to challenge it on Election Day.”

If local law enforcement doesn’t enforce the rule, the Michigan State Police will, Benson said. 

Over the weekend, Nessel told Showtime’s “The Circus” that the state police would patrol polling locations where they believe sheriffs won’t enforce voter intimidation laws to ensure compliance. 

Joycelyn Benson is a lifelong radical Democrat. She was aided in her run for Secretary of State by the SOS project funded by George Soros. The SOS project is dedicated to elect radical leftists so they can influence the administration of election law.


About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30-year career in Army Research, Development, Testing, and Evaluation.

Dean Weingarten

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nobodyuknow
nobodyuknow
1 month ago

Benson needs to have her “order” shoved right up between her fat gluteus maximus!!! She is atypical of the the Communist Democraps in America! They believe that they can declare anything a “law” they want without approval of the legislature or the people!

Terry
Terry
1 month ago

Sounds like Michigan needs to insert themselves into the mix. And possibly even run the gambit of impeachment of the secretary of state

RetCop
RetCop
1 month ago

Talk about voter suppression. She knows it would only serve to benefit the left. I think she might have under estimated our zeal.

HoundDogDave
HoundDogDave
1 month ago

From the Detroit Free Press LANSING A Michigan judge on Tuesday struck down Secretary of State Jocelyn Benson’s directive banning the open carry of guns at polling places on Election Day. Michigan Court of Claims Judge Christopher Murray said the directive amounted to an administrative rule under state law, and Benson did not follow the proper procedure. He issued a preliminary injunction against it. “It is 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 US Constitution… Read more »

musicman44mag
musicman44mag
1 month ago

Glad to see that the police/sheriff follow the laws that are written and not the rule of the powers that be at the stroke of a pen. If you fear your brother and sister so much because they have a gun then there must be something wrong with your people. These guns are there to protect, not attack and that is where your mindset should be. Have confidence in the person that they are of good nature and the reason for the weapon is because society has become so corrupt because there are bad people and bad people left unchecked… Read more »

Coelacanth
Coelacanth
1 month ago

If not for the legal Cannabis vote that was on the last ballot in Michigan, these Democrats would not be in office today.

UncAl
UncAl
1 month ago

Swany: While I appreciate and respect your comment, WE, the real Michiganders’, didn’t vote in the “Whitless I D I O T” regime! Ol’ Gorgie Soros’s dirty money and vote buying, did the trick! And remember, “Blue Lives Matter!”

RoyD
RoyD
1 month ago

I didn’t read the article because I couldn’t get past the placement of the gun. LOL!

Neanderthal75
Neanderthal75
1 month ago
Reply to  RoyD

Okay, I’ll bite!

What’s wrong with the placement on his right hip?

RoyD
RoyD
1 month ago
Reply to  Neanderthal75

Well, in addition to what Oldvet posted, I was thinking of the arrangement in regards to sitting without the holster/gun jamming into your leg. Anyone who has carried very much will admit that comfort will greatly decide how you carry a gun; barring operational considerations on occasion. Those that “appendix” carry are pushing their luck but if they do have an unintentional discharge at least they will stop the bullet with their own flesh and nobody else will shed blood because of their choice, so there is that.

Finnky
Finnky
1 month ago
Reply to  RoyD

Looks like holster holds gun far enough out from body to allow sitting. I carry stuff in that front pocket. With gun there it is difficult to use that pocket without simultaneously flagging your hand and manipulating the holstered pistol. Heck it is difficult to reach into that pocket at all.

Laddyboy
Laddyboy
1 month ago

The question I have is:
How can individuals GIVE MILLIONS of dollars during election times Without breaking CONTRIBUTION LAWS???????????
I do not care how many FRONT GROUPS are acting for the BRIBERY contributor!!!

Swany
Swany
1 month ago

So this Benson idiot thinks that local police and state police are going to go toe to toe with each other over a bogus proposition? I find it highly unlikely the state police are going to be derelict in their duty and defying the oath they took and find themselves at odds with their brothers and sisters unless of course they have been paid off by the state…. ? She’s a moron. Why do we vote these fools into office?

WI Patriot
WI Patriot
1 month ago

“Michigan Open Carry Sues Michigan AG for violation of Law and Rights”
You had to know this was coming…