Politics & Government
MI Appeals Court Upholds Decision Striking Down Gun Ban At Polls
Attorney General Dana Nessel said she is appealing the decision, but as of now, voters can open carry at Michigan polls on Election Day.
MICHIGAN — The Michigan Court of Appeals Thursday reached a decision upholding another court's ruling striking down a ban on firearms at certain polling places on Election Day.
Minutes after the court reached its opinion, Michigan Attorney General Dana Nessel announced she plans to immediately appeal the decision. She also had appealed the previous ruling striking down the ban.
“We intend to immediately appeal the decision to the Michigan Supreme Court," Nessel said in a statement. "Just today, a poll released by the Detroit News and WDIV-TV indicated that 73% of Michigan voters say openly carried guns should be banned near polling places. The merits of this issue – which impacts all Michiganders - deserves full and expedited consideration by our State’s highest court.”
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Read More: Michigan AG To Appeal Court's Ruling On Open Carry At Polls
Michigan Secretary of State Jocelyn Benson on Oct. 16 issued a directive to local election clerks to ban the open carry of firearms at all polling places on Election Day.
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The directive told clerks that the presence of guns at polling places, clerks offices or absent voter counting boards could cause disruption, fear or intimidation for voters or election workers.
"Fair, free and secure elections are the foundation of our democracy," Benson said at the time her directive was issued. "I am committed to ensuring all eligible Michigan citizens can freely exercise their fundamental right to vote without fear of threats, intimidation or harassment. Prohibiting the open-carry of firearms in areas where citizens cast their ballots is necessary to ensure every voter is protected."
The rule prohibited firearms within 100 feet of any polling place entrance. However, the action was met with a lawsuit by several gun rights groups in Michigan.
On Tuesday, Chief Judge Christopher Murray granted a preliminary injunction invalidating the ban ahead of Tuesday's election. That decision was appealed by Nessel leading to Thursday's decision.
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