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Court rejects appeal striking gun ban outside polling places

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Posted at 4:46 PM, Oct 29, 2020
and last updated 2020-10-29 16:46:53-04

DETROIT (AP/WXYZ) — The Michigan appeals court has rejected an appeal from a Democratic state official who wants to ban the open carry of guns outside polling places.

The court says voter intimidation already is illegal. The order came two days after a Court of Claims judge said Secretary of State Jocelyn Benson had exceeded her authority in prohibiting the open carry of guns within 100 feet of a polling place.

Judge Christopher Murray said the policy didn’t go through a formal rule-making process required under Michigan law.

A spokesperson for Attorney General Dana Nessel's office says they will appeal to the Michigan Supreme Court:

We intend to immediately appeal the decision to the Michigan Supreme Court. 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.