Lawsuit to be filed Thursday to stop the ban on open carry of guns at the polls

Posted at 7:39 PM, Oct 21, 2020
and last updated 2020-10-21 19:39:05-04

Attorneys working on a court challenge to the secretary of state’s ban on open carry guns at the polls say they will file it Thursday morning.

Attorney Dean Greenblatt tells 7 Action News this is similar to the constitutional and separation of powers legal challenge that went all the way to the Michigan Supreme Court over Gov. Gretchen Whitmer's COVID-19 executive orders.

That ruling struck down the law behind those and the court ruled the orders were null and void going back to April. They have been reissued by state agencies controlled by the governor and are in effect.

Michigan Secretary of State Jocelyn Benson says she and the Michigan attorney general have determined Benson has the power to issue the ban.

The court challenge will ask for a temporary injunction to stop the ban before the election in just 13 days. The rest of the legal issues would be taken up later.

The secretary of state has said the ban is needed to avoid voter intimidation.

Several Michigan sheriffs have said they won’t enforce the ban or have asked for clarification on what are the penalties for people who violate the ban.