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Michigan Announces Ban On Open Carry Weapons At Polling Locations

hammer6

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Oct 11, 2008
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Florida
“I am committed to ensuring all eligible Michigan citizens can freely exercise their fundamental right to vote without fear of threats, intimidation or harassment,” Benson said in a statement. “Prohibiting the open-carry of firearms in areas where citizens cast their ballots is necessary to ensure every voter is protected.”


prohibiting one right so others can exercise a different right.
 

protias

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Dec 18, 2008
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Not sure how this is even remotely enforceable since it wasn't passed by the house and signed into law by the governor.
 

solus

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Aug 22, 2013
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Not sure how this is even remotely enforceable since it wasn't passed by the house and signed into law by the governor.
oh, you mean like the mandates regarding "mandatory" wearing of face masks ?

tis part of the "new normal" ~ overall abrogation of our rights by this country's federal/state/community elected overseers accomplished strictly by EO(s).

[so the member from FL is worried about the kind citizens of MI, bolstered with commentary from members from WI & NC?]
 

PDinDetroit

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Jun 20, 2009
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SE, Michigan, USA
IANAL

As the Michigan Secretary of State has not listed a PENALTY for Open Carry in and around elections, an option could possibly be to TRESPASS a person from the premises. That dog won't hunt based upon the following information.

Here are the prevailing laws that protects electors:

MICHIGAN ELECTION LAW (EXCERPT) Act 116 of 1954 Sec 168.932: Prohibited conduct; violation as felony. said:
A person who violates 1 or more of the following subdivisions is guilty of a felony:

(a) A person shall not attempt, by means of bribery, menace, or other corrupt means or device, either directly or indirectly, to influence an elector in giving his or her vote, or to deter the elector from, or interrupt the elector in giving his or her vote at any election held in this state.

...
http://legislature.mi.gov/doc.aspx?mcl-168-932

REVISED JUDICATURE ACT OF 1961 (EXCERPT) Act 236 of 1961 Sec 600.1825: Arrest; privileged persons. said:
(1) Every elector is privileged from arrest while going to, attending, and returning from elections in all cases except for treason, felony, or breach of the peace.

...
http://legislature.mi.gov/doc.aspx?mcl-600-1825

Firearm protections for electors:

Michigan Attorney General Opinion #7101 said:
...

It is my opinion, therefore, that a reserve police officer, by carrying a handgun in a holster that is in plain view, does not violate section 234e of the Michigan Penal Code, which prohibits brandishing a firearm in public.

...
https://www.ag.state.mi.us/opinion/datafiles/2000s/op10176.htm

Michigan Attorney General Opinion #7113 said:
...

It is my opinion, therefore, that a uniformed reserve police officer acting as an unpaid volunteer for a local police agency may carry an exposed, holstered pistol within the gun-free zones established by the Concealed Pistol Licensing Act; and if the officer is either a fully authorized "peace officer" or, alternatively, possesses a valid concealed pistol license issued under the Concealed Pistol Licensing Act, he or she may also carry an exposed, holstered pistol within the gun-free zones established by the Michigan Penal Code.

...
https://www.ag.state.mi.us/opinion/datafiles/2000s/op10188.htm
 

PDinDetroit

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Jun 20, 2009
Messages
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Location
SE, Michigan, USA
As to the "intimidation claims" from the MI SOS...

MSP Legal Update #86 said:
Brandishing firearms MCL 750.234e provides that it is a 90-day misdemeanor for a person to knowingly brandish a firearm in public. Brandishing is not defined in Michigan law and there are no reported Michigan cases that define the term. Attorney General Opinion No. 7101 provides guidance and states, “A person when carrying a handgun in a holster in plain view is not .waving or .displaying the firearm in a threatening manner. Thus, such conduct does not constitute brandishing a firearm
https://www.michigan.gov/documents/msp/MSP_Legal_Update_No._86_2_336854_7.pdf

The MI AG Opinion that closes down this shenanigans: https://www.ag.state.mi.us/opinion/datafiles/2000s/op10176.htm
 
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