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MI Court of Appeals Affirms Slap-Down of Ban on Open Carry as beyond Legal Authority
AmmoLand ^ | 4 November, 2020 | Dean Weingarten

Posted on 11/06/2020 3:12:25 AM PST by marktwain

The saga of  Michigan Secretary of State, radical democrat Jocelyn Benson's attempt to ban open carry at the Michigan polling places, without the legal authority to do so, continues. After the edict was declared on 16 October by Benson, Tom Lambert and a number of groups supporting the right to arms filed a lawsuit to stop the illegal usurpation of power on 22 October 2020.

Michigan Judge Christopher Murray, of the Michigan Court of Claims, struck down the ban on open carry as exceeding the authority of Secretary Benson, in part, because she did not follow the necessary procedure.

The Attorney General, radical Democrat Dana Nessel, immediately appealed the decision to the Michigan Court of Appeals. The Court of Appeals upheld the decision by the lower court. From the detroitnews.com:

The Michigan Court of Appeals has denied Attorney General Dana Nessel's appeal of a lower court decision that halted Secretary of State Jocelyn Benson's open carry ban at polling places, but Nessel immediately appealed to the Michigan Supreme Court.

While the briefs filed in the case raise “legitimate concerns,” the Michigan Legislature already has given the state “important and necessary tools to prevent voter intimidation,” according to the unanimous decision by a three-judge panel.

There already is a law that bans voter intimidation and another that prohibits the brandishing of a firearm in public, the judges noted.

The wording of the ruling is short and clear. The judge emphasizes the legislature has already made voter intimidation and the brandishing of firearms in public illegal. From the ruling by Presiding Judge Patrick Meter:

(Excerpt) Read more at ammoland.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; US: Michigan
KEYWORDS: banglist; election; mi; opencarry
The Michigan Supreme court did not rule on the last appeal before the election, rendering the appeal moot for this election, and thus, moot.
1 posted on 11/06/2020 3:12:25 AM PST by marktwain
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To: marktwain

Maybe they can be an ally in dealing with the fraud that likely stole the Presidency from Trump and the Senate from James.


2 posted on 11/06/2020 3:17:51 AM PST by OttawaFreeper ("The Gardens was founded by men-sportsmen-who fought for their country" Conn Smythe, 1966)
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To: marktwain

Good luck coming for guns in the state of Michigan.
Even the liberals here own them and often hunt, except for maybe Ann Arbor or some other rare downstate hellhole.


3 posted on 11/06/2020 3:57:47 AM PST by MarMema (Proud co-pilot for John James)
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