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Michigan bans open carry of guns at polling locations

Reptile

Reptile

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Secretary of State Jocelyn Benson says ban necessary to avoid voter intimidation
Michigan announced a ban on Friday of the open carry of guns at polling places to avoid voter harassment and intimidation during the critical swing state election.
The announcement by Secretary of State Jocelyn Benson drew a quick rebuke from some Republicans and gun rights activists, including the National Rifle Association, but the Democratic official said firearms at voting sites could cause fear and disruption for election workers and Michiganders trying to cast their ballots on Nov. 3.
“Fair, free and secure elections are the foundation of our democracy,” Benson said in a statement. “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."

www.foxnews.com

Michigan bans open carry of guns at polling locations

Michigan announced a ban on Friday of the open carry of guns at polling places to avoid voter harassment and intimidation during the critical swing state election.
www.foxnews.com www.foxnews.com
 
This should be quick and easy. Michigan law is explicit on concealed and open carry, listed where one cannot carry. The Michigan Secretary of State does not have the power to change law, even if just banning guns in specific places for a specific duration. That said, the law defines where one cannot carry open or concealed, although the codes are a bit contradictory, as listed by MSP. I these locations are polling places, the law certainly applies. This could just be a political stunt.

I’ve always felt that locating voting places where guns are banned is a violation of my civil rights - I cannot relinquish some rights in order to exercise the right to vote.


MCL 750.234d provides that it is a 90 day misdemeanor to possess a firearm on the premises of any of the following:
 A depository financial institution (e.g., bank or
credit union)
 A church or other place of religious worship
 A court
 A theater
 A sports arena
 A day care center
 A hospital
 An establishment licensed under the Liquor
Control Code

MCL 28.425o provides that a person with a valid CPL shall not carry a concealed pistol in a pistol- free zone. First offense is a state civil infraction. The following is a list of the premises (excluding parking lots) included in the statute:
 School or school property, except a parent or legal guardian who is dropping off or picking up a child and the pistol is kept in the vehicle
 Public or private day care center
 Sports arena or stadium
 A bar or tavern where sale and consumption of
liquor by the glass is the primary source of income (does not apply to owner or employee of the business).
 Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless authorized by the presiding official
 An entertainment facility that has a seating capacity of 2,500 or more
 A hospital
 A dormitory or classroom of a community college,
college, or university
 A casino (R 432.1212, MCL 432.202)
Note, the above statute applies to CPL holders carrying a concealed pistol. If the CPL holder is carrying a non-concealed pistol, the statute does not apply.
 
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www.cnn.com

States grapple with open-carry gun laws and the polls

Michigan's attorney general is preparing to release new guidance as soon as next week to law enforcement officials across the state about people bringing guns to the polls on Election Day, as election officials across the country wrestle with how to address heightened tensions and threats of...
www.cnn.com www.cnn.com

Yes, this *is* a political stunt. How about they make wearing a black balaclava, mask or helmet a crime on a public street during peaceful protests?

"Officials' fears of conflicts and even violence on Election Day have been heightened following President Donald Trump's call for his supporters to "go into the polls and watch very carefully" at last month's debate, as well as White nationalist groups cheering Trump's comment at the debate for the far-right group the Proud Boys to "stand back and stand by."

That said, apparently: “Laws about guns and polling places vary state by state. In 11 states, including Arizona and Florida, as well the District of Columbia and Puerto Rico, there is a specific ban on firearms and other weapons in polling places, according to the National Conference of State Legislatures.”

The key point is *laws vary*, not *executive orders can overrule laws* - a Secretary of State has no power to make law under such circumstances.

Polling Places

Polling place requirements by state, including information about schools as polling places, restrictions on polling places, and guns in polling places.
www.ncsl.org

This was a planned and premeditated action, just waiting for some justification https://www.csgv.org/wp-content/uploads/2020/09/CSGV-GunsAtThePolls-X.pdf

“Democracy faces insurrectionist violence that undermines our democratic institutions by creating a political climate of fear and hatred.These tactics have given rise to widespread political violence, primarily instigated by far right militias across America....

In the week before the 2016 election, Guns Down America launched a campaign to give voters a way to report instances of armed intimidation at polling places. In less than twelve hours, 85 voters in 28 states reported seeing firearms at the polls. These incidents were reported by Voter Protection Hotline personnel to local law enforcement and election authorities.”

“... in Philadelphia, the city district attorney's office is going a step farther with its efforts to combat voter intimidation, including making assistant district attorneys and district attorney detectives available while the satellite election offices are open, in case of intimidation, and creating a hotline for voters to report such issues.”

Ha - I’ll be search for these Hotline numbers. We can all call them and say we saw people dressed in “black bloc” with black masks and helmets.
 
Last edited:
sawz said:
what's New Hampshire's stance on Open Carry at polling places?
Click to expand...
Just prior to the 2016 election, NH State attorney general’s office said in a statement issued to clarify the issue before the election: “Voters should not be prevented from voting based on possession of a firearm. There are no New Hampshire election laws that prohibit a voter from carrying a firearm into a polling place that is located at a school. However, if a voter does not have a concealed carry permit and carries a firearm into the school while voting, that person may be violating federal law.”

Since 22 February 2017, New Hampshire is a constitutional carry state, requiring no license to open carry or concealed carry a firearm in public. Concealed carry permits are still issued for purposes of reciprocity with other states.
 
MaverickNH said:
www.cnn.com

States grapple with open-carry gun laws and the polls

Michigan's attorney general is preparing to release new guidance as soon as next week to law enforcement officials across the state about people bringing guns to the polls on Election Day, as election officials across the country wrestle with how to address heightened tensions and threats of...
www.cnn.com www.cnn.com

Yes, this *is* a political stunt. How about they make wearing a black balaclava, mask or helmet a crime on a public street during peaceful protests?

"Officials' fears of conflicts and even violence on Election Day have been heightened following President Donald Trump's call for his supporters to "go into the polls and watch very carefully" at last month's debate, as well as White nationalist groups cheering Trump's comment at the debate for the far-right group the Proud Boys to "stand back and stand by."

That said, apparently: “Laws about guns and polling places vary state by state. In 11 states, including Arizona and Florida, as well the District of Columbia and Puerto Rico, there is a specific ban on firearms and other weapons in polling places, according to the National Conference of State Legislatures.”

The key point is *laws vary*, not *executive orders can overrule laws* - a Secretary of State has no power to make law under such circumstances.

Polling Places

Polling place requirements by state, including information about schools as polling places, restrictions on polling places, and guns in polling places.
www.ncsl.org

This was a planned and premeditated action, just waiting for some justification https://www.csgv.org/wp-content/uploads/2020/09/CSGV-GunsAtThePolls-X.pdf

“Democracy faces insurrectionist violence that undermines our democratic institutions by creating a political climate of fear and hatred.These tactics have given rise to widespread political violence, primarily instigated by far right militias across America....

In the week before the 2016 election, Guns Down America launched a campaign to give voters a way to report instances of armed intimidation at polling places. In less than twelve hours, 85 voters in 28 states reported seeing firearms at the polls. These incidents were reported by Voter Protection Hotline personnel to local law enforcement and election authorities.”

“... in Philadelphia, the city district attorney's office is going a step farther with its efforts to combat voter intimidation, including making assistant district attorneys and district attorney detectives available while the satellite election offices are open, in case of intimidation, and creating a hotline for voters to report such issues.”

Ha - I’ll be search for these Hotline numbers. We can all call them and say we saw people dressed in “black bloc” with black masks and helmets.
Click to expand...

For cops, too? (see bolded)
 
CoolHandLuke said:
Just prior to the 2016 election, NH State attorney general’s office said in a statement issued to clarify the issue before the election: “Voters should not be prevented from voting based on possession of a firearm. There are no New Hampshire election laws that prohibit a voter from carrying a firearm into a polling place that is located at a school. However, if a voter does not have a concealed carry permit and carries a firearm into the school while voting, that person may be violating federal law.”

Since 22 February 2017, New Hampshire is a constitutional carry state, requiring no license to open carry or concealed carry a firearm in public. Concealed carry permits are still issued for purposes of reciprocity with other states.
Click to expand...

Just to be clear, a license wasn't required to open carry prior to February 22, 2017.
 
CoolHandLuke said:
Many polling places were at schools, and that's a federal thing. NH pistol license was relevant at that time for those locations.
Click to expand...

Yeah, but that's not what you said in the message I quoted. And, a NH pistol license still is just as relevant now for those locations, as polling place can and are still at schools. So again, you are saying something that you really do not mean and is incorrect.
 
Racenet said:
Yeah, but that's not what you said in the message I quoted. And, a NH pistol license still is just as relevant now for those locations, as polling place can and are still at schools. So again, you are saying something that you really do not mean and is incorrect.
Click to expand...
Oh? pray tell
 
They are hyping a threat from an alleged “Several thousand people in Michigan [who] are currently active in approximately two dozen private militias...” as a reason for concern. Even assuming 10k active members, with a population of 10 million, they’d be the 1/10th%ers - just 3% of the III%ers - around which the media loves to foment fears. Toss in mention of OK City Bombing, Timothy McVeigh 25yr ago,

One can legally walk down Main Street wearing Black Bloc garb carrying a bat and crowbar - why not wearing camo gear carrying an American Flag and an AR15?

www.wsj.com

In Michigan Plot to Kidnap Governor, Informants Were Key

Undercover agents and confidential informants like the ones used to disrupt the Michigan plot are key to sussing out violence.
www.wsj.com www.wsj.com
 
"The last thing we want are the police in the polling stations,” said Robert Stevenson, executive director of the Michigan Association of Chiefs of Police. While a number of states ban police at the polls unless they are asked to help with a particular situation by election officials, some are encouraging officers to be nearby, but not at, election sites. The concern among law-enforcement officials is that efforts to protect voters put them in the position of policing the polls, a practice that historically has been discouraged or even forbidden by law.

Some officials, like Cincinnati Mayor John Cranley, are more concerned about violence after the election. He referred to an incident known as the Brooks Brothers riot in which Republican operatives rushed into a Miami-Dade County election facility in Florida in 2000 and disrupted a state-mandated recount. “I worry that this time the people that are doing it won’t be wearing Brooks Brothers suits, but will be right-wing militias with machine guns,” said Mr. Cranley."

Police Struggle to Protect Voters and Avoid Intimidation at Polls

Right-wing militias with machine guns! As I recall, it’s Islamic Extremists with machine guns, knives and rental trucks killing random innocent people.

Well dang, the Bedford Chief of Police and his PD have always been at the polls. The Chief is glad-handing and the officers directing traffic or standing around looking pretty. You know how things go from happy to riots, looting and burning here in NH, at the drop of a hat...

I’ll be working traffic 1-7pm. Concealed is concealed, as we say.
 
Last edited:
CoolHandLuke said:
Just prior to the 2016 election, NH State attorney general’s office said in a statement issued to clarify the issue before the election: “Voters should not be prevented from voting based on possession of a firearm...."
Click to expand...

Pretty much the same message in 2020:

NHPR said:
"We are not able to use any of our New Hampshire election laws to prohibit a voter from entering to vote if they have a firearm, and that includes if the polling place is a school,” (NH) Assistant Attorney General Nicholas Chong Yen, who leads the state’s Election Law Unit, during a call with local clerks earlier this week. ... The U.S. Attorney’s Office for New Hampshire confirmed they would deal with complaints about violations of the federal gun-free school zone law. But the agency’s public information officer Mary Ellen McMahon noted that the law “is not a blanket prohibition on all gun possession in schools and contains multiple exceptions.”
Click to expand...
 
I'm a strong second amendment guy and I go under the assumption that everybody is armed like me but, slinging an ar over my shoulder to vote would seem a bit much.........Unless there's Indians around of course.
 
“More than 73 million ballots have been cast as of Wednesday, according to the Associated Press, in an unprecedented influx of early balloting. Many of those early votes are mail ballots as voters seek alternatives to going to polling sites during the coronavirus pandemic.”

With more than 50% of the 2016 vote tally already in, it looks like I’m a Minority Voter - one who will vote in-person on Election Day.

The same Democratic state and city officials who decry voter intimidation by those coming to polls while armed seem to have no concerns about BLM marching though stores chanting and demanding obeisance to their cause, or shouting at restaurant customers though megaphones and stealing their meal once driven off.
 

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