Court won’t back gun ban outside Michigan polling places

Michigan News

FILE – In this Sept. 24, 2020, file photo, Michigan Secretary of State Jocelyn Benson speaks in Detroit. On Tuesday, Oct. 27, 2020, a judge blocked a sudden ban on the open display of guns near Michigan polling places on Election Day. Gun-rights groups said Benson, a Democrat, had exceeded her authority in banning people from openly carrying guns within 100 feet of polling places. Critics argued that Benson failed to go through a formal rule-making process as required under state law. The judge agreed. Attorney General Dana Nessel pledged to appeal the judge’s decision with just days left until the election. (AP Photo/Paul Sancya, File)

DETROIT (AP) — The Michigan appeals court has rejected an appeal from a 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.

Attorney General Dana Nessel says she’ll ask the Supreme Court to take the case.

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