Election 2020 Michigan GunsFILE - 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 on Thursday rejected an appeal from a Democratic state official who wants to ban the open carry of guns outside polling places.
The court, in a 3-0 order, declined to hear the case but noted that it's already illegal to intimidate voters or aggressively wave a gun in public.
“Anyone who intimidates a voter in Michigan by brandishing a firearm or, for that matter, by threatening with a knife, baseball bat, fist, or otherwise menacing behavior, is committing a felony under existing law,” the court said.
The three-judge panel included Brock Swartzle, who is a candidate for the state Supreme Court.
The order came two days after a 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.
Court of Claims Judge Christopher Murray said the policy didn't go through a formal rule-making process required under Michigan law.
Benson, the state's chief election officer, acted after federal authorities on Oct. 8 said they broke up a scheme by anti-government paramilitary groups to kidnap Gov. Gretchen Whitmer. But some county sheriffs said they wouldn't enforce the order, and the Michigan Association of Chiefs of Police also had panned it.
Attorney General Dana Nessel, a Democrat, said she'll now ask the Supreme Court to take the case. Her office pointed to a weekend poll by The Detroit News that found 73% supported a gun ban.
Attorneys defending Benson said the secretary of state has discretion to set certain rules related to elections. They quoted voters as saying they would be discouraged from casting a ballot if they saw someone with a gun near a polling place. Some don't trust the absentee ballot option.
“While the presence of firearms might comfort some, that same presence instills discomfort and even fear in others,” Assistant Attorney General Ann Sherman said in a court filing.
Steve Dulan, an attorney for Michigan Coalition for Responsible Gun Owners, said the group's members were upset with the “demonization” of gun owners through Benson's order.
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