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Open carry for poll watchers

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CitizensHaveRights:
Can Poll Watchers open carry?
I'd assume so, barring any law saying they can't, but Joceyln Benson is aghast at the very thought of it.

https://www.fox17online.com/news/election-2020/open-carry-of-guns-is-an-open-question-at-michigan-polls-on-election-day

Is this forum officially dead?
I'd assume so, but thought I'd post this up and see if anybody's here.

BTW, does everybody know about the lawsuit against FaceBook for trying to illegally influence the elections?
https://www.ammoland.com/2020/10/fec-complaint-filed-against-facebook-for-federal-election-campaign-violations/

gryphon:
When I first read this post I read it as poll-workers.

I would think open carrying by poll watchers would be legal because they aren't employed by the state or locality.  I'm sure some would say it's illegal because they are intimidating voters, though. 

CitizensHaveRights:
And now Benson, with hearty applause from Nessel and Whitmer, is saying that nobody can OC within 100' of the polls.

Apparently violating the law concerning firearms does not deter Benson any more than Whitmer and Nessel care about violating the law concerning emergency management orders.

Beau LaFave and others have spoken out against Benson's self-enacted legislation. Are the House and Senate taking steps to stop this?
What impeachment powers does the state legislature have? It would seem the '3 witches of Lansing' have done more to merit it than Trump could ever hope to do.

https://www.forbes.com/sites/elanagross/2020/10/16/michigan-bans-open-carry-of-guns-at-polling-sites-on-election-day-sparking-anger-from-second-amendment-advocates/#34b4fb3a19b9

Do I need to kick another hundred into the MOC legal fund over this?

Pond Scum:

--- Quote from: CitizensHaveRights on October 17, 2020, 08:58:19 PM ---And now Benson, with hearty applause from Nessel and Whitmer, is saying that nobody can OC within 100' of the polls.
 .......

Do I need to kick another hundred into the MOC legal fund over this?

--- End quote ---

Good idea.  I think I'll kick something in as well!   :D

Here is a copy of my post over at MGO.   It sums up pretty much how I feel about the SOS instructions.



"I'm not a lawyer but I'm very interested in this as well. The clear language from the statute is:

"REVISED JUDICATURE ACT OF 1961 (EXCERPT)
Act 236 of 1961

600.1825 Arrest; privileged persons.
Sec. 1825.

(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."

Here is an except from the SOS instructions to poll workers:

"October 16, 2020
Open Carry of Firearms at Polling Places on Election Day Prohibited
In Michigan, an individual’s ability to carry a firearm depends on several factors, such as whether he or she is licensed to carry a concealed weapon or is exempt from licensure; the location; whether the weapon is concealed or openly carried; and other circumstances.
The presence of firearms at the polling place, clerk’s office(s), or absent voter counting board may cause disruption, fear, or intimidation for voters, election workers, and others present. Absent clear standards, there is potential for confusion and uneven application of legal requirements for Michigan’s 1,600 election officials, 30,000 election inspectors, 8 million registered voters, and thousands of challengers and poll watchers on Election Day."


It seems the SOS is trying to skirt the law by unilaterally declaring that open carry "may cause disruption, fear, or intimidation" and implying that it constitutes a "breach of the peace." Even though I don't know of any problems or issues with thousands of 2A supporters OC'ing while voting for many years.

I believe in OC, I OC all the time on my bikes, and occasionally going about my normal activities but voting I have always CC'd. This year that is going to change and I'm going to OC to vote on November 3rd. We vote in a small rural community center and while I don't know the election officials we recognize them and I believe they remember us from election to election. It will be interesting to see what happens when I come in sporting a 1911 on my hip. The SOS is telling the inspectors to call the police.

My thanks to MGO, MOC and our 2A attorneys that are on top of this situation and are pushing for a ruling or injunction before aggressive law enforcement officers start arresting us at the polls."

gryphon:
Pond Scum, wear/carry an audio recorder when you vote.

There is a lawsuit over this.

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