Michigan bans open carry of guns at polling locations

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Six people accused of plotting to kidnap Michigan Gov. Gretchen Whitmer: FBI

The FBI thwarted an alleged plot by six people who contemplated a violent overthrow of the government.

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.

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“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."

Michigan Secretary of State Jocelyn Benson

Michigan leaders have been on high alert for armed intimidation, in the wake of gun-carrying protesters storming the Michigan Capitol and a foiled plot by Michigan militia extremists attempting to kidnap Gov. Gretchen Whitmer. President Trump, who has repeatedly warned of voter fraud, urged his supporters to be vigilant and "to go into the polls and watch very carefully because that's what has to happen."

Grassroots efforts are underway to do so. Bridge Magazine reports that thousands of poll watchers and challengers are expected to descend on precincts throughout Michigan on Nov. 3. 

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Michigan Attorney General Dana Nessel joined with Benson in support of the open carry ban. 

“Michigan voters have the right to vote in person on Election Day free from threat and intimidation," Nessel said. "An armed presence at the polls is inconsistent with our notion of a free democracy."

Benson's directive said that the open carry of firearms is prohibited inside any polling place, any hallway used by voters to enter and exit or within 100 feet outside the building entrance. 

But Joey Roberts, president of Michigan Open Carry, said the Whitmer Administration has not been very gun-friendly and now they are "punishing" gun owners for the actions of the 14 men allegedly involved in the kidnapping plot.

"The Secretary of State doesn't have the authority to do this," Roberts told Fox News, adding that they are considering filing a lawsuit to challenge the ban. "Litigation is not off the table."

Roberts also views the open carry ban as an attempt to suppress the vote of gun owners. 

"Me walking into a polling location openly carrying my pistol is not intimidating anybody," he said. 

The NRA also opposed the ban, with spokeswoman Amy Hunter telling the Detroit News this "ill-conceived action only eradicates the right to self-defense by law-abiding Michiganders."

At least one county sheriff said he won't enforce the ban.

In a photo provided by the Michigan Office of the Governor, Michigan Gov. Gretchen Whitmer addresses the state during a speech in Lansing, Mich., Thursday, Oct. 8, 2020. The governor delivered remarks addressing Michiganders after the Michigan Attorney General, Michigan State Police, U.S. Department of Justice, and FBI announced state and federal charges against 13 members of two militia groups who were preparing to kidnap and possibly kill the governor. (Michigan Office of the Governor via AP)

"An order is an order and, quite frankly, is unenforceable," Mike Murphy, sheriff of Livingston County, which is located northwest of Detroit, told the paper. "They have no authority to supersede law.”

Triston Cole, a state Republican lawmaker, blasted the directive on Facebook as "an in your face unconstitutional ban" and accused Democrats of trying to "take your guns and your Second Amendment rights away."

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Michigan is a critical swing state this election, with Democrat Joe Biden trying to win back the Midwest and Trump attempting to repeat his Great Lakes State win from four years ago.

Control of the Senate is also at stake with Sen. Gary Peters, D-Mich., trying to fend off a serious challenge from Republican John James. Biden campaigned in Michigan on Friday and Trump is scheduled to do so on Saturday.