hi.
read: https://thehill.com/homenews/state-...an-on-open-carry-weapons-at-polling-locations
thoughts: reply.
read: https://thehill.com/homenews/state-...an-on-open-carry-weapons-at-polling-locations
thoughts: reply.
Not sure how this is even remotely enforceable since it wasn't passed by the house and signed into law by the governor.
[so the member from FL is worried about the kind citizens of MI, bolstered with commentary from members from WI & NC?]
MICHIGAN ELECTION LAW (EXCERPT) Act 116 of 1954 Sec 168.932: Prohibited conduct; violation as felony. said:A person who violates 1 or more of the following subdivisions is guilty of a felony:
(a) A person shall not attempt, by means of bribery, menace, or other corrupt means or device, either directly or indirectly, to influence an elector in giving his or her vote, or to deter the elector from, or interrupt the elector in giving his or her vote at any election held in this state.
...
REVISED JUDICATURE ACT OF 1961 (EXCERPT) Act 236 of 1961 Sec 600.1825: Arrest; privileged persons. said:(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.
...
Michigan Attorney General Opinion #7101 said:...
It is my opinion, therefore, that a reserve police officer, by carrying a handgun in a holster that is in plain view, does not violate section 234e of the Michigan Penal Code, which prohibits brandishing a firearm in public.
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Michigan Attorney General Opinion #7113 said:...
It is my opinion, therefore, that a uniformed reserve police officer acting as an unpaid volunteer for a local police agency may carry an exposed, holstered pistol within the gun-free zones established by the Concealed Pistol Licensing Act; and if the officer is either a fully authorized "peace officer" or, alternatively, possesses a valid concealed pistol license issued under the Concealed Pistol Licensing Act, he or she may also carry an exposed, holstered pistol within the gun-free zones established by the Michigan Penal Code.
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MSP Legal Update #86 said:Brandishing firearms MCL 750.234e provides that it is a 90-day misdemeanor for a person to knowingly brandish a firearm in public. Brandishing is not defined in Michigan law and there are no reported Michigan cases that define the term. Attorney General Opinion No. 7101 provides guidance and states, “A person when carrying a handgun in a holster in plain view is not .waving or .displaying the firearm in a threatening manner. Thus, such conduct does not constitute brandishing a firearm
As to the "intimidation claims" from the MI SOS...
https://www.michigan.gov/documents/msp/MSP_Legal_Update_No._86_2_336854_7.pdf
The MI AG Opinion that closes down this shenanigans: https://www.ag.state.mi.us/opinion/datafiles/2000s/op10176.htm