(WXYZ) — The Michigan Court of Appeals will not hear an appeal on the Court of Claims ruling that blocked an order banning the open carry of guns at polling places.
Writing in response to a motion in two cases arguing against the ban, the Court of Appeals ruled that there are existing laws on the books making voter intimidation a crime.
In turning aside the appeal, the justices wrote:
We wish to clarify two important points as election day rapidly approaches. First, while the civil-rights amicus brief raises legitimate concerns about voter intimidation throughout this country’s history, the Michigan Legislature has given the Executive Branch important and necessary tools to prevent voter intimidation: Voter intimidation is—and remains—illegal under current Michigan law. MCL 168.932(a), 168.744(1); see also 18 USC 594. Second, brandishing a firearm in public is—and remains—illegal under current Michigan law. MCL 750.234e. Accordingly, 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, and that law is—and remains—enforceable by our Executive branch as well as local law enforcement.
A spokesperson for Attorney General Dana Nessel's office says they will appeal to the Michigan Supreme Court:
We intend to immediately appeal the decision to the Michigan Supreme Court. Just today, a poll released by the Detroit News and WDIV-TV indicated that 73% of Michigan voters say openly carried guns should be banned near polling places. The merits of this issue – which impacts all Michiganders - deserves full and expedited consideration by our State’s highest court.