Emergency hearing on open carrying guns at Michigan polls possible Tuesday

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Posted at 4:31 AM, Oct 27, 2020
and last updated 2020-10-27 04:35:29-04

(WXYZ) — A Michigan Court of Claims Judge is gathering written arguments from both sides in a lawsuit over open carry guns at the polls and could hold an emergency hearing Tuesday afternoon.

The lawsuit was filed last week by gun rights attorneys challenging the ban that was imposed by Michigan Secretary of State Jocelyn Benson.

Benson says she worked with Michigan Attorney General Dana Nessel on the legality of the ban and it is designed to prevent voter intimidation on election day. It states no one can open carry a gun within 100 feet of a polling location next Tuesday.

Dozens of open carry First and Second Amendment protesters have participated in demonstrations inside and outside the state capitol against lockdown orders issued by Governor Whitmer during the COVID-19 crisis.

Attorney Dean Greenblatt tells 7 Action News, Judge Christopher Murray had given the state until 5pm yesterday to submit their answer to the lawsuit. Greenblatt and the plaintiffs have until noon today to respond and have been working on it overnight. Greenblatt says Judge Murray could also grant a hearing for 2:30 this afternoon.

Judge Murray was also involved in early litigation filed against Governor Whitmer in April over her lockdowns but at the time he refused to block her orders.