Judge Rules Against Benson’s Gun Ban

Oct 28, 2020

Yesterday was a victory for the rule of law in Michigan as Court of Claims Judge Christopher Murray ruled against Secretary of State Jocelyn Benson’s ban of lawful open carry at polling places.

Kudos to all our friends in the gun rights community involved in this legal battle to reign in the lawless Democrat-controlled executive branch.

The open carry ban was just the latest attempt by the Whitmer/Nessel/Benson cabal to ignore our state Constitution to force their radical agenda on Michiganders.

Judge Murray decided correctly that the Democrat Secretary of State attempted to usurp the authority of the Legislature by trying to make law based on a flimsy interpretation of her “supervisory authority” over Michigan elections.

The chaos and confusion that followed her edict, with prosecutors and law enforcement officials trying to interpret the “rule,” would have led to gun owners either opting to stay home and not vote, or run the risk of running afoul the rule and being prosecuted by a hostile district attorney.

In other words, Democrat-supported voter suppression of gun owners.

For now that nightmare scenario has been avoided.

But we aren’t out of the woods yet.

Radical leftist Attorney General Dana Nessel has already vowed to appeal the ruling.

Even though the case is clear that Secretary Benson has no authority to regulate firearms nor can she deem the mere presence of a firearm as “voter intimidation,” Nessel and Benson are charging ahead to undermine our state Constitution.

Benson and Nessel’s interpretation of state law and the Michigan Constitution is downright dangerous.

While listening to the oral arguments, I witnessed Benson’s legal counsel multiple times claim that she had the authority to ban guns because she was not directly prohibited by state law to ban guns.

You read the correctly.

Benson thinks she can ban guns because nothing says that she can’t.

This is absolutely absurd and shows the danger that exists if somehow she and Nessel are successful in their appeal.

Back in 2018 when Whitmer/Nessel/Benson came to power, it was only a matter of time before they would attempt to abuse their authority to come after our Second Amendment rights.

Thankfully, Judge Murray saw through their charade and ruled against them, but there’s no telling how things could go at the Court of Appeals or at the Michigan Supreme Court.

If this legal battle gets drawn out, and if liberals take the majority of the Michigan Supreme Court in the election next week, we could have a real fight on our hands.

This is why having judges at all levels who are concerned with the rule of law is so important.

Be sure to look closely at the candidates running for judge, especially for Michigan Supreme Court, and ask the question, “Will this judge stand by the rule of law or will they sign off on unchecked abuses by the executive branch?”

For today, the gun rights community can enjoy a win, but our fight is never over.

The Democrat-controlled executive branch is not on the ballot next week, but there are plenty of other races where you can make your voice heard in defense of the Second Amendment.

To be clear, your job is not finished next week.

You and I must begin organizing to defend our rights in the New Year and prepare to hold the Whitmer/Nessel/Benson cabal accountable in the not so distant 2022 election cycle.

We’ve spent tens of thousands of dollars this election cycle exposing the anti-gun voting records and statements by politicians of all political stripes.

And we are working diligently to push back against every attempt to ban guns, whether it is at polling places or in the State Capitol.

Your support gives the resources needed to keep gun owners informed about the threats we are facing every single day.

Thank you for your continued support!

And stay tuned for future developments in Benson’s attempts to give herself the authority to ban guns across the state.

Brenden Boudreau

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