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In reply to the discussion: Sheriff: Ban On Open Carrying At Polls Not Enforceable [View all]melm00se
(4,991 posts)OK, Bob shows up at a polling place packing.
The polling place is somewhere other than
- A depository financial institution (e.g., bank or
credit union)
- A church or other place of religious worship
- A court
- A theater
- A sports arena
- A day care center
- A hospital
- An establishment licensed under the Liquor Control Code
(all of these are covered by MCL 750.234d p)
or (and by extension as these are covered by MCL 28.425o)
- School or school property, except a parent or
legal guardian who is dropping off or picking up a
child and the pistol is kept in the vehicle
- Public or private day care center
- Sports arena or stadium
- A bar or tavern where sale and consumption of
liquor by the glass is the primary source of
income (does not apply to owner or employee of
the business).
- Any property or facility owned or operated by a
church, synagogue, mosque, temple, or other
place of worship, unless authorized by the
presiding official
- An entertainment facility that has a seating
capacity of 2,500 or more
- A hospital
- A dormitory or classroom of a community college,
college, or university
- A casino
What crime, exactly, and under what law (also specifically) would the open carry person be charged?
Or can the Secretary of State, Attorney General and/or State Police create a law out of thin air?
It is the last sentence above that is most concerning. Is it ok for a government official to unilaterally just up and create a new law? Think about that for second. Remove firearms from the situation and substitute something else (IE you can't wear a t-shirt and jeans in a polling place). Lawful or overreach?
The last time I checked the Michigan State Constitution, Article IV § 1, the legislative power of the State of Michigan is vested in a senate and a house of representatives.
As there is no law against it, if this progresses to a court, how do you think a judge will react? and say?
And the defendant chooses to exercise his/her right to have the charges read. What is that reading going to say? What law, enshrined in the penal code, is going to be the basis for the charges?