A Michigan judge has blocked a ban on openly carrying firearms at Michigan polling places on Election Day. 

Court of Claims Judge Christopher Murray granted a preliminary injunction to pro-gun groups who filed motions to block the directive issued by Michigan Secretary of State Jocelyn Benson on Oct. 16. 

Benson sought to prohibit firearms at polling places, clerk's offices and other locations where absentee ballots will be tallied. Her order also barred individuals openly carrying guns from coming within 100 feet of buildings serving as polling centers. 

However, Murray said in his opinion Tuesday that Benson's directive didn't follow the formal process laid out in state law about how new orders are enacted. 

"The main issue as the Court sees it is the allegation that the directive violates the [Administrative Procedures Act] because it is a rule that was not promulgated through the act's procedures," Murray wrote. "And, a rule not promulgated under the APA is invalid."

Murray also appeared to take issue on the timing of Benson's directive – less than three weeks ahead of Election Day. 

"Although it is understandable why defendant chose to act now, it is nonetheless true that defendant could have taken these steps months ago—perhaps prior to the August primaries—rather than 17 days before the election," the judge said. 

Plaintiff Robert Davis, who sued to block Benson's order and is described by the Detroit Free Press as a "serial litigant," called the judge's order "a victory for the rule of law."

Michigan Open Carry Inc., Michigan Coalition for Responsible Gun Owners, Inc. and Michigan Gun Owners, Inc. also filed a motion. 

Michigan Secretary of State Jocelyn Benson says her office plans to appeal the court blocking her ban of openly carrying firearms near polling places on Election Day. She's seen above speaking during the Democratic National Convention in August.

Following the judge's order, Benson swiftly vowed to appeal.

https://www.npr.org/2020/10/28/928617983/michigan-judge-blocks-ban-on-open-carry-of-guns-at-polls-on-election-day