Davis, et al. v. Benson

Overview

Davis, et al. v. Benson (Michigan Court of Claims, October 27, 2020): A Michigan judge temporarily halted a state directive banning the open carry of firearms at polling places on Election Day. The directive also banned open carry of guns near municipal clerk’s offices, places where ballots are counted, and within 100 feet of these locations. The decision was not based on the 2nd Amendment. Rather the rule was not promulgated in accordance with the Administrative Procedures Act (APA). Because the directive had the “force and effect of law, [was] of general applicability, and cover[ed] a substantive matter,” it would likely require promulgation as a rule via the Act. The court emphasized that the directive was partially inconsistent with state law because numerous state laws already restrict openly carrying firearms in public places. Directives contrary to existing state laws are rules that would require promulgation under the APA. Although an appeal was filed, the parties agreed to dismissal on December 11, 2020, after Election Day. Read the decision here.  

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