Saturday, October 22, 2016

Michigan Firearm FAQ: Can You Vote While Legally Armed?

Ask The Michigan Firearm Instructor

Q: In Michigan can you open carry at a polling place?

A: According to MCL 600.1825 "Every elector is privileged from arrest while going to, attending, and returning from elections in all cases except for treason, felony, or breach of the peace."

In addition, MCL 750.170 "Any person who shall make or excite any disturbance or contention in any tavern, store or grocery, manufacturing establishment or any other business place or in any street, lane, alley, highway, public building, grounds or park, or at any election or other public meeting where citizens are peaceably and lawfully assembled, shall be guilty of a misdemeanor."

Thus, as long as you aren't breaching the peace, committing treason, or committing a felony, you SHOULD be allowed to vote while open carrying and not be hindered by law enforcement.

Let us now discuss the legalities of open carry. If you have a CPL, then you CAN legally open carry a handgun at a school (See MCL 750.237a) or at any of the listed firearm free zones listed in MCL 750.234d.

If you open carry in one of those zones without a CPL, you could be held responsible for a misdemeanor. Since MCL 600.1825 is on the books, you may not be cited at that time but you probably could very well be cited later.

Disclaimer: I am not an attorney. You assume all risks. This answer is worth exactly what you paid for it - nothing. If you are unlawfully detained, cited, or arrested, you may have grounds for a civil rights suit. Contact an attorney who specializes in that field.

Good Luck and don't vote for any gun banners! ;-)

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About The Author
Rick Ector is a National Rifle Association credentialed Firearms Trainer, who provides Michigan CCW Class training in Detroit for students at his firearms school - Rick's Firearm Academy of Detroit.

Ector is a recognized expert in firearm safety and has been featured extensively in the national and local media: Associated Press, UPI, Fox news, New York Times, USA Today, Bearing Arms, NRAnews, Guns Digest, Tactical-Life, The Truth About Guns, The Politics Daily, Fox News Detroit, The Detroit News, The Detroit Examiner, WJLB, WGPR, and the UrbanShooterPodcast.

For more info about free shooting lessons for women and Michigan CCW Classes, please contact:

Rick's Firearm Academy of Detroit
Phone: 313.733.7404

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