Michigan Gov. Gretchen Whitmer signed a pair of gun control bills into law on Tuesday, but some local media are overstating the impact of the new legislation.
WMMT-TV was one of several outlets to report that Whitmer’s signature has created new “gun-free zones”, declaring the governor is “making it illegal to possess a firearm at polling locations across the state.”
House Bills 4127 and 4128 aim to defend free and fair elections by reducing the threat of voter intimidation and suppression, state officials said.
“Together, we are creating a safe environment for voters to make their voices heard. Here in Michigan, we are getting it done, whether it’s defending our fair and free elections or making it easier for local businesses to provide services and do their jobs,” said Governor Whitmer.
WWJ Newsradio ran with a similar report, claiming that “carrying a gun at a voting precinct or ballot counting location is now illegal in Michigan.”
Gov. Gretchen Whitmer says the pair of bills (House Bill 4127 and House Bill 4128), which she signed into law on Dec. 3, are “commonsense legislation” that protects voters and election workers from intimidation and gun violence.
… The bills were sponsored by state Representative Penelope Tsernoglou (D-East Lansing) and state Representative Stephanie A. Young (D-Detroit).
“Today, we are taking action to prevent voter intimidation and gun violence in our state,” said Tsernoglou, in a news release. “By increasing security measures, such as this legislation, we are ensuring that every Michigander can cast their ballot free from intimidation and that every election worker can perform their duty without fear of violence. I am thrilled to see this legislation signed into law.”
“This legislation is about protecting our democracy and everyone who makes it work. Voters, election workers and officials should never feel threatened or intimidated at the polls,” Young said. “By creating safe, weapon-free zones around polling places and counting boards, we’re reinforcing the principle that violence has no place in our electoral process.”
It’s true that HB 4127 and HB 4128 generally prohibit the carrying of firearms within 100 feet from “any entrance to a building in which a polling place is located,” but media outlets like WWJ and WMMT are ignoring several major exceptions to the restriction contained in both bills.
A person who possesses a firearm in that person’s residence or on that person’s private property or any other person who has permission to possess a firearm in that person’s residence or on that person’s private property.
A person carrying a concealed pistol if that person is licensed by this state or another state to carry aconcealed pistol… [and] a person who is lawfully transporting or possessing a firearm in a vehicle.
In other words, despite the claims of the governor and the bills’ sponsors, Michigan polling places aren’t suddenly “weapon-free zones”. In fact, the only new restriction is on the open carrying of firearms. So long as someone possesses a valid carry license recognized by the state of Michigan, they’re still able to bear arms… not only at polling sites, but a number of other areas that Michigan Democrats have made off limits to open carry like banks, churches or other houses of worship, courts, theaters, sports arenas, day care centers, hospitals, and establishments that serve liquor.
Those privately owned or maintained enterprises may choose to ban both open and concealed carry, of course, but there’s nothing in HB 4127 or 4128 that compels the owners to make their property “gun-free”. And unlike post-Bruen “sensitive places” laws in states like New York and California, the carveouts for licensed concealed carry holders means that the new laws are going to have a relatively minor impact for gun owners in Michigan… despite the claims to the contrary from local media.
The stated justification for the open carry ban is still absurd, but because the new law still allows for concealed carry it might prove difficult to challenge in court. An outright ban would be much harder to defend, but if the new statute is subjected to litigation, attorneys for the state will likely argue that since the new law merely regulates the manner of carrying, it’s not an outright infringement on the right to bear arms.
We’ll have to see if any 2A groups intend on challenging the law, but at the very least I hope that state-level groups like the Michigan Coalition for Responsible Gun Owners will reach out to these media outlets that are misrepresenting the scope of the new statute. It’s simply false to claim the new law makes it illegal to have a gun near a polling place, and that bad information could leave some lawful gun owners defenseless when they’re still able to exercise their Second Amendment rights.
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