Open-carry gun ban at polling places clears the Michigan Senate, faces battle in House

The state Senate passed bills Thursday that would ban the open carry of firearms from polling places and around absent voter ballot drop boxes during elections, but Republican House members are likely to block the bills’ path to the governor’s desk for now.

The bills, HBs 4127, sponsored by state Rep. Penelope Tsernoglou (D-East Lansing), and 4128, sponsored by Rep. Stephanie A. Young (D-Detroit), effectively ban open carry of firearms on an Election Day or while in-person early voting is being conducted within polling places and within 100 feet from the entrance of a building that is acting as a polling place. Open carry would similarly be banned for the 40 days before an election when individuals can vote with an absentee ballot by dropping it off at a ballot drop box or at a local clerk’s office or satellite office.

Notably these bills, which both passed the Senate along partisan lines, 20-18, are not a total firearms ban, as there are exemptions and individuals who have concealed pistol licenses (CPLs) are permitted to carry.

The bills made it through the state House in November along partisan lines when Democrats had a majority. However, there’s a current 54-54 split due to two Democrats winning mayoral races last fall. So the bills, which will need final approval from the House due to Senate changes made Thursday, have a bleak outlook at least until after the special election on April 16, when Democratic House nominees are favored to win.

The goal is to simply set up the House to quickly approve amendments after new members join the House, said state Senate Elections and Ethics Committee Chair Jeremy Moss (D-Southfield).

“It’s a shame that we have Republican clerks that are feeling intimidation and their own Republican lawmakers, even after trying to improve the bill with their ideas, still felt that they couldn’t vote to support their clerks, their election officials and their voters at the polls. It doesn’t make sense to me,” Moss said after Thursday’s session.

The Senate accepted several amendments, mostly proposed by Sen. Jim Runestad (R-White Lake), which added more exemptions to the firearm ban.

One amendment added to the existing exemption for individuals dwelling in residences within 100 feet of polling places or ballot boxes to include the permitted open carry of firearms for guests of that residence. The exemption the House passed in which only on-duty law enforcement could open carry was changed to include off-duty officers.

“Obviously, cops can be trusted just as much off-duty as when they’re in uniform,” Runstead said ahead of the votes on the bills. “There have been countless crimes foiled because an off-duty cop was nearby with a firearm. My amendment will fix this foolhardy provision.”

Additionally, if a person has a firearm lawfully in their car within 100 feet of locations included in the legislation, amendments made Thursday specify that that is allowed.

Ahead of the 2020 presidential election, Michigan Secretary of State Jocelyn Benson, a Democrat, attempted to prohibit open carry of firearms within 100 feet of polling places, but courts in Michigan barred implementation of the ban.

Several pro-gun groups expressed their opposition to the bills as they made their way through committee, while clerks and other election workers expressed their concerns over voter intimidation from those carrying firearms, as well as concerns for their own safety.