UPDATE on MGO et al v. Secretary of State

[PDinDetroit]

People keep saying that Open Carry is not permitted and/or there is no law permitting it. The following shows that it is permitted under the MCL 28.422 License to purchase, carry, possess, or transport pistol:

28.422 License to purchase, carry, possess, or transport pistol; issuance; qualifications; applications; sale of pistol; exemptions; transfer of ownership to heir or devisee; nonresident; active duty status; forging application as felony; implementation during business hours.

(1) Except as otherwise provided in this act, a person shall not purchase, carry, possess, or transport a pistol in this state without first having obtained a license for the pistol as prescribed in this section.
...
(3) The commissioner or chief of police of a city, township, or village police department that issues licenses to purchase, carry, possess, or transport pistols, or his or her duly authorized deputy, or the sheriff or his or her duly authorized deputy, in the parts of a county not included within a city, township, or village having an organized police department, in discharging the duty to issue licenses shall with due speed and diligence issue licenses to purchase, carry, possess, or transport pistols to qualified applicants unless he or she has probable cause to believe that the applicant would be a threat to himself or herself or to other individuals, or would commit an offense with the pistol that would violate a law of this or another state or of the United States. An applicant is qualified if all of the following circumstances exist:
...LONG LIST OF DISQUALIFICATIONS...
(6) ... The licensee may carry, use, possess, and transport the pistol for 30 days beginning on the date of purchase or acquisition only while he or she is in possession of his or her copy of the license. However, the person is not required to have the license in his or her possession while carrying, using, possessing, or transporting the pistol after this period.
...

http://legislature.mi.gov/doc.aspx?mcl-28-422

[PDinDetroit]

Donation made. Keep up the good fight!

[PhotoTom]

People keep saying that Open Carry is not permitted and/or there is no law permitting it. The following shows that it is permitted under the MCL 28.422 License to purchase, carry, possess, or transport pistol:

That was a weak argument, at best, by the defendants. Anybody with a P number knows that what isn't prohibited is by default, permitted.

[PDinDetroit]

That was a weak argument, at best, by the defendants. Anybody with a P number knows that what isn't prohibited is by default, permitted.

I agree, but I wish ALL SIDES would understand what the law says here.

[MI_XD]

Awesome! I was planning on OCing either way, but my wife wasn't too thrilled with that. Hopefully this will put her at ease!

Mine was not worried at all... unless she didn't show it!
Carry On!

[PhotoTom]

Today, we (MGO, et al.) filed our written response to the defendant's arguments. Essentially, the defendants cited case law that was inapplicable to this matter and argued that SoS Benson had the authority to issue "instructions", not just promulgate rules when it comes to election matters. However, the defendants are trying to assert that the SoS is free to make up her own rules via "instructions" and essentially sidestep the process outlined for creating actual rules, as well as the process to create law in the State of Michigan. This simply isn't true.

The oral arguments just finished up minutes ago. Based upon Judge Christopher Murray's questions and statements, we are VERY confident that our request for immediate injunctive relief will be granted today. Judge Murray promised a ruling by 5pm today.

We are looking forward to a victory!

WE WON!

…more details to follow!

[TylerV76]

WE WON!

…more details to follow!

This is fantastic!

[MI_XD]

WE WON!

…more details to follow!

CARRY ON!

[Shyster]

20201027 Opin and Ord.pdf

[westcliffe01]

Awesome !