Written by William Mohr II
A Resolution in Opposition to Secretary of State Jocelyn Benson’s Directive announcing the Ban of Open Carry of a Firearm at Voting Locations.
1. WHEREAS, The Constitution of the United States is the Supreme Law of the Land. As such, it cannot be suspended or, under any circumstances, infringed upon, and are to be used in any legal
matters in question [Marbury v. Madison, 1803].
2. WHEREAS, The 2nd amendment to the US Constitution reads “A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed”.
3. WHEREAS, Article I section 6 of the Michigan Constitution reads “Every person has a right to keep and bear arms for the defense of himself and the state.”
4. WHEREAS, The U.S. Supreme Court case opinion is, Miller v. United States 230 F.2d 486, “The claim and exercise of a constitutional right cannot thus be converted into a crime.”
5. WHEREAS, The 14th amendment of the United States Constitution declares that “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
6. WHEREAS, The Secretary of State has issued directives to polling places on election day to prohibit the right to carry a person’s firearm openly within such place, or within 100ft of the entrance thereof, and has called for the enforcement of the directive by local and county sheriffs. The Secretary of State has not made any reference to law restricting the right to bear arms, nor any laws regarding the safety of the public.
7. WHEREAS, MCL 600.1825(1) reads “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.”
8. WHEREAS, There are current laws punishing the crime of intimidation or malice against an individual by use of a firearm, Act 328 of 1331 (excerpt), MCL 750.233-750.234e, MCL 750.235. Attorney General Opinion No. 7101 Provides guidance and states, “A person when carrying a handgun in a holster in plain view is not waving or displaying the firearm in a threatening manner. Thus, such conduct does not constitute brandishing a firearm...”
9. WHEREAS, The Michigan Constitution Art II Sec 2 reads “The powers of government are divided into three branches: legislative, executive and judicial. No person exercising powers of one branch shall exercise powers properly belonging to another branch except as expressly provided in this constitution.”, and sec 39 reads “...the legislature may provide by law...and enact other laws necessary and proper for insuring the continuity of governmental operations...”, and sec 36 reads “No general revision of the laws shall be made. The legislature may provide for a compilation of the laws in force, arranged without alteration, under appropriate heads and titles.”
10. WHEREAS, The Supreme Court case opinion is, Norton v. Shelby County, 118 U.S. 425 (1886), “An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is in legal contemplation as inoperative as though it had never been passed.”
NOW THEREFORE BE IT RESOLVED, We, the US Taxpayers Party Of Michigan, call for the return of a law abiding Government limited by the Constitutions emanated from the people, and the Secretary of State Jocelyn Benson’s dismissal of her recent directive to ban the legal right to open carry firearms at polling locations.
BE IT FURTHER RESOLVED, We, the US Taxpayers Party Of Michigan, call for local Law Enforcement officers to uphold to safety of the elections by enforcing the current laws of intimidation, brandishing, and malice of firearms.
ADOPTED in a meeting duly assembled this 24th day of October 2020.