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New Township rule on firearms for poll workers and voters NO GUNS or be arrested.

Hevymetal

Regular Member
Joined
Jan 22, 2012
Messages
261
Location
Clinton Twp
Well for those of you who remember reading my post about me working the polls for the local township at the primary and the ensuing ****storm the clerk gave me about carrying my sidearm while working and my refusal to disarm for her.

(In case you missed it)
http://forums.opencarry.org/forums/...E-on-Aug-7th&p=1803463&viewfull=1#post1803463

A letter showed up in the mail today addressed to me from the township (I will post a redacted copy in the next day or so when i get a minute) stating the NEW policy for ANY township employee, contractor or visitor (who is not a LEO) will NOT allow the carrying of firearms/knives of any type/explosives/chemical weapons in, at, or around the polls or township property, functions or events. They are demanding I sign the document if I wish to continue to work at the polls. The letter also goes on to state they can and will search me, my property and/or vehicle at their will to make sure myself and/or others are in compliance with the new policy.

They also threatened to Trespass me and have me arrested if I show up at the polls with my firearm to vote or work.

Unbelievable, they are trying to take away my 2nd and 4th Amendment rights in one fail swoop. I am saddened and dismayed that they are forcing me to choose between what I feel is my civic duty to help with the election and my firm belief in the right to keep and bear arms.

I realize they can come up with whatever convoluted, garbage employment contract they want and try to strongarm workers into signing it. However their veiled threats to have me arrested if I come to vote with my sidearm infuriates me to no end.

I am unsure how to proceed from here. Obviously I will NOT sign ANY document relinquishing my rights which means I will probably be dismissed as a poll supervisor and will not be working at the election. I will not be bullied, intimidated or prevented from exercising my right to participate in the election.

I am contemplating writing a response to their letter informing them they can prevent me from working without my sidearm but they are a Township therefore falling under the provisions of the MCL 123.1102 statute (correct me please if I am wrong) and they CANNOT prevent me or anyone else for that matter from showing up for the election or any other Township function or event with my sidearm. Township property and buildings are public spaces and they have NO authority to regulate possession and/or carrying of weapons on that property.

The fact they are already threatening to have people arrested who violate their illegal policy needs to be addressed. I am looking for advice and opinions on this matter from the powers that be who have more experience and knowledge then I. I humbly ask for MOC and others to enlighten me on the best way to proceed forward on this matter so that the township and I come to an amicable consensus. If they don't want me to work the polls with my sidearm so be it, but I WILL BE VOTING with it regardless if they like it or not.

My apologies for this long winded rant.

/rant off

Hevy
 

smellslikemichigan

Campaign Veteran
Joined
Jun 16, 2008
Messages
2,307
Location
Troy, Michigan, USA
Well for those of you who remember reading my post about me working the polls for the local township at the primary and the ensuing ****storm the clerk gave me about carrying my sidearm while working and my refusal to disarm for her.

(In case you missed it)
http://forums.opencarry.org/forums/...E-on-Aug-7th&p=1803463&viewfull=1#post1803463

A letter showed up in the mail today addressed to me from the township (I will post a redacted copy in the next day or so when i get a minute) stating the NEW policy for ANY township employee, contractor or visitor (who is not a LEO) will NOT allow the carrying of firearms/knives of any type/explosives/chemical weapons in, at, or around the polls or township property, functions or events. They are demanding I sign the document if I wish to continue to work at the polls. The letter also goes on to state they can and will search me, my property and/or vehicle at their will to make sure myself and/or others are in compliance with the new policy.

They also threatened to Trespass me and have me arrested if I show up at the polls with my firearm to vote or work.

Unbelievable, they are trying to take away my 2nd and 4th Amendment rights in one fail swoop. I am saddened and dismayed that they are forcing me to choose between what I feel is my civic duty to help with the election and my firm belief in the right to keep and bear arms.

I realize they can come up with whatever convoluted, garbage employment contract they want and try to strongarm workers into signing it. However their veiled threats to have me arrested if I come to vote with my sidearm infuriates me to no end.

I am unsure how to proceed from here. Obviously I will NOT sign ANY document relinquishing my rights which means I will probably be dismissed as a poll supervisor and will not be working at the election. I will not be bullied, intimidated or prevented from exercising my right to participate in the election.

I am contemplating writing a response to their letter informing them they can prevent me from working without my sidearm but they are a Township therefore falling under the provisions of the MCL 123.1102 statute (correct me please if I am wrong) and they CANNOT prevent me or anyone else for that matter from showing up for the election or any other Township function or event with my sidearm. Township property and buildings are public spaces and they have NO authority to regulate possession and/or carrying of weapons on that property.

The fact they are already threatening to have people arrested who violate their illegal policy needs to be addressed. I am looking for advice and opinions on this matter from the powers that be who have more experience and knowledge then I. I humbly ask for MOC and others to enlighten me on the best way to proceed forward on this matter so that the township and I come to an amicable consensus. If they don't want me to work the polls with my sidearm so be it, but I WILL BE VOTING with it regardless if they like it or not.

My apologies for this long winded rant.

/rant off

Hevy

just go and roll audio. you would have a major lawsuit if they attempt to interfere with your right to vote. my brother is currently suing 4-5 agencies in and around st joseph's county indiana for removing him from voting. and yes, they have no ability to stop you from carrying at any official township function. i will go with you to the next public meeting if you wish, as will many people i'm sure. if they "employ" you during the elections, they may be able to stop you from carrying while you act as an agent on their behalf. but they cannot stop you when you are a private citizen from attending a public function on public property.
 
Last edited:

SpringerXDacp

New member
Joined
May 12, 2006
Messages
3,341
Location
Burton, Michigan
I take it the Township trustees never heard of preemption?

As an employee of the township, he would be bound by policy/ordinance.

http://www.legislature.mi.gov/(S(xp...g.aspx?page=getobject&objectname=mcl-123-1103

123.1103 Permissible prohibitions or regulation.
Sec. 3.

This act does not prohibit a local unit of government from doing either of the following:

(a) Prohibiting or regulating conduct with a pistol or other firearm that is a criminal offense under state law.

(b) Prohibiting or regulating the transportation, carrying, or possession of pistols and other firearms by employees of that local unit of government in the course of their employment with that local unit of government.

History: 1990, Act 319, Eff. Mar. 28, 1991

 

Big Gay Al

Michigan Moderator
Joined
Aug 27, 2006
Messages
1,944
Location
Mason, Michigan, USA

smellslikemichigan

Campaign Veteran
Joined
Jun 16, 2008
Messages
2,307
Location
Troy, Michigan, USA
it seems like that letter (pending the reading of the actual text) is trying to make it illegal for employees even when they are not performing their duties. and the part about visitors seems to ban everyone from having weapons at ANY township function or property at ANY time.
 
Last edited:

Big Gay Al

Michigan Moderator
Joined
Aug 27, 2006
Messages
1,944
Location
Mason, Michigan, USA
it seems like that letter (pending the reading of the actual text) is trying to make it illegal for employees even when they are not performing their duties. and the part about visitors seems to ban everyone from having weapons at ANY township function or property at ANY time.
That's the way I read it too. If you ask me, a violation of the State's preemption law.
 

Tucker6900

Regular Member
Joined
Jul 10, 2008
Messages
1,279
Location
Iowa, USA
Seems like a tricky situation, but...

Unfortunately, IMHO, if you are employed by them, they can dictate what you do on the job. Two suggestions: Quit, if your not doing it for the money. Or, go to work unarmed, as required by employer policy, then after work, show up as a voter. And follow what the others are saying. RECORD, RECORD, RECORD!! Audio and video. Get names and pictures. Document as much as possible. And as for that letter, sends it back without signature. If they release you, so be it.

And to add, send them a letter stating the obvious state law they would be violating.
 
Last edited:

scot623

Regular Member
Joined
Oct 2, 2009
Messages
1,421
Location
Eastpointe, Michigan, USA
As written for employees , it appears mostly legal based on mcl123.1101. I don't see where this apply's to voters?
Also, searching employees cars no matter where they are parked? Really? What if you left your gun in your car at home?? Are they going to demand to search it and fire you when you tell them to pound sand??
 

jmlefler

Regular Member
Joined
May 19, 2008
Messages
287
Location
Southwest, Michigan, USA
As an employee of the township, he would be bound by policy/ordinance.

http://www.legislature.mi.gov/(S(xp...g.aspx?page=getobject&objectname=mcl-123-1103


As are the township officials. Let's not overlook this little gem...

"Any public official, appointed or elected, who is responsible for enforcing or upholding any law of this state and who wilfully and knowingly fails to uphold or enforce the law with the result that any person's legal rights are denied is guilty of a misdemeanor."

http://www.legislature.mi.gov/(S(es...leg.aspx?page=GetObject&objectname=mcl-752-11

Carry on
 
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