Republicans flipped Michigan's House of Representatives last week, but they won't officially have a majority until the 2025 legislative session begins. Democrats in Lansing are using a lame duck session to try to get as many bills as possible to Gov. Gretchen Whitmer's desk, including new restrictions on the right to carry.
On Thursday, the legislature gave final approval to bills barring open carry at polling sites, absentee ballot counting locations, and city and township clerks' offices, sending the bills to Whitmer for her signature.
Banning guns at polling places has long been a priority of Secretary of State Jocelyn Benson. She previously said the move would protect voters and allow them to exercise their right to vote without fearing threats, intimidation or harassment. In 2020, Benson issued a directive banning open carry at polling places, but a judge struck down her ban prior to the November election that year, saying it’s up to the lawmakers to enact a ban.
It's worth noting that the prohibition only impacts the open carrying of firearms. Concealed carry is still allowed in these locations, so long as the bearer possesses a valid carry license. The bills originally would have included concealed carry in its restriction, but the legislation was amended before the final votes were cast.
The legislature is also expected to approve bills banning guns at the state capitol building and House and Senate offices, one of which went through major changes before today's vote.
One of the bills also featured a proposed change in law that would have barred those licensed to carry concealed weapons from having their firearms inside churches, sports arenas, hospitals and businesses licensed through the state's liquor control code.
The organization Great Lakes Gun Rights posted on social media that the proposal, as originally written, would have made it illegal for concealed pistol license holders to carry in "thousands of places where they can carry under current law."
"This isn't about gun safety," Great Lakes Gun Rights wrote on the website X. "This isn't about going after criminals. This is about making self-defense virtually illegal in Michigan."
Senate Democrats claim that SB 858's extensive "sensitive places" were the result of a "drafting error" and weren't meant to be included in the bill introduced by Sen. Rosemary Bayer, but Second Amendment advocates and some Republicans in the legislature aren't buying that excuse.
Tom Lambert, legislative director for the organization Michigan Open Carry, said he believes the language that Senate Democrats say they'll change was intentional.
"This should have jumped out at them immediately," Lambert said.
The bills were first introduced in May.
Senate Minority Leader Aric Nesbitt, R-Porter Township, said the bills were a "last ditch effort by lame duck Democrats to essentially ban concealed carry across the state."
"It's despicable, and Senate Republicans will fight it every step of the way," Nesbitt said.
As of mid-afternoon on Thursday the Senate had yet to take up SB 858, but barring any last-minute bait-and-switch the bill won't impact the right to carry beyond the state capitol complex.
Update: The language in SB 857 and 858 that would have effectively gutted the rights of CPL holders in Michigan was a drafting "error," according to Democrat Senate leadership.
— GreatLakesGunRights (@GLGunRights) November 14, 2024
We're not buying it either, since it's been in the bill language for months.
But thanks to… https://t.co/ZEt3Eif24g
Whether it was correcting an honest mistake or responding to an outpouring of opposition, it's still a win for gun owners... and a somewhat surprising move by Democrats.
With just two months left before Republicans take control of the state House, many Democratic lawmakers are hoping to adopt some pretty extreme measures, including allowing illegal immigrants to get drivers licenses and allowing public schools to distribute condoms to students. A New York-style "sensitive places" bill like the original text of SB 858 would be right in line with the priorities of far-left legislators, and it's a positive sign that Democrat Senate leadership apparently balked at banning lawful carry in places like churches and restaurants that serve alcohol.
Michigan gun owners have a long way to go to convince Democrats to start supporting pro-2A legislation instead of watering down their anti-gun bills, but this is still progress. Democrats are already thinking about how to retake the House two years from now, and it sure looks like they realize that creating a host of "gun-free zones" would hurt, not help, their chances in 2026.
