Judge denies request to block Michigan's new gun safety laws
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A Michigan Court of Claims judge has denied a request from a pair of pro-firearm groups seeking to temporarily stop the state's new gun safety laws from taking effect.
Michigan Open Carry, Inc. and Great Lakes Gun Rights filed in the Court of Claims last week seeking a court order to place a temporary restraining order against the laws and legislation, with the argument that lawmakers violated Michigan's Open Meetings Act (OMA) by not allowing balanced testimony during committee hearings on the bills.
Judge Thomas Cameron issued an eight-page opinion Tuesday stating the groups were unlikely to succeed on the merits of their lawsuit because they had failed to identify the Legislature's violation of the OMA in their initial complaint.
"Plaintiffs’ argument on this point is brief and vague. Plaintiffs have failed to identify what defendants’ specific rules are and how defendants violated them," Cameron wrote. "Without more specific information about how defendants violated the OMA, this Court cannot conclude at this stage that plaintiffs are likely to prevail on the merits of their claims."
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In addition to not identifying specific OMA violations, the pro-gun groups did not establish "irreparable harm," Cameron wrote, meaning he couldn't issue an injunction against the new gun laws.
The Court of Claims is where lawsuits against the state or state agencies are filed. Cameron's decision can be appealed to the Michigan Supreme Court.
Earlier this month, Gov. Gretchen Whitmer signed legislation expanding background checks on firearm purchases and creating criminal penalties for gun owners who fail to keep firearms out of the hands of minors, commonly referred to as "safe storage" laws. The bills are slated to go into effect next year.
She's also expected to sign "red flag" legislation to temporarily confiscate guns from those deemed a risk to themselves or others by a court, after the Senate passed the proposal Wednesday.
Advocates for stricter gun safety laws in Michigan, mostly Democrats, increased calls for legislation after a February mass shooting at Michigan State University led to the deaths of three students and injured five others.
Contact Arpan Lobo: alobo@freepress.com. Follow him on Twitter @arpanlobo.
This article originally appeared on Detroit Free Press: Judge denies request to pause new Michigan gun laws
