(CBS DETROIT) – Open-carry at the polls is now legal on Election Day.

A directive meant to ban the act was struck down Tuesday in a Michigan court room.

“We’re seeing in Wayne County that CPL applications are out nine months so we’ve got members that have taken the class but they can’t get an appointment with the county clerk for nine months, so they’re only way to have self-protection is to open carry,” said Joey Roberts, Michigan Open Carry Inc. president.

But Michigan Secretary Of State Jocelyn Benson is not going down without a fight, the state’s chief election officer and Attorney General Dana Nessel filed an emergency hearing with the court of appeals to challenge the decision.

Earlier this month, Secretary Benson issued the directive, banning open carry at the polls on election day to minimize the threat of voter intimidation.

Members from Michigan Gun Owners, Michigan Open Carry Inc. and Michigan Coalition For Responsible Gun Owners gained a victory from Court Of Claims Judge Christopher Murray who ruled that Benson’s directive didn’t align with the process of state law.

“This isn’t just about firearms. This is about a process that the state is kind of you know for the past seven months not wanting to follow. We see it as an abuse of power by the executive branch,” said Roberts.

Michigan State Police initially planned to enforce the directive but the court’s ruling strips away that power.

MSP Public Affairs Manager Shannon Banner released a statement to CW50 saying, “The injunction issued by the court prohibits enforcement of the directive issued by the Secretary of State regarding the open carrying of firearms at polling locations, and we intend to comply with the court’s order.”

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