LIVINGSTON COUNTY (WWJ) – Michigan will soon have a so-called “Red Flag Law,” allowing police, family members, healthcare providers and others to petition a court to have a person’s firearms temporarily seized if they’re determined to be an imminent threat to themselves or others.
After passing through the Michigan legislature – along with safe storage and background check bills that have been signed into law – the extreme risk protection order legislation is making its way to the desk of Gov. Gretchen Whitmer for final approval.
But as WWJ’s Brian Fisher learns on a new Daily J podcast, the legislation is being met with opposition across the state, including in Livingston County.
The county’s board of commissioners on Monday voted unanimously to adopt a resolution declaring Livingston County a “constitutional county,” meaning Sheriff Mike Murphy would not enforce the laws once they go into effect.
The idea of such constitutional counties is gaining traction across the country as lawmakers fight over gun reform.
But can counties simply choose to not enforce certain laws? Is Livingston County exempt from the forthcoming law simply by passing a resolution?
“The short answer is no,” said Mike McDaniel, a constitutional law professor at Western Michigan University and retired Brigadier General for the U.S. Army. “First of all, they’re not passing a law. They’re passing a non-binding resolution. In essence, they’re making a political statement, saying that they believe the actions of the state legislature are wrong.”
In his mind, McDaniel says it’s a “political statement in support of a strict reading of the Second Amendment without any liability or consequences for the individuals making that statement.”
It’s also “highly unenforceable” and outside the authority of the county board of commissioners “to do anything in this matter other than make such a statement,” according to McDaniel.
What recourse could the state take if the county declines to enforce the law? McDaniel says two possibilities come to mind.
“The first is, of course, that Michigan State Police have statewide jurisdiction over any state laws, and that would apply in this case,” he said, noting it would require an expansion of MSP duties, personnel, training and funding.
“The other is that the state legislature, again assuming it’s got the votes, would be able to constitutionally condition state dollars allocated to counties based on their willingness to comply with state laws,” McDaniel said.
But many residents in Livingston County stood up for their beliefs at Monday’s board of commissioners meeting, including one woman who said she’s “really tired of the eroding away of our fundamental constitutional rights as American citizens.”
Only two residents spoke in opposition of the resolution.
It is not yet clear when Whitmer will sign the ERPO legislation into law.
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