HOWELL, Mich. (WXYZ) — The Michigan state legislature passed a series of bills regarding extreme risk protection orders, also known as red flag laws Wednesday. However, local counties are already saying they’ll defy the future laws. Livingston County is among them.
A subcommittee of the Livingston County Board of Commissioners has already approved a resolution reaffirming their commitment to upholding the Second Amendment. In it, they pledge to not allow resources to be spent enforcing any law deemed to be contrary to the Constitution.
Livingston County Sheriff Mike Murphy admits he took issue with the initial wording of the new resolution because he felt it hamstrung his office.
“The heartburn I had with the initial resolution was the fact that it essentially spoke to how I was going to do my job here at the sheriff’s office,” explained Murphy. “You know, the board of commissioners can’t tell me how to run my office quite frankly.”
He’s clear on where he stands on the new gun control legislation.
“You know, I made it very clear early on where I stood on the whole constitution thing. I was one of the first sheriffs that came out and said I was not going to enforce the mask mandates that the governor had overstepped her authority to continue. So there’s really no question or should be a question in the voters’ minds where I’m at,” said Murphy.
He says, overall, he thinks the recent gun control coming from the Michigan legislature is a “feel good thing.”
He admits he’s unclear of the final language of the red flag law, which just cleared the state senate Wednesday. Absent those bills, however, he doesn’t believe the new laws are unconstitutional.
“Everything that has been passed to this point, short of the red flag laws, are all ‘after the fact laws,’” said Murphy. “In my opinion, it was very disingenuous that this was being sold as a ‘This is going to protect people, this is going to save people.’”
As for the red flag laws, he’s worried they will violate the public’s due process.
“For me, it’s going to be a true hearing that takes place in a court where both sides are heard,” Murphy said.
So, what does he think could make a big difference?
“The biggest thing in gun control is mental health. It always has been,” explained Murphy.
State Representative Kelly Breen is one of the authors of the gun control legislation. She responded to Murphy’s assertion.
“You know what? I am so glad that so many people are behind improving our mental health system. And I’m going to hold them to that. But this is not an either-or situation. There’s no reason in the world why we can’t utilize these firearm bills and improve affordability and accessibility to mental health,” said Murphy.
She reacted to some counties and law enforcement asserting they will not enforce the new and future laws.
“I have the utmost respect for law enforcement and that’s why we worked hand in hand with the Michigan Sheriff’s Association and these bills have earned the support of the Michigan Sheriff’s Association, the Michigan Chiefs of Police, as well as the Fraternal Order of Police,” Breen explained
She also responded to the suggestion the red flag laws could infringe upon the public’s due process.
She said guns can be removed from a person if a judge approves the request.
“What happens after that? There’s a hearing, there’s evidence, there’s testimony. The respondent will have the ability to confront the petitioner. So that is due process,” said Breen.
