April O'Neil / news@WHMI.com

The Livingston County Board of Commissioners approved a resolution to declare Livingston County a “Constitutional County” after a unanimous vote at their latest meeting on Monday, April 24th.

The Board’s resolution states “this Board will not authorize or appropriate new funds, resources, employees, agencies, contractors, buildings, detention centers or offices for the sole purposes of enforcing any statute, law, rule, order, or regulation that restricts the rights of any law-abiding citizen affirmed by the Second Amendment or Article 1, Section 6, of the Michigan Constitution, nor be used to aid any state or federal agency in infringing or restricting such rights”.

The Michigan Legislature passed various gun safety measures earlier this month. Among them are extreme risk protection orders or “red flag" laws that empower courts to temporarily remove guns from those posing a danger to themselves or others.

The Board’s resolution seeks to discourage the Livingston County Sheriff and Prosecutor from enforcing "red flag" laws.

Livingston County Sheriff Mike Murphy has previously stated he will not enforce any “red flag” laws and believes they are unconstitutional and will violate the public’s due process.

Also, it was noted by Commissioner Wes Nakagiri, if the sheriff required funding to enforce a "red flag" law, the board has the right to “not approve” funding whatsoever.

On Monday, April 17th, a subcommittee of a few Board members voted unanimously in favor of the resolution. At that meeting, the Call to Public allowed residents both virtually and in-person to speak their opinions on the motion, which were divided almost 50/50.

But on Monday, April 24th, the opinions during Call to Public were mostly in support of the resolution; again, both virtually and in-person.

The Livingston County’s Board’s decision was made on the basis of the "red flag" laws as being “unconstitutional,” as supporters made it known at Monday night’s meeting.

“In the end, when you actually read what they’re proposing in the "red flag" law, it is a certain impunity of our rights. And the presumption that we could halt a mass shooting is a virtuous intention. But these are the good intentions that become bricks that pave a road that leads to tyranny. So I’m voting in favor,” said Commissioner Martin Smith.

Those opposed to the resolution have stated the concept of a “constitutional county” is found nowhere in the Michigan Constitution or the U.S. Constitution and was entirely fabricated to fit the views of those in favor.

Some have referred to the resolution as a political power grab on the part of the all-Republican Board of Commissioners and assert it is not up to board, sheriff, or prosecutor to determine which laws are constitutional- but the courts.

“The county is exposing the taxpayers to potential legal and financial liability for selective prosecution if it chooses to enforce some laws and ignore others... This resolution not only will make Livingston County families more vulnerable; it will also leave the public wondering what laws in the future are going to be tossed to the wayside," said the Livingston County Democratic Executive Committee in a statement following Monday's meeting. A press release is attached.

Comments on the Michigan Legislature’s handling of COVID-19 protocol, abortion rights, and Christian morale were all brought up by the both the council and the public in defense of supporting the resolution.

The meeting adjourned after nearly four hours. All the while, the “Trump Unity Bridge” was parked outside the building (pictured) located on Grand River Avenue in Howell.

Governor Whitmer is expected to sign off on "red flag" laws within the next few days.