Livingston County considers breaking with state over new Michigan gun laws

Livingston County weighs enforcing newly-enacted gun laws

At least one county in Michigan is weighing a resolution that would ask the sheriff and prosecutor to use discretion when enforcing newly-passed gun laws in Michigan, which include safe storage and expanded background checks ordinances.

LIVINGSTON COUNTY, Mich. (FOX 2) - The Livingston County Board of Commissioners is expected to vote on a resolution about enforcing some of the state's newly-enacted gun laws.

The county sheriff has already announced his opposition to a yet-to-be-signed bill that would enable judges to seize someone's guns if they're considered a threat to themselves or someone else. The Michigan governor is expected to sign the ‘red flag’ bill into law.

The board is set to weigh in on whether the sheriff and prosecutor should have discretion over the extreme risk protection order, as well as the two other laws dealing with mandatory safe storage and expanded background checks.

Sheriff Michael Murphy said he was doing the "proper thing" by not enforcing the extreme risk protection order law.

"I don't believe my constituents want red-flag laws enforced because they are unconstitutional," he said, adding he believed the legislation was approved "based on emotion."

Murphy said the bill is "totally contrary" to the country's justice system because it places the onus on the gun owner to prove they are not a danger.

Attorney General Dana Nessel chided the sheriff last week, saying it was irresponsible for the sheriff to not enforce the law.

Livingston County sheriff won't enforce state's coming red flag laws

The ink wasn't even dry on the newly adopted red-flag law this week when Sheriff Michael Murphy said he would not enforce it.

"Whenever law enforcement has an opportunity to prevent someone from being murdered or taking their own life, and they refuse to do anything, that's their job is to protect the public," she said, adding that she can't personally force the sheriff to enforce the rule.

Beyond the sheriff's criticism against the bill, it has already faced lawsuits from the Great Lakes Gun Rights advocacy group. A judge denied its request for immediate relief to stay the laws after it sued the state House and Senate for violating the open meetings act.

Michigan Open Carry is a plaintiff in the case.

The state Senate approved an amended version of the extreme risk protection order bill days after the House debated adding more due process elements to its language.

Issues around gun legislation in Michigan likely aren't going anywhere as lawmakers weigh the next batch of regulations, which could include anything from a limit on magazine sizes to a ban on assault rifles.

Read about the new batch of potential gun bills and their challenges here.