It’s been a busy month for Michigan’s Democrats looking to weaken gun rights. Governor Gretchen Whitmer has already signed two gun bills this month dealing with background checks and gun storage rules. Now she’s expected to sign a new “red flag” bill into law. But that appears to be a bridge too far for Livingston County. The board of county commissioners passed a resolution on Monday declaring themselves a Constitutional County. The resolution proclaims that the County Sheriff and local prosecutors have the “utmost discretion” when it comes to enforcing the law and prosecuting crimes. And it was clearly intended to empower them to ignore the newly passed gun laws. (Fox News Detroit)

On Monday Livingston County declared itself a so-called “Constitutional County.”

The county’s board of commissioners voted unanimously to pass this resolution. Many are saying this is a grassroots effort to push back against Democrat Gov. Gretchen Whitmer’s gun control policies.

“You gentlemen are patriots,” said one resident during public comment.

Sheriff Mike Murphy probably benefits from this resolution the most. He already released a public statement saying that he does not support the red flag law and suggested that he wouldn’t enforce it. Whitmer continues to claim that the bills all enjoy majority support across the state.

What remains unclear is what the state government can do about it if officials in one county simply refuse to enforce a law. Michigan does have a law allowing the Governor to remove a county sheriff, but it is a long, complicated process requiring many steps and hearings. And given the conservative makeup of Livingston County, Murphy would probably just be replaced by someone with the same attitude.

It’s kind of a shame that things are playing out in this fashion. This isn’t how it’s supposed to work. Laws passed at the state level are supposed to apply to the entire state. If people don’t like the laws being passed by the state government, they need to make better arguments, win more elections, and amend or repeal those laws.

But the direct impact of such a decision, in this case, would be difficult to pin down. Law enforcement always has the ability to make the call as to when someone is arrested or other types of intervention are required. And the County Prosecutor has “prosecutorial discretion” just like any District Attorney. That’s particularly true for red flag laws like this one because proving that someone’s words or nonviolent actions make them “a threat to themselves or others” is impossible in many cases.

Some cases will clearly be more obvious than others and people who have engaged in domestic violence clearly should not be allowed to possess firearms. But when Sheriff Murphy was delivering his remarks, one person in attendance pointed out how anyone “can file a charge against you and say he’s crazy, and then he has to prove his own innocence after the guns are taken away.”

It’s definitely a fine line to walk. But at least in Livingston County, it sounds like residents will be less likely to have a deputy show up and remove their firearms than in other parts of the state.