Livingston County Sheriff Mike Murphy chastised the Livingston County Board of Commissioners on Tuesday on two points over its updated resolution declaring Livingston a 2A Sanctuary County.
“I am disappointed in the process here,” Murphy said. “The 2A folks know what’s going on here, but the general public does not. That’s not cool.”
From the Pledge of Allegiance led by a representative of the Livingston County 2A organization to the parade of 2A supporters during the meeting’s call to the public, it was apparent that the resolution had been circulated among a friendly crowd, many of whom showed up to read and applaud prepared statements. It was apparent that anyone holding a contrary point of view had not been invited to the party.
Also “not cool” to Murphy was that while the resolution named him by name, no one reached out to him about it.
“I found out about this proposed resolution on Sunday,” Murphy said. “It dictates how my office is run. That’s not your job. It’s my job. I take exception to that.”
Despite the supportive audience, the resolution was not on the agenda of Tuesday’s meeting; however, it is on the agenda for Monday’s meeting of the commission’s Courts, Public Safety, and Infrastructure Development Committee. That meeting begins at 6 p.m. Monday, April 17, and attendance can be both in-person and virtual via Zoom. Here are the details:
Meeting Monday, 4/17
Monday, April 17, 2023 @ 6:00 PM
Hybrid In-Person and Virtual Meeting
304 E. Grand River Ave., Board Chambers, Howell, Michigan
Zoom Virtual Meeting ID: 399-700-0062 / Password: LCBOC
https://us02web.zoom.us/j/3997000062
Murphy said that while he views the universal background checks and safe storage laws as “not a big deal,” he has problems with the extreme risk protection orders — more commonly known as the red flag laws — which have proven to be the most controversial of Michigan’s new legislation, and he said on Tuesday that his department will not enforce them.
Under red flag laws, family members, medical professionals, guardians, former dating partners, or law enforcement officials would be able to ask a judge to temporarily take firearms from someone believed to be a danger to themselves and others. In most states with red flag laws, the temporary order lasts up to 14 days, and the court must hold a hearing within that time period to allow the person to defend themselves and contest the order. Nineteen states and Washington, D.C., have red flag laws, under which judges authorize the temporary seizure of guns from those deemed dangerous to themselves or others. While supporters view red flag laws as a way to get firearms out of the possession of someone who should not have them, opponents view them as unconstitutional violations of due process.
As with the mask mandates during the pandemic, Murphy said he will not enforce red flag laws because he views them as unconstitutional.
“There’s no due process,” Murphy said. “The court orders guns taken away before anyone had their day in court.”
Murphy sees that there is also room for abuse with the red flag laws.
“We saw that happen with PPOs (personal protection orders),” he said.
Murphy said he feels the commissioners misunderstand their role: “The county board has no legislative authority,” he said. “They are not the sheriff or the prosecutor or the courts. There’s a mis-perception that the county board can tell the elected officials what to do.”
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You can read the updated Livingston County 2A Sanctuary County below:
Resolution by the Livingston County Board of Commissioners in Support of the Second Amendment of the US Constitution and the Michigan Constitution – Board of Commissioners
WHEREAS, the Second Amendment to The Constitution of the United States of America, ratified in 1791 as part of the Bill of Rights, states “A well-regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed”; and
WHEREAS, Article I, Section 6 of the Michigan Constitution (1963) provides that “Every person has a right to keep and bear arms for the defense of himself and the state”; and
WHEREAS, it is the desire of this Board to reaffirm its commitment and support of The Constitution of the
United States of America as well as the Constitution of the State of Michigan including all amendments which protect Livingston County citizens’ individual rights; and
WHEREAS, each Livingston County Commissioner, as provided by Article IX, Section 1, of the Michigan Constitution (1963), took an oath to support The Constitution of the United States of America and the Michigan Constitution; and
WHEREAS, a “Constitutional County” is defined as a place of refuge for the law-abiding citizen in regards to the citizens’ rights under The Constitution of the United States of America and Michigan Constitution including but not limited to the Second Amendment right to Keep and Bear Arms; and
NOW THEREFORE IT IS HEREBY RESOLVED, by the Livingston County Board of Commissioners, that the County of Livingston, Michigan, be, and hereby is, declared to be a “Constitutional County”; and
IT IS FURTHER RESOLVED that this Board affirms its support for the Livingston County Sheriff and the Livingston County Prosecuting Attorney and acknowledges and respects their respective oaths of office. This board strongly encourages their utmost discretion in the exercise of their duties in enforcing any statute, law, rule, order, or regulation that is contrary to the rights established by The Constitution of the United States of America and the State of Michigan Constitution; and
BE IT FURTHER RESOLVED that 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; and
BE IT FURTHER RESOLVED that the Board respectfully requests the Michigan Legislature, the United States Congress, and other agencies of State and Federal government to vigilantly preserve and protect those rights by rejecting any provision, statute, law, rule, order or regulation that may infringe, have tendency to infringe or place any additional burdens on the rights of law-abiding citizens to keep and bear arms; and
BE IT FURTHER RESOLVED, that a copy of this Resolution be sent to Governor Gretchen Whitmer, Michigan Senators Lana Theis, Michigan House Representatives Ann Bollin, Robert Bezotte, Jennifer Conlin, Mike Mueller and the other 82 county board of commissions in the State of Michigan, U.S. Congress Representative Elissa Slotkin, U.S. Senators Gary Peters, Debbie Stabenow, the Livingston County Sheriff Mike Murphy, and the Livingston County Prosecuting Attorney David Reader and all county department directors.
