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Michigan sheriffs split on whether to enforce potential 'red flag law'

One county sheriff has made clear his belief that the gun reform legislation, set for a signature from Governor Gretchen Whitmer at any time, is unconstitutional.

MICHIGAN, USA — As Governor Gretchen Whitmer is poised to sign a key component of her party's legislative efforts on firearms reform, some sheriffs have said they're hesitant to enforce it.

Livingston County Sheriff Michael Murphy took to Facebook after Senate Bill 83 passed both the Michigan House and Senate, saying he believed the bill to be unconstitutional.

"'A hearing will be held within 14 days or five days,'" Murphy said on a video posted to the Livingston County Sheriff's Office's Facebook page, reading from the bill's text. "Now it depends on a couple of things, whether it's a 14-day or five-day. This is the biggest issue — I've got a lot of issues with this law — but this is the biggest issue right here. We're taking possession of somebody's property before the person has an opportunity to defend themselves."

SB 83 that was presented to the governor's office on May 9 would allow courts to issue an extreme risk protection order to prohibit someone from owning firearms for at least one year if they are deemed a danger to themselves or others.

The bill is the third major priority of Democratic lawmakers' renewed push for firearms reform following the Feb. 13 mass shooting on the East Lansing campus of Michigan State University. Measures requiring both universal background checks for firearms purchases and secure storage of guns away from minors have already been signed into law.

Other sheriffs are taking a different approach than Murphy to its enforcement.

"We fully intend to enforce this, once it becomes a law, recognizing that there's a lot of concern from some sheriffs, and recognizing that the community is asking for these things," Kalamazoo County Sheriff Richard Fuller said. "But, we also recognize that this is a legal order coming from a court. And so we will enforce our court orders."

A spokesperson for Michigan Attorney General Dana Nessel said both Murphy and Fuller were within the rights of their offices, telling 13 On Your Side in a statement that "sheriffs and prosecutors are elected officials within their communities who do have discretion as to which laws they will enforce with the resources of their office."

While Nessel's office clarified that they believe "the argument that these laws are unconstitutional, illegal or unenforceable are not based in the law," her office said it would be up to local residents to judge such actions on the part of their sheriffs.

"If they choose not to enforce laws to prevent gun violence, avoidable injury and death, that is a decision for their constituency to evaluate," the statement read. "These decisions will ultimately be judged by the voters in their county."

Although he recognizes sheriffs' concerns, Fuller said he's confident courts and sheriffs will work together to recognize the law.

"I think, in the end, that they will come to an agreement that there's a need, and that the law is a legal standing law, and that they have a duty to perform those duties," Fuller said.

Governor Whitmer is currently on a trip abroad, but is now clear to sign the bill at any time.

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