Can counties legally ignore Michigan’s red flag laws?

Among Michigan’s new gun laws are universal background checks, safe storage requirements, and perhaps the most controversial, extreme risk protection orders, which allow certain people to petition the court to have someone’s guns taken away.

Those “red flag laws” aren’t sitting well with some Michigan counties and commissioners are giving law enforcement the option to enforce them.

But is that legal?

In a unanimous vote in April, the Livingston County Board of Commissioners reaffirmed calling itself a “constitutional county.”

A resolution to symbolize that it respects the second amendment and the right to keep and bear arms.

The sheriff and prosecutor there were told to use their discretion when enforcing Michigan’s new gun laws.