Second Amendment refuge: Eaton commissioners urge 'discretion' in enforcing gun laws

Correction: A previous version of this story listed Commissioner Scott Hansen as a Democrat and omitted Commissioner Mark Mudry as a Democratic member.

CHARLOTTE — Eaton County commissioners issued narrow decisions Thursday on a pair of hot button resolutions that declared the county a Second Amendment refuge, and recognized June as Pride Month.

The Eaton County Board voted, 8-7 along party lines, to establish Eaton County as a “place of refuge” for constitutional rights, specifically the Second Amendment right to bear arms. The resolution “strongly encourages” the county’s sheriff and prosecuting attorney to use their “utmost discretion” in enforcing gun control statutes that they identify as “contrary to the rights” afforded by the U.S. and Michigan constitutions.

“What we're doing with this red flag stuff is saying that you are guilty until proven innocent, and that's not the way our United States works,” Commissioner Brian Droscha, a Republican, said in introducing the resolution.

The Second Amendment measure, which says the board will not appropriate any funding or hire new employees for the “sole purpose” of enforcing gun control laws, passed with all Republican members — Tim Barnes, Blake Mulder, Droscha, Scott Hansen, Brian Lautzenheiser, Jim Mott, Frank Holmes and Barbara Rogers — in favor while all Democratic members — Terrance Augustine, Brandon Haskell, Jeanne Pearl-Wright, Trevor Youngquist, Joseph Brehler, Jacob Toomey and Mark Mudry — opposed it.

In a second resolution, the board adopted, by a 9-6 bipartisan vote, a resolution recognizing June as Pride Month for the first time, which drew anti-LGBTQ comments from several Republicans. Mulder and Lautzenheiser joined all Democrats to approve the measure.

“Jesus tells me to love my neighbors, and I have no reason why I wouldn't love any people that this is discussing, so I can't oppose it,” Mulder said.

Claiming new gun laws violate constitutional guarantees

Eaton County is the latest of several Michigan counties to support such Second Amendment resolutions. Livingston County recently approved a similar course of action, and other counties across the state have made such statements.

The Eaton County resolution doesn’t require Sheriff Tom Reich or Prosecutor Douglas Lloyd to refrain from enforcing any specific laws; that decision lies with the two officials themselves, who have significant discretion in enforcement and charging decisions.

Reich declined to comment on the resolution and Lloyd did not respond to a message left with his office. Neither has commented publicly on their intentions to enforce the state’s new gun laws.

The resolution was slammed by several Democratic commissioners who opposed the resolution.

“You're actively asking our employees and other elected officials to break the Michigan law, which is a terrible precedent and we should have no business doing that,” Commissioner Jacob Toomey said.

Toomey later said in an email that the resolution shows “some commissioners are more interested in protecting their political position on guns than providing the public safety and services Eaton County residents deserve.

Droscha, during the meeting, called Michigan's newly approved red flag law "nonsense." Holmes echoed Droscha’s comments.

“It’s not the gun, it’s the person, and we should not be trying to take away rights under the U.S. and Michigan Constitution by making laws that contradict the Constitution,” he said.

Haskell said if Eaton County is declaring itself a haven for constitutional rights, it must follow separation of powers that would invalidate the resolution. He later said the resolution is a “little bit of an embarrassment for the county.”

“I think it's not enforceable and I hope to have a conversation with our sheriff and prosecutor about it,” he said.

Haskell and Toomey also pointed to the board’s Feb. 15 meeting at which a resolution offering support for Michigan State University and advocating for “effective and comprehensive gun safety legislation” was voted down by Republican commissioners.

“Every Republican commissioner voted against my proposal, stating that these priorities are not 'Eaton County issues,' yet decide this logic doesn’t apply when a resolution aligns with their political agenda,” Toomey said.

First-time Pride in Eaton County

Pride Month has been celebrated since the 1970s and was officially recognized by Michigan in a bipartisan measure in 2021 — but Senate Republicans blocked the resolution in 2022.

Hansen joined other board Republicans in opposing the local measure, saying pro-LGBTQ legislation “violates biblical principles.”

Holmes said non-LGBTQ members of his district shouldn’t be asked to promote the “choices” of his constituents who may be members of the LGBTQ community, which he estimated to be about 4% of his district.

Holmes said he’d had trouble explaining to the "96%" of non-LGBTQ constituents why he’s supporting the lifestyles of a “small minority” with which they may not agree.

Droscha also took issue with singling out specific groups of marginalized individuals within the resolution.

“My question is, as a county commission board, wouldn’t we do better for our constituents if we said, ‘All lives matter, everybody's important, let's celebrate everyone?'” he asked.

“I mean, what would happen if I brought...” Droscha began, before being cut off by another member to “end embarrassment” and bring the resolution to a vote.

Contact Sheldon Krause at skrause@lsj.com. Follow him on Twitter @sheldonjkrause.

This article originally appeared on Lansing State Journal: Second Amendment, Pride Month both win recognition from Eaton officials