Cass Co. board bans enforcement of proposed MI gun laws; Sheriff says ‘stay in your lane’

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Cass County is taking a stand against potential new gun legislation in the wake of the Michigan State University mass shooting.

The County board Thursday unanimously approved a resolution opposing proposed Michigan Senate Bills 0076-0086 which would, among other things, require safe gun storage for owners, universal background checks and “red flag” laws.

Among other things, the resolution orders Cass County officials not to enforce any new amendments or legislation because they say it infringes on 2nd Amendment rights.

“Proposed legislation of any bills similar to, or under consideration by the Michigan State Legislature, would infringe upon the right to keep and bear arms of commonly owned firearms by the individual citizens of Cass County, Michigan, and is a direct violation of the 2nd Amendment to the U.S. Constitution,” the resolution reads. “The Cass County Board of Commissioners hereby orders that Cass County shall not support the enforcement of any new amendments or new legislation coming from Senate Bills 0076-0086, using county funds, appropriations, personnel, or property. The use of these limited resources is hereby banned from enforcing new amendments or new legislation. …

The Cass County Board of Commissioners encourages all elected officers of Cass County to support and enforce this resolution.”

During the meeting, an amendment was made to the resolution changing the the word “expects” to “encourages” officials to enforce the resolution.

Prior to the passing of the resolution, Cass County Sheriff Richard Behnke directed comments to the board.

“I support the resolution as far as supporting the laws,” Behnke said. “I do not support the fact that you’re trying to run my office and trying to tell me what to do. I feel that is against the law, and we will take full advantage doing our jobs the proper way.”

Behnke added he is a Michigan State man, and believes the new laws would not have stopped the incident at MSU. But, he advised the county commission not to overstep their bounds.

“You have the right to do resolutions to any laws or anything that you please,” Behnke said. ” Just try to … stay in your lane, so to speak, and don’t tell the elected officials what to do.”

Cass County Chief Judge Carol Bealor also commented on the resolution.

“In my opinion, and this is just my opinion as a judge, the right to bear arms is not absolute in terms of our felons and some people that have restrictions placed on them,” she said. “I want to be sure that we can continue to impose those restrictions. I understand that many of you don’t feel those restrictions are effective, but I have seen weapons confiscated from felons or from people entering our jail or from people entering our building. Security removes them from people. So it’s not an absolute right to bear arms anywhere, anytime, any place.

“I don’t know right now as we stand here, what legislation will stream from Senate Bills 0076-0086. Just speaking for myself as a judge, I have to follow whatever the law is in effect at the time. … You don’t want your judges legislating from the bench, I don’t think.”

There was also about 2 hours of public comment with a mix of county residents against the resolution, for the resolution, and in strong favor of guns in general. Several in attendance, including Bealor, had children who attend MSU.

Commissioner Roseann Marchetti, whose daughter attended the university, expresssed agreement that none of the new laws would have prevented the tragedy.

Read the full resolution at the Cass County website. Watch the whole meeting on YouTube.