Garrett Neese/Daily Mining Gazette Copper City resident Teresa Kariniemi argues in favor of a Houghton County Board resolution reaffirming the board’s support for the state and U.S. constitutions, while also calling on Michigan’s legislators not to pass bills conflicting with state and federal constitutional protections for gun ownership.

HOUGHTON — After nearly an hour of public comment, the Houghton County Board approved a resolution Tuesday calling on Michigan’s legislators not to pass bills conflicting with the Second Amendment or the corresponding section in the state constitution, while also calling for increased mental health funding.

The board voted 4-1 in favor of the resolution, which also included a pledge to continue to support the U.S. and Michigan constitutions.

The board also gave their support for the sheriff and prosecution attorney not to enforce a law against Houghton County residents if they jointly decide the law might violate the U.S. and state constitutions.

Copper Country Republican Party Chair Dan Holcomb, who helped to write the resolution, said legislation being passed in Lansing infringed on rights while not addressing the mental health issue.

“We firmly believe that if the Second Amendment is infringed, it will set a dangerous precedent that will undermine the rest of our constitutional rights, including, but not limited, to our First and Fourth Amendment rights,” he said.

The resolution lists several examples of legislation to be considered unconstitutional, including a red flag law exceeding the current personal protection order process and mandatory storage requirements.

Both were part of a multi-bill package approved by Michigan’s Senate last month. A House panel advanced a four-bill package regarding red flag laws Wednesday.

Gov. Gretchen Whitmer has said she intends to sign the legislation.

Unlike a 2020 resolution voted down by the board, the one the board approved Tuesday also devoted space to mental health, pointing to the mental health issues identified in many mass shooters and the underfunded mental health services in Michigan.

Tuesday’s board resolution called for adequate funding of mental health services to provide for timely intervention, while also ensuring they don’t infringe on the constitutional rights of the people who need the services.

Similar resolutions are coming before other county boards. Alger County approved two resolutions at its meeting Monday opposing gun control bills and declaring Alger County a Second Amendment sanctuary county.

In 2020, the Houghton county board voted 3-2 against resolutions that would have declared the county a Second Amendment sanctuary. After an initial version was rejected, the board also voted down a revision that stated in part that county resources should not be used to infringe or restrict Second Amendment rights, or aid any state or federal agency in doing the same.

Vice Chair Roy Britz and Commissioner Glenn Anderson, who voted no in 2020, backed Tuesday’s resolution, which they said differed significantly from the sanctuary county measure.

Britz said laws should be enforced until the public elects new legislators who change the laws. However, with the new resolution putting no mandate on the county, he supported it as a free-speech issue.

“I don’t believe the county government can choose what they want to enforce, but the writers of this have the right under the constitution to put that in there,” he said. “I believe in the constitution, and I’ll support them on that.”

Britz referenced comments from earlier in the meeting by Sheriff Joshua Saaranen, who said he would not determine what laws are constitutional.

“I believe in our sheriff, and I believe in our prosecutor today … the sheriff has the constitutional responsibility to enforce the laws in Michigan and the United States. The prosecutor has basically unlimited discretion on what they want to prosecute or not prosecute. They have to answer to you as voters, as I have to answer you as voters. If you don’t feel they’re doing their constitutional job, it’s up to you to vote them out.”

They said they also appreciated the focus on funding mental health treatment.

“As a commissioner, my goal is someday to have 24-hour mental health walk-in service for Houghton County,” Anderson said. “That day hasn’t come yet.”

Commissioner Gretchen Janssen, who cast the only vote against the resolution, said she did not appreciate the implication that voting against the resolution was inconsistent with upholding the constitution.

“How do you reconcile your desire to limit firearm regulation when considering the number of deaths caused by them?” she said. “Where is the domestic tranquility and general welfare for the victims of school shootings and mass shootings? How do we balance the two? By regulating gun ownership with red flag, universal background checks and safe-storage bills.”

As in 2020, Tuesday’s resolution drew a large crowd. About 65 people attended the meeting, which was moved from the usual board room to the circuit courtroom.

Nearly 40 people spoke during Tuesday’s public comment period, most in regards to the constitutional resolution; some also spoke about the environmental health code. For the most part, those who spoke about the two resolutions supported one or the other.

Views on the constitutional resolution were evenly split. Anderson, who had been counting the views of the speakers, counted 14 in favor and 14 against.

The Supreme Court has held that Second Amendment rights are not unlimited, said Craig Waddell, noting Justice Antonin Scalia’s opinion in D.C. v. Heller. Waddell and others also said the decision of whether laws are unconstitutional should be left to the courts.

“I’ve owned my own weapon since age 13, and I support gun control,” he said. “And I support common-sense gun control. I support gun owners’ rights to send their children to school, confident they’ll come home safely at the end of the day.”

People in favor of the resolution said the resolution created no new obligations for the board, and were a necessary protest against new overreaching bills.

Matt Heath, president of the Portage Lake Sportsmen’s Club, said the Michigan laws would likely fail under a Supreme Court ruling that found for activities protected by the plain text of the Second Amendment, regulations must be rooted in “historical tradition.” The laws would also be ineffective, he and others said.

“What good is a gun if it has to be under lock and key and someone’s breaking into your house, or you can’t take it into a place where you want to protect yourself?” he said.

Saaranen said the group putting the resolution together had run the resolution by him and county board members.

“It really doesn’t create any law or rule for Houghton County, in my opinion,” he said after the meeting. “It’s really a reaffirmation of our oaths that we all take.”

Saaranen said he couldn’t comment on the proposed bills in the Michigan legislature, since he hasn’t seen a final version. However, he didn’t think it represented a departure from normal practice. Typically, when new laws are passed, the sheriff’s office communicates with the prosecutor’s office to make sure they have some direction on enforcement.

“I support the board 100% passing that resolution — I support the wording and the verbiage, and I appreciate their telling us, me included, reaffirming their oath that they took supporting the Constitution of not only the United States, but the State of Michigan,” he said.