Local activists asked the Marquette County Board of Commissioners at a meeting Jan. 4 to consider a proposed resolution which would “affirm its support for the Marquette County Sheriff and the Marquette County Prosecuting attorney, in the exercise of their sound discretion to not enforce against any citizen an unconstitutional firearms law,” the resolution stated.

In response, the board passed a resolution at its Jan. 18 meeting reaffirming the commissioners’ support of constitutional rights and the Second Amendment.

However, the board concluded that it did not have the authority to direct the activities of the prosecutor or sheriff and did not declare Marquette a sanctuary county.

Following the board meeting, John Kovarik, the chairman of the Marquette County Second Amendment Sanctuary County group, asked the county prosecutor and sheriff to publicly declare that they would not enforce unconstitutional firearms laws.

Marquette County Prosecuting Attorney Matt Wiese said that the prosecutor’s office will follow the firearms laws as interpreted by the courts.

The proposed resolution from the group is not legally enforceable and even if the sheriff and prosecutor agreed to it, the document is not binding, he added.

“Declaring yourself a sanctuary doesn’t change anything practically, because we still have to follow what the U.S. Constitution says is the law as is interpreted by state and federal courts. And that’s my biggest concern with this whole thing, is that they are asking the sheriff and myself to state we know what is best under the Constitution of the Second Amendment and we’re not going to follow what the state law says we should do as interpreted by the courts,” Wiese said. “I find that a little problematic in that we’re both a part of the executive branch of government and our job is to follow the laws as passed by the legislative branch as they are interpreted by the judicial branch. Saying: ‘No, we’re going to ignore that and do what we think the law should be,’ it basically compounds the whole purpose behind our three branches of government, democratic republic system that we have for our democracy.”

In a press release from Wiese and Marquette County Sheriff Greg Zyburt released Wednesday in response to the group’s request, Wiese stated that it’s not legally appropriate for him to make a declaratory decision on unknown future scenarios.

Zyburt echoed that sentiment.

“We swore an oath to uphold the Constitution and the state constitution and we can’t do what-ifs,” Zyburt said. “We have to go by what the constitution says. Both (Wiese) and I are sportsmen and we believe in the Second Amendment and the right to protect yourself, but we’re not going to sign a piece of paper about scenarios that may happen in a year, or two years, or three years.”

Kovarik said he felt “quieted” by the response from the prosecutor and sheriff.

“I really thought that he would stick up for the people a little more,” Kovarik said. “I don’t want to see our rights get taken away from us and when things like this happen, they happen gradually and people accept it and they accept it and they accept it and the next thing you know, all your rights are gone.”

Following the decision of county officials, the next step for the Marquette County Second Amendment Sanctuary County Group is to take action at the ballot box, he said.

“I would really like to see people get educated, to learn what’s going on, to know what’s going on in their country, in their state,” he said. “There’s two sides to every story. Look at both sides, don’t just look at one side.”

Zyburt said he and Wiese are open to meeting with the group for further discussion of the topic.

Trinity Carey can be reached at 906-228-2500, ext. 206. Her email address is tcarey@miningjournal.net.