G&R Tactical
Page 1 of 3 123 LastLast
Results 1 to 10 of 30

Thread: NM SHERIFFS REFUSING TO ENFORCE NEW GUN LAWS

  1. #1
    Join Date
    Aug 2010
    Location
    Not here
    Posts
    8,703
    Feedback Score
    0

    NM SHERIFFS REFUSING TO ENFORCE NEW GUN LAWS

    https://www.zerohedge.com/news/2019-...-control-bills

    As of the time of this writing, six bills have been filed.

    Here’s a summary of each of the six bills.

    House Bill 8: This “universal background check” legislation, sponsored by Representative Debra Sarinana, would ban all private firearms sales between law-abiding individuals.

    The state House approved HB 8 last week, which aims to make it a misdemeanor crime to sell or transfer a gun in a private transaction without a background check performed by a third party. A Senate committee has passed their own version of the bill, slammed by gun rights groups, in a party-line vote. (source)

    House Bill 35: This bill, sponsored by Representative Miguel Garcia, would require gun dealers to pay a $200 fee so that the New Mexico could screen every gun coming into their inventory for “potential theft.”

    House Bill 40: Also sponsored by Representative Miguel Garcia, this legislation would require criminal records checks on private firearms sales at gun shows. Gun grabbers tend to see gun shows as a particular threat, even though studies show that they are not a source of guns used by criminals. This bill – and HB 8 – would ban many or all private gun sales, and set the stage for a registry of gun owners.

    Perhaps the most disturbing of the six bills is House Bill 83.
    Have you heard of “red flag” gun confiscation laws?

    Officially called Extreme Risk Protection Orders (ERPO), “red flag” laws permit police, healthcare providers, or family members to petition a state court to order the temporary removal of firearms from a person who may present a danger to others or themselves. To date, fourteen states and the District of Columbia have red flag laws.

    Here’s a chilling explanation of what House Bill 83 would allow.

    Under section 5, any law enforcement personnel can ask a court to issue an order stripping any New Mexican of his Second, Fourth, Fifth, and Fourteenth Amendment rights. It wouldn’t even take an “ex parte” secret court proceeding; the request could be made by E-MAIL.

    Under section 6, an angry ex-girlfriend can convene a “secret court” (ex parte proceeding) to strip a gun owner of his Second, Fourth, Fifth, and Fourteenth Amendment rights — without giving the gun owner the opportunity to tell his side of the story to the “secret court.” (source)

    In October 2018, Maryland’s red flag law went into effect. Less than a month later, the law claimed its first victim.

    Gary J. Willis, a 61-year-old Maryland resident, was killed by police when they showed up at his home at 5 am to serve him with a court order requiring that he surrender his guns.

    Anne Arundel County Police said Willis answered the door with a gun in his hand. He initially put the gun down by the door, but “became irate” when officers began to serve him with the order and picked up the gun again, police said.

    Sgt. Jacklyn Davis, a police spokeswoman, said “A fight ensued over the gun.” Police claim that as one of the officers struggled to take the gun from Willis, the gun fired but did not strike anyone. Then, the other officer fatally shot Willis, who died at the scene. Neither officer was injured.

    Davis said she did not know who had sought the protective order against Willis.

    But Michele Willis, the victim’s niece, said this was a case of “family being family.” (source)

    From October 1 to December 31, 302 petitions were filed across the state. A majority of the red flag orders were filed by family members or household members, primarily about mental health concerns, with others being placed by law enforcement officials or health professionals, according to the Associated Press. Less than half reached a final stage in which the accused was not allowed to have a gun for at least a year.

    House Bill 87: This legislation would impose a gun ban on persons committing crimes as minor as damage to property. It expands the state’s “prohibited person” firearm law by incorporating federal firearm disqualifications. For example, it would prohibit individuals convicted of certain domestic violence misdemeanor crimes or who are subject to a domestic violence protective order from purchasing or possessing a firearm, with violations being a criminal offense. But, the bill goes beyond the prohibited categories in federal law in significant ways, as the NRA explains:

    The state law definition of “household member” – unlike federal law – specifically includes a person who is or has been a continuing personal relationship, which applies to dating or intimate partners who have never lived together. The bill would include, as firearm-prohibiting offenses, nonviolent misdemeanors with no physical contact between the parties (like harassment by telephone or email, or criminal damage to the property or jointly owned property of a “household member”). Unlike federal law, this bill would require anyone subject to a protective order to surrender any firearms they own, possess, or control to law enforcement within 48 hours of the order. Not only does this bill impose a mandatory surrender, it authorizes law enforcement to seize any guns that are in plain sight or are discovered pursuant to a lawful search. Similar legislation had passed the Legislature in 2017 but was vetoed by Gov. Susana Martinez. Significantly, the 2017 legislation contained other options for affected parties to comply with the firearm surrender requirement, including storing their guns with licensed firearm dealers, or transferring the guns to a qualified third party. These key alternatives are not contained in this bill. (source)

    House Bill 130: This bill would potentially make criminals of people who keep loaded firearms for self-defense. Sponsored by Representative Linda Trujillo, if signed into law, gun owners would be held criminally and civilly liable if a child gains unsupervised access to an unsecured firearm. But as the NRA points out, “New Mexico already has a first-degree felony child abuse statute on the books to hold adults accountable for putting children’s lives or health at risk in any manner. The tools exist to charge and prosecute parents or guardians in appropriate cases. Education is the key to protecting gun owners and their kids, not a state mandate on how one stores a firearm in his or her home.”

    These bills are facing opposition from a powerful force: the Sheriffs.
    Thankfully, most of New Mexico’s sheriffs are opposed to these gun control bills. Of the 33 sheriffs in the state, 29 have voiced disapproval of the package of anti-gun legislation by issuing a declaration through the state sheriffs’ association, stating that the “rush to react to the violence by proposing controls on guns is ill-conceived and is truly a distraction to the real problems proliferating violence in our counties and our state.”

    CBS 7 spoke with Lea County Sheriff Corey Helton, who explained why he objects to the proposed legislation.

    “You’re just taking guns out of law-abiding citizen’s hands. This is not going to affect the criminals out there. They’re going to be able to get guns and they do not follow the law.” Helton added that there are enough effective laws on the books and these new measures are either redundant or unconstitutional.

    “I’m proud to say I’m a constitutional sheriff and I’m just not going to enforce an unconstitutional law,” Helton said.

    “My oath prevents me from doing that.”

  2. #2
    Join Date
    Nov 2008
    Location
    New Mexico
    Posts
    1,558
    Feedback Score
    0
    I heard this from our sheriff here in San Miguel County, as well as the new Sheriff in San Juan County. They're just not going to enforce any off it, and that includes any kind of magazine restrictions or AWB in the future.
    Maj. USAR (Ret) 160th SOAR, 2/17 CAV
    NRA Life Member
    Black Mesa Ranch. Raising Fine Cattle and Horses in San Miguel County since 1879

  3. #3
    Join Date
    Apr 2008
    Posts
    327
    Feedback Score
    0
    All politics is local.
    "When a strong man, fully armed, guards his own house, his possessions are safe." Luke 11:21

  4. #4
    Join Date
    Mar 2010
    Location
    Idaho
    Posts
    1,835
    Feedback Score
    0
    Or until their pay and retirement are compromised.

  5. #5
    Join Date
    Nov 2008
    Location
    New Mexico
    Posts
    1,558
    Feedback Score
    0
    More Counties joining in. Some have to wait until the County Commissioners meet. San Juan County I know is next week.

    From the Las Cruces Sun News this evening 2/15:

    "New Mexico sheriffs fight gun bills with ‘sanctuary county’ resolutions"

    https://www.lcsun-news.com/story/new...ns/2886741002/
    Maj. USAR (Ret) 160th SOAR, 2/17 CAV
    NRA Life Member
    Black Mesa Ranch. Raising Fine Cattle and Horses in San Miguel County since 1879

  6. #6
    Join Date
    Nov 2008
    Location
    New Mexico
    Posts
    1,558
    Feedback Score
    0
    Yesterday, two more Counties became 2nd Amendment Sanctuaries: Lincoln County (of Billy the Kid fame) and San Juan County. Today Valencia County joined as well. Right now out of New Mexico's 33 counties, 29 seem to be heading towards 2nd Amendment Sanctuary protection.

    From KOAT TV in Albuquerque:

    Gun proposals causing sheriffs to take action-29 counties in favor of becoming Second Amendment Sanctuary counties.

    https://www.koat.com/article/gun-pro...ction/26438196
    Maj. USAR (Ret) 160th SOAR, 2/17 CAV
    NRA Life Member
    Black Mesa Ranch. Raising Fine Cattle and Horses in San Miguel County since 1879

  7. #7
    Join Date
    Aug 2010
    Location
    Not here
    Posts
    8,703
    Feedback Score
    0
    If you're not aware already, the ban on private sales without a background check is on its way to the governor for signature.

    Several counties are pledging to become "Second Amendment Sanctuary" counties refusing to enforce it.

    So the sheriff of Dona Ana County is pledging to enforce it and plans to initiate a policy that if law enforcement sees you have a gun they are allowed (ordered?) to ask you "where you got it.".

    As far as I'm concerned this is blatantly illegal, has nothing to do with the law, and will only lead to more abuses like treating your lawfully owned firearm like it's an NFA item or something. How long will it be until the sheriff's deputies are roaming Butterfield range asking to "see your papers." Will you have to travel with your purchase receipt from the gun shop for every firearm you take to the range?

    This is not a rumor. It's confirmed that the sheriff is implementing the policy of "asking you where you got your gun."

    It was in the Las Cruces Sun-News and I also got a screen shot of a press release from the NM Shooting Sports Association confirming it and citing the article in the Sun-News.

    I've been trying to get a written copy of this all day. I have a copy on my phone but I can't figure out how to download it to my computer and copy and paste the text. (I need to edit out some personal contact info before posting it).

    So, it's not a rumor. Those of you who live in Dona Ana County: Welcome to Nazi Germany run by a woman sheriff who looks like Herman Goering.

  8. #8
    Join Date
    Nov 2008
    Location
    New Mexico
    Posts
    1,558
    Feedback Score
    0
    Doc, you're right. It's in the Las Cruces Sun:

    https://www.lcsun-news.com/story/new...ll/3086988002/

    Even if they have the "right" to ask where you obtained your gun, you also have the right to decline answering such a question. Ownership of any private property does not require you to disclose when and where you got it. Or you can chose to lie like a Sailor and tell you bought it from Big Jimmy's Gold and Pawn when you were a resident of some other State. In reality, it's none of their Fu____g business.

    I went and read the final version of senate bill 8 and I find nothing in the language about LE asking questions about where the firearms was obtained:

    https://www.nmlegis.gov/Sessions/19%...nal/SB0008.pdf
    Last edited by OH58D; 03-09-19 at 14:25.
    Maj. USAR (Ret) 160th SOAR, 2/17 CAV
    NRA Life Member
    Black Mesa Ranch. Raising Fine Cattle and Horses in San Miguel County since 1879

  9. #9
    Join Date
    Feb 2009
    Location
    VA
    Posts
    276
    Feedback Score
    0
    Quote Originally Posted by OH58D View Post
    Doc, you're right. It's in the Las Cruces Sun:

    Even if they have the "right" to ask where you obtained your gun, you also have the right to decline answering such a question. Ownership of any private property does not require you to disclose when and where you got it. Or you can chose to lie like a Sailor and tell you bought it from Big Jimmy's Gold and Pawn when you were a resident of some other State. In reality, it's none of their Fu____g business.

    I went and read the final version of senate bill 8 and I find nothing in the language about LE asking questions about where the firearms was obtained:

    https://www.nmlegis.gov/Sessions/19%...nal/SB0008.pdf
    They can amend the statute to include implied consent, i.e., if you are out of your residence, you have given implied consent to establish how you acquired the firearm. Sort of like BAC for driving. Nevada is looking at implied consent for LEO to search your cell phone after an accident, etc.

  10. #10
    Join Date
    Feb 2009
    Location
    VA
    Posts
    276
    Feedback Score
    0
    Notice the statute omits all the permutations of step-, in-law-, and half blood relations.

    "(4) "immediate family member" means a spouse, parent, child, sibling, grandparent, grandchild, great-grandchild, niece, nephew, first cousin, aunt or uncle; and"

Page 1 of 3 123 LastLast

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •