Albuquerque Journal On Senate Passage of "Red Flag" Bill

The New Mexico State Senate vote on the "red flag" bill yesterday is, quite naturally, making headlines in the state.

The Albuquerque Journal wrote:

SANTA FE – New Mexico appears to be on track to become the nation’s 18th state with a red flag gun law, after a divided Senate voted 22-20 on Friday to approve a bill that would allow firearms to be temporarily seized from those deemed dangerous to themselves or others. 

The narrow vote to approve the Extreme Risk Firearm Protection Order Act sent the bill on to the House, which approved a similar measure last year, with just over two weeks left in the 30-day legislative session. 

It also prompted at least one county sheriff to suggest the measure would be challenged in court if signed into law by Gov. Michelle Lujan Grisham.

Some of the more interesting parts of their article include:

But critics said the measure would violate New Mexicans’ constitutional rights and questioned whether it would prevent tragedies. 

A National Rifle Association spokeswoman described the bill as a “dangerous gun confiscation scheme,” while GOP senators argued it would be a scarlet letter of sorts for those falsely accused. 

“How can you have probable cause with no offense?” asked Sen. Greg Baca, R-Belen. “You don’t have a chance to defend yourself on that.” 

Under the bill, which was revised as it moved through the Senate and amended six times on the chamber floor, only law enforcement officers, not family members or co-workers, would be able to file a petition in state court for an order to prohibit someone from possessing firearms. 

However, law enforcement officials would have to explain their decision in writing if they opted not to seek a court order.  

Cibola County Sheriff Tony Mace, president of the New Mexico Sheriffs Association, said a court challenge probably will be launched if the bill is ultimately signed into law by the governor. 

“At the end of the day, our elected officials stepped on our constitutional rights,” Mace told reporters after Friday’s vote. 

He also acknowledged that the bill would be the law of the land if enacted but said law enforcement officers would retain “discretion” about how – and when – to apply it. 

In Friday’s vote, four Democratic senators joined Republicans in casting “no” votes on the bill – Sens. Gabriel Ramos of Silver City, John Arthur Smith of Deming, Richard Martinez of Ojo Caliente, and Clemente Sanchez of Grants.

To read the full article, go here.