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| Above, Cibola County Sheriff Tony Mace at the Second Amendment Rally at the Roundhouse on January 31. Photo by Armand Vaquer. |
As reported on this blog previously, the state of New Mexico can expect a lawsuit over the new "red flag" law that Gov. "Malevolent Michelle" Lujan Grisham signed into law.
Right now, the state's sheriffs are preparing for such a lawsuit.
According to Bearing Arms:
Cibola County, New Mexico Sheriff Tony Mace says he and other sheriffs from around the state are meeting with attorneys this week as they get ready to file suit over the state’s new red flag law, signed last week by Gov. Michelle Lujan Grisham.
During the signing ceremony, Grisham said that sheriffs who weren’t prepared to enforce the new law should resign, but Sheriff Mace and other sheriffs are taking the matter to court instead. Mace tells me that the sheriffs will be holding meetings with several different attorneys over the next few weeks to discuss litigation strategies before filing suit to block the law from taking effect.
Mace believes the new law infringes on the rights of residents in New Mexico, and not just their right to keep and bear arms. He says the law establishes a bizarre “civil search warrant” process that violates the Fourth Amendment, and the seizure of firearms of those who’ve not been accused of a crime, much less convicted of one, is also a violation of the Fifth Amendment’s taking clause.
In addition to the constitutional issues at stake, there’s also the pragmatic argument against red flag laws. As Sheriff Mace points out, when someone has been deemed by a court (in a one-sided hearing) to be a danger to themselves or others, the law gives the individual in question 48 hours to turn over their guns. Seems kind of odd to give a dangerous person two entire days to do dangerous things, does it not? And of course, once the firearms are seized, the dangerous person is left to their own devices. Their knives aren’t confiscated. Neither are their car keys. It’s only the guns that are taken away under a red flag law. The dangerous person is left behind, without any mental health treatment at all.To read more, go here.
9 comments:
Wishing the protesting sheriffs much success with the proposed law suit. I couldn't agree with them more! Our governor seems to have lost touch with her constituents.
Jews were deemed unsafe to the Nazi regime so the SS would break down their door and remove anything they wanted. The rest is history.
In today's society,
Thank God there is still common sense somewhere
Thank you for taking a stand against this.
Remember when Native Americans were disarmed, by the U.S. Government, then shot and killed? Never again, America ����!
Thank you to all law enforcement officials doing this. I hope it goes to the Supreme Court, but also hope and pray no one's rights will be tested or anyone actually resigns. I think NM decided to do this as they thought sufficient momentum was being carried forward by other states....without any concern for the actual welfare of NM citizens.
Red Flag Laws and the Tap Bill ... this is probably the future....the Socialist Democratic Nut Jobs are trying their best to Weaponized the use of Psychiatry for Political purposes, that has been a favorite go to for all Tyrannical Regimes in the past and present. I am afraid we are headed in that same direction.....
Red Flag Laws,,,,these laws are going to get abused,,,, and people that protect themselves with guns are going to be considered dangerous and have them taken away....
I stand with these sheriffs.
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