New Mexico lawmakers vow to fight background check gun law in court
Mike Smith
Artesia State Rep. Jim Townsend (R-54) vowed a legal fight against Secretary of State Maggie Toulouse Oliver and her rejection of a petition to overturn New Mexico’s expanded background check law.
Toulouse Oliver determined Friday that the proposed petition referendum did not satisfy the necessary technical and legal requirements of New Mexico law, read a news release from the New Mexico Office of the Secretary of State.
“We understand our options and are prepared to pursue remedies through the courts if necessary,” Townsend said.
On March 7, Townsend and Farmington House Minority Whip Rep. Rod Montoya (R-1) sent a letter to Toulouse Oliver of their desire to initiate a referendum petition to overturn Senate Bill 8, signed by Gov. Michelle Lujan Grisham days before the 2019 New Mexico Legislative session ended March 16.
SB 8 requires a background check be conducted on all individuals seeking to purchase a firearm.
Referendum Petition rejected
Toulouse Oliver received a draft petition referendum from Townsend on March 11, per the release.
“Her rejecting the draft petition was not surprising or unexpected,” Townsend said. “She is politically charged, and I expected her response to be along those lines.”
In Friday’s letter to Townsend, Toulouse Oliver determined the legal deficiencies of the draft petition and listed why she was unable to approve and certify the petition for circulation, read the release.
“The Secretary of State noted five items that she believed kept her from approving the draft petition,” Townsend said. “Our attorneys believe four of those are easily curable and we are in the process of addressing those issues.”
MORE:New Mexico House Republicans lead charge against gun bills
One of the key deficiencies noted in the release are that laws providing for the public peace, health and safety are not subject to referendum.
“New Mexico courts have consistently ruled that legislation is exempt from referendum under the New Mexico Constitution if the legislation ‘bears a valid reasonable relationship of public peace, health or safety,’" per the release.
Townsend is confident the courts will side with New Mexico House Republicans.
“Yes, I do believe we will prevail because this isn’t a political party issue,” he said. “It's not about Democrats or Republicans, it is about freedom and rights.
"We have had hundreds of people contact us from both parties and ask us to continue to represent them and we will. So yes, I believe voters still have a chance of having their voices and votes heard, even in New Mexico.”
Carlsbad reaffirms support for Second Amendment
A day before Friday’s rejection letter, Townsend expressed support for the Carlsbad City Council’s vote declaring Carlsbad a Second Amendment “sanctuary city.”
Ward 3 Councilor Jason Shirley said Lujan Grisham reached out to him before Thursday’s vote.
“We had a good conversation,” he said. “She pointed out some details about the bill and some misconceptions that she wanted to be sure and make clear.
"I stated my support of our resolution and shared with her that my view of our resolution was that we are simply reaffirming our oath to uphold the constitution if there is ever a contradiction between law that is passed and the constitution.”
MORE:Carlsbad declared Second Amendment 'sanctuary city'
Carlsbad Mayor Dale Janway said Lujan Grisham didn't believe SB 8 was a violation of Second Amendment rights.
"We disagreed with her assessment, but agreed to allow materials representing her viewpoint to be passed out at the special council meeting," Janway said.
"We also invited her to visit Carlsbad in hopes that direct communication would help the Governor better understand the needs and views of the citizens of southeastern New Mexico."
Rev. Dave Rogers of Carlsbad’s First Christian Church opposed the resolution, saying it divided the community.
“In principle, I support the Second Amendment as an important part of the Constitution,” he said. “I do not support local elected officials outside of the constitutionally designated judiciary overstepping the bounds within the Separation of Powers and interpreting law they are sworn to uphold.
"You cannot say you are defending the Constitution if you violate the Constitution in support of the Constitution. I would like to see this handled through the courts rather than vigilante officials.”
Mike Smith can be reached at 575-628-5546 or by email at MSmith@currentargus.com or @ArgusMichae on Twitter.
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