New Mexico ‘red flag’ bill protested at Roundhouse

SANTA FE - Elected officials and uniformed law-enforcement officers participated in a public protest outside New Mexico’s Capitol building Friday morning in protest of a proposed “red flag“ law making its way through the current legislative session.

Hundreds rallied outside the Roundhouse, with flags bearing slogans against gun legislation and legends such as, “Come and take it” and “Don’t tread on me.” Some of those in attendance displayed firearms. There were no counterprotesters, and the prevailing mood was defiant, yet celebratory, punctuated with loud cheers.

Others are reading:Letters to the editor: On red flag laws

Speakers urged opponents to email or visit their legislators to demand a ‘no’ vote if the Senate and House bills make it to the floor.

The Extreme Risk Firearm Protection Order Act (SB 5) would allow the confiscation of firearms from people deemed a threat to themselves or others.

Although 30-day legislative sessions in New Mexico, which take place on even-numbered years, are generally focused on budgetary matters, other items can be added to the agenda at the governor’s discretion. A similar bill stalled in the state Senate during last year‘s 60-day session.

Gov. Michelle Lujan Grisham announced her support for another attempt at passing a red flag bill during a January appearance with Doña Ana County Sheriff Kim Stewart.

Related:Governor Michelle Lujan Grisham introduces extreme-risk gun bill in Las Cruces

Doña Ana County commissioners rejected a resolution supporting the bill in a 3-2 vote on Jan. 28, at a public meeting packed by opponents.

The bill has also stoked opposition from a majority of New Mexico county sheriffs, some of whom participated in a Friday morning press conference organized by the National Rifle Association’s Institute for Legislative Action and the New Mexico Shooting Sports Association.

More:Sheriffs oppose red flag gun legislation in New Mexico

Speakers at the press conference, including Republican minority leaders Rep. James Townsend of Artesia and Sen. Steven Neville of Aztec, argued that the bill was overly broad, could be weaponized in domestic disputes and deprive some New Mexicans of an immediate means of self-defense.

Two New Mexico sheriffs, Tony Mace of Cibola County and Shane Ferrari of San Juan County, argued there were already laws on the books allowing law enforcement to intervene in a behavioral health crisis. While Mace stuck to a defense of the second amendment, Ferrari argued that “red flag” court orders would limit his agency’s tactical options and potentially expose deputies to danger.

Some of the elected officials present argued that public safety was not the real intent, but rather a dilution of the second amendment.

Keep reading:Doña Ana County Commission votes against supporting red flag bill

“These attacks are right out of the left’s playbook, to limit or eliminate our rights as Americans to protect ourselves and we are seeing this plan unfold right in front of our eyes,” Sandoval County Commissioner Jay Block said, adding, “They want us to believe they’re protecting us by disarming us in the name of safety.”

Lujan Grisham’s administration says the legislation includes safeguards against vindictive use and requires hearings within 15 days of a court-approved emergency order, and in the case of a one-year order a respondent could petition the court for a hearing to terminate the order and reclaim their property.

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Former state Rep. Rick Little of Chaparral, a Republican campaigning to reclaim the House seat he lost to Democrat Willie Madrid in 2018, said the bill is not popular even among Democrats in his district.

“Most of the people are for second amendment rights,” Little said of District 53, which straddles New Mexico’s southern Doña Ana and Otero counties. “Especially because of the rural area. A lot of the folks have guns.”

Little said some proponents of red flag bills “are doing it with a good heart (thinking) if there were less guns there would be less crime,” but he remained unconvinced about such approaches. “All I feel like they do is restrict law-abiding citizens,” he said.

On Jan. 29, the bill passed the Senate Public Affairs Committee and its next hearing will be before the Senate Judiciary Committee, chaired by state Sen. Joseph Cervantes, D-Las Cruces. Cervantes is a co-sponsor of the bill.

More:Gun legislation advances with state Senate committee vote

A companion state House bill is awaiting a hearing before the House Consumer and Public Affairs Committee. 

Algernon D'Ammassa can be reached at 575-541-5451, adammassa@lcsun-news.com or @AlgernonWrites on Twitter.