New Mexico: Senate Public Affairs Passes Extreme “Red Flag” Legislation to Judiciary Committee

[Charlie T Waite]

Yesterday, the Senate Public Affairs Committee passed “Red Flag” gun confiscation legislation, Senate Bill 5, by a party line 4-3 vote. The measure has now been referred to the Senate Judiciary Committee where it will await further consideration.  Please contact members of the Senate Judiciary Committee and ask them to OPPOSE Senate Bill 5.

During the 2020 Budget Session, lawmakers are supposed to prioritize the creation of a state budget, however, anti-gun legislators are wasting time attempting to pass laws to undermine the Second Amendment and burden law-abiding gun owners.

House Bill 7 / Senate Bill 5 – Sponsored by Rep. Daymon Ely and Senator Joseph Cervantes, authorize the seizure of firearms and/or ammunition from individuals without due process. Unchallenged statements made by a petitioner before a judge, alleging that someone is a danger to themselves or others in an ex parte proceeding -- prior to any formal court hearing at which the respondent can be represented by counsel and present counter evidence -- would be sufficient for law enforcement to enter that person's home and confiscate their private property.

Constitutional rights should only be restricted with sufficient due process of law. Due process limits restrictions on constitutional rights to only serious convictions and adjudications that provide procedural protections to the accused, which results in more reliable proceedings. The Right to Keep and Bear Arms should not be treated as a second-class right and should only be restricted when sufficient protections are in place.

Again, please contact members of the Senate Judiciary Committee, and ask them to focus on passing a budget instead of targeting the Second Amendment and New Mexico gun owners.